OnlyReborns is a marketplace where reborn artists and authorized reborn supplies dealers can advertise and sell authentic reborn dolls made by you as well as new/unused authentic reborn doll kits and supplies. We want to make sure that you and your buyers have a positive experience on OnlyReborns.

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1. ACCEPTANCE OF TERMS

OnlyReborns provides a collection of online resources, including product catalogs, discussion forums, and various email services available on or through OnlyReborns subject to the following Terms of Use (“TOU”). By using OnlyReborns in any way, you are agreeing to comply with the TOU. In addition, when using particular OnlyReborns services, you agree to abide by any applicable posted guidelines for all OnlyReborns services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with OnlyReborns in any way, your only recourse is to immediately discontinue use of OnlyReborns.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

3. ELIGIBILITY FOR USE

OnlyReborns reserves some parts of OnlyReborns exclusively for professional sellers, purchasers, and collectors of Authentic Reborn Dolls who are acceptable to OnlyReborns in its sole discretion. Although OnlyReborns attempts to limit the use of these parts of OnlyReborns to such purchasers, sellers, and collectors  of Authentic Reborn Dolls, nothing herein shall create any right of action against OnlyReborns for failing to adequately screen potential users or prevent the use of OnlyReborns by users who are not professional purchasers, sellers, collectors and resellers of items or accessories.

4. CONTENT

You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the OnlyReborns are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via OnlyReborns. Likewise, if you request the assistance of OnlyReborns to post content, or if you imply consent that OnlyReborns may post content on your behalf, either by written or oral means, or you fail to inform OnlyReborns that content should be removed, you are equally responsible for the content. You waive any and all claims against OnlyReborns of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself, your logos or your products on OnlyReborns. You understand that OnlyReborns does not control, and is not responsible for personal Content made available through OnlyReborns, and that by using OnlyReborns, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post User Content to OnlyReborns, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on OnlyReborns. By posting Content to any part of OnlyReborns, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with OnlyReborns or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. Furthermore, OnlyReborns and Content available through OnlyReborns may contain links to other websites, which are completely independent of OnlyReborns. OnlyReborns makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will OnlyReborns be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via OnlyReborns. You acknowledge that OnlyReborns does not pre-screen or approve Content, but that OnlyReborns shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via OnlyReborns, for violating the letter or spirit of the TOU or for any other reason.

5. THIRD PARTY CONTENT, SITES, AND SERVICES

OnlyReborns and Content available through OnlyReborns may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of OnlyReborns, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through OnlyReborns, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. OnlyReborns is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. Buyers should assume that any goods offered are not new, unless otherwise stated, nor in perfect condition, and may require touch-up or repairs prior to use and that the available information about the items may be limited. It is not possible for OnlyReborns to verify information provided by the seller of any item.

You agree that OnlyReborns shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of OnlyReborns. If there is a dispute between users of OnlyReborns, or between users and any third party, you understand and agree that OnlyReborns is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release OnlyReborns, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

6. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to OnlyReborns’ agent for notice of claims of copyright or other intellectual property infringement:

• by email: [email protected]

Please include the following with your Notice to our Abuse Agent:

• The identity of the material on OnlyReborns that you claim is infringing, in sufficient detail so that we may locate it on the website;
• A 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;
• Your address, telephone number, and email address;
• A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and
• Your physical or electronic signature.

7. PRIVACY AND INFORMATION DISCLOSURE

OnlyReborns may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Your personal information is further governed by OnlyReborns’ Privacy Policy.

8. CONDUCT

As a Reborn Artist member of OnlyReborns, you agree to only create, advertise, sell or commission work using Authentic Reborn Doll Kits whether vinyl or silicone. Certain membership levels will also allow for the advertising and sale of new/unused authentic reborn doll kits and supplies. Posting of dolls reborn from counterfeit, fake or stolen sculpts will result in permanent removal from the OnlyReborns website.

You agree not to post, email, or otherwise make available Content:

• that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
• that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for OnlyReborns;
• that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
• that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
• with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
• that impersonates any person or entity, including, but not limited to, a OnlyReborns employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
• that includes personal or identifying information about another person without that person’s explicit consent;
• that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
• that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
• that constitutes or contains any form of advertising or solicitation if: posted in areas of OnlyReborns which are not designated for such purposes;
• or emailed to OnlyReborns users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. that includes links to commercial services or web sites, except as specifically permitted;
• that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
• that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to OnlyReborns, or that otherwise negatively affects other users’ ability to use OnlyReborns;
• or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through OnlyReborns.

Additionally, you agree not to:

• contact anyone who has asked not to be contacted;
• “stalk” or otherwise harass anyone;
• collect personal data about other users for commercial or unlawful purposes;
• use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from OnlyReborns – unless expressly permitted by OnlyReborns;
• post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
• attempt to gain unauthorized access to OnlyReborns’ computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, OnlyReborns;
• or use any form of automated device or computer program that enables the submission of Content on OnlyReborns without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.

9. POSTING AGENTS

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to OnlyReborns on behalf of others. To moderate demands on OnlyReborns’ resources, you may not use a Posting Agent to post Content to OnlyReborns without express permission or license from OnlyReborns. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access OnlyReborns to facilitate posting Content on behalf of others, except with express permission or license from OnlyReborns.

10. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to OnlyReborns email addresses or through OnlyReborns computer systems is expressly prohibited by these TOU. Any unauthorized use of OnlyReborns computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

11. PAID POSTINGS

We may charge a fee to post Content in some areas of OnlyReborns. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to OnlyReborns is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from OnlyReborns for violating the TOU.  Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.

12. LIMITATIONS ON SERVICE

You acknowledge that OnlyReborns may establish limits concerning use of OnlyReborns, including the maximum number of days that Content will be retained by OnlyReborns, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by OnlyReborns, and the frequency with which you may access OnlyReborns. You agree that OnlyReborns has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by OnlyReborns. You acknowledge that OnlyReborns reserves the right at any time to modify or discontinue OnlyReborns (or any part thereof) with or without notice, and that OnlyReborns shall not be liable to you or to any third party for any modification, suspension or discontinuance of OnlyReborns.

13. ACCESS TO ONLYREBORNS

OnlyReborns grants you a limited, revocable, nonexclusive license to access OnlyReborns for your own personal use. This license does not include: (a) access to OnlyReborns by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of OnlyReborns nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by OnlyReborns. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to OnlyReborns, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.

OnlyReborns does not permit you to display on your website, or create a hyperlink on your website to, individual postings on OnlyReborns, absent express permission granted by OnlyReborns to do so. You may create a hyperlink to the home page of OnlyReborns, so long as the link does not portray OnlyReborns, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

OnlyReborns may offer various parts of OnlyReborns in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. OnlyReborns permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on OnlyReborns and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “OnlyReborns” as the source, (d) your use or display does not suggest that OnlyReborns promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden OnlyReborns’ systems. OnlyReborns reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of OnlyReborns beyond the scope of authorized access granted to you by OnlyReborns immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of OnlyReborns or any Content made available via OnlyReborns for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from OnlyReborns that has been signed by one of OnlyReborns’ authorized representatives.

14. TERMINATION OF SERVICE

You agree that OnlyReborns, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of OnlyReborns (or any part thereof), immediately and without notice, and remove and discard any Content within OnlyReborns, for any reason, including, without limitation, if OnlyReborns believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that OnlyReborns shall not be liable to you or any third-party for any termination of your access to OnlyReborns. Further, you agree not to attempt to use OnlyReborns after said termination. Sections 2-7 and 13-20 shall survive termination of the TOU.

15. PROPRIETARY RIGHTS

OnlyReborns is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through OnlyReborns is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of OnlyReborns. You further agree not to reproduce, duplicate or copy Content from OnlyReborns without the express written consent of OnlyReborns, and agree to abide by any and all copyright notices displayed on OnlyReborns. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in OnlyReborns. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of OnlyReborns. OnlyReborns, as well as certain other of the names, logos, and materials displayed on OnlyReborns, constitute trademarks, trade names, service marks or logos (“Marks”) of OnlyReborns or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with OnlyReborns or those other entities.

Although OnlyReborns does not claim ownership of content that its users post, by posting Content to any public area of OnlyReborns, you automatically grant, and you represent and warrant that you have the right to grant, to OnlyReborns an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of OnlyReborns, you automatically grant OnlyReborns all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on OnlyReborns by any party for any purpose.

16. DISCLAIMER OF WARRANTIES

You agree that use of OnlyReborns and OnlyReborns is entirely at your own risk. OnlyReborns and OnlyReborns are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, OnlyReborns disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of OnlyReborns and OnlyReborns. To the fullest extent permitted by law, OnlyReborns disclaims any warranties for other services or goods received through or advertised on OnlyReborns  or accessed through any links on OnlyReborns, including without limitation, warranty of title to or delivery of any good or service, any warranty with respect to intellectual property rights in any good or service, any warranty that any good or service conforms to its description or the colors, texture and detail shown on the user’s computer monitor. To the fullest extent permitted by law, OnlyReborns disclaims any warranties for viruses or other harmful components in connection with OnlyReborns. No advice or information, whether oral or written, obtained by you from OnlyReborns or through OnlyReborns shall create any warranty not expressly made herein. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

17. LIMITATIONS OF LIABILITY

Under no circumstances shall OnlyReborns be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if OnlyReborns has been advised of the possibility of such damages), resulting from any aspect of your use of OnlyReborns, whether the damages arise from use or misuse of OnlyReborns, from inability to use OnlyReborns, or the interruption, suspension, modification, alteration, or termination of OnlyReborns. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with OnlyReborns or any links on OnlyReborns, as well as by reason of any information or advice received through or advertised in connection with OnlyReborns or any links on OnlyReborns. These 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 limitation may not apply to you.

18. INDEMNITY

You agree to indemnify and hold OnlyReborns, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through OnlyReborns, your use of OnlyReborns, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

19. GENERAL INFORMATION

The TOU, and any additional terms to which you agree when using particular elements of OnlyReborns, constitutes the entire agreement between you and OnlyReborns and governs your use of OnlyReborns, superseding any prior agreement between you and OnlyReborns. The failure of OnlyReborns to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of OnlyReborns or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

20. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU by sending an email to [email protected] .

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for OnlyReborns to pursue legal action to enforce the TOU, you will be liable to pay OnlyReborns the following amounts as liquidated damages, which you accept as reasonable estimates of OnlyReborns’ damages for the specified breaches of the TOU:

If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay OnlyReborns one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.

If you send unsolicited email advertisements to OnlyReborns email addresses or through OnlyReborns computer systems, you agree to pay OnlyReborns twenty-five dollars ($25) for each such email.

If you post Content in violation of the TOU, other than as described above, you agree to pay OnlyReborns one hundred dollars ($100) for each item of Content posted. In its sole discretion, OnlyReborns may elect to issue a warning before assessing damages.

If you are a Posting Agent that uses OnlyReborns in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay OnlyReborns one hundred dollars ($100) for each and every item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access OnlyReborns (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay OnlyReborns an additional one hundred dollars ($100) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.

If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without OnlyReborns’ express written permission, you agree to pay OnlyReborns three thousand dollars ($3,000) for each day on which you engage in such conduct.

Notwithstanding any other provision of the TOU, OnlyReborns retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.

21. FEEDBACK

We welcome your questions and comments. Please send them to [email protected] .

22. TERMS OF USE FOR ALL SERVICES

OnlyReborns offers a variety of memberships (the “Memberships”) as a convenience to its participating member artists and persons interested in engaging a member artist (the “Consumer”) to perform or receive products or services (“Products/Services”) or information about such Products/Services.

As a condition to your use of the Memberships and as material inducement on the part of OnlyReborns to offer the Memberships, you expressly acknowledge and agree that:

Use of the Memberships are at your sole risk. OnlyReborns expressly disclaim any and all warranties of any kind, express or implied arising out of or relating to:

For Consumers:

a) the Memberships

b) the Member Artists (vendor/seller)

c) the Products/Services to be performed by any Member Artist.

a) your use of the Memberships

b) the engagement by you of any Artist Member

c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the Professional’s agents, vendors, consultants and the like

d) any other matter relating to the Programs.

• • In no event will OnlyReborns’ liability to you for any reason whatsoever exceed in the aggregate the sum of $10.00.
  • OnlyReborns and its Affiliates do not provide, nor will they provide, any service to or for you, nor is OnlyReborns and its Affiliates a party to any agreement which you may enter into with a Professional. If you engage any OnlyReborns Member, all arrangements in such regard are solely between you and the concerned Member.
  • If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.

 

For Artist Members:

a) the Memberships

b) the Consumers

c) the agreement between you and the Consumer.

OnlyReborns, its Officers, Directors, Members and Employees, as well as OnlyReborns Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:

a) your use of the Artist Memberships

b) the engagement of you by any Consumer

c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the your or the Consumer’s agents, vendors, consultants and the like

d) any other matter relating to the Programs.

• • In no event will OnlyReborns’ liability to you for any reason whatsoever exceed in the aggregate the sum of $10.
  • OnlyReborns and its Affiliates are not a party to any agreement which you may enter into with a Consumer. If you are engaged by a Consumer, all arrangements in such regard are solely between you and the concerned Consumer.
  • If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.

Questions about our services programs may be directed to: helpdesk.onlyreborns @ gmail.com

OnlyReborns, its Officers, Directors, Members and Employees, as well as OnlyReborns Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:

23. BRAND AGREEMENT

Legal Disclaimer: By logging in to your OnlyReborns account, you are agreeing to the terms below and you are stating that you have the authority to represent the artist’s products, pricing, and copyrighted material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.

1) Parties: This “Agreement” between “I” or “me” or the “Company” and OnlyReborns. (“OnlyReborns”, together with me, “we” or the “parties”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.

2) Content: I hereby license to OnlyReborns the use of the images (including logo, products, photos, etc.), product catalog, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalog, related data, the “Content”) for display on OnlyReborns and “Affiliated Sites,” including related websites, social media websites, picture hosting websites, and all other website OnlyReborns at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials. I may make suggestions for the best way to showcase my products or display the Content at any time, but OnlyReborns retains full discretion regarding what Content (if any) to display, how, and where. I represent and warrant that I have obtained all rights in the Content necessary for OnlyReborns to exercise the rights granted hereunder, that the Content is accurate and representative of my products, and that I will update my OnlyReborns account with any updates to the Content necessary to keep such Content accurate and representative of my products. OnlyReborns and Affiliated Sites are not responsible for any damages associated with the Content or its interpretation.

3) Fees:

a) Membership: Price as stated on OnlyReborns at the time of purchase of the membership. All payments are paid upfront at the beginning of the billing cycle. Payments are automatically deducted from the account on file each billing cycle, unless I cancel my account.

b)  Advertising: At times, OnlyReborns will offer Members the ability to feature a product. A set fee will be charged enabling the feature of a product for a period of 10 days.

c) Product Purchases from Members: Each Member sets their own prices, return and shipping policies. Consumers must read and agree to terms and conditions set by the Member with whom they are engaging.

4) Length of Contract: This Agreement is valid up to and until I upgrade, downgrade or cancel my account.

5) Billing: In the event that a payment is due on my Membership, but my credit card on file in no longer valid or active, OnlyReborns may attempt to contact me to determine updated account information. OnlyReborns will wait thirty (30) days before canceling my membership.

6) Termination: I may request termination of this agreement at any time.  Termination will take effect upon the end of the last day of my billing cycle.  OnlyReborns may terminate this agreement at will.  In the event OnlyReborns terminates this agreement early, and I am not in violation of any term of this Agreement, I will receive a prorated reimbursement for the portion of the billing cycle remaining.

End Agreement.