User Terms of Service

Last updated: 01.09.2020

Welcome to WEARIT!

WEARIT AS (Norwegian organization number: 923 835 598), Staverhagan 15, 1341 Slependen, Norway, operates getwearit.com and the iOS app "WEARIT". Please read these Terms of Use ("Terms") carefully. By downloading, accessing or using the mobile applications, websites or other products or services (collectively, the "Services") of WEARIT AS and our affiliates ("WEARIT", "we" or "us"), you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.

We may change or modify these Terms at any time and in our sole discretion. If we change these Terms, we will provide a notification, such as posting a notice on the Services, sending an email to the registered users or updating the "Last updated" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your WEARIT account.

The terms in this document are meant to allow us continue providing and improving our Services. They help to ensure that a few mean users don't ruin the experience for everyone else. Your part in that is simple. Just use common sense.

Privacy Policy

WEARIT is committed to your privacy. We are a Norwegian company governed by European privacy regulations, but believe that all our users should have the same transparent privacy regulations. By using our Services you accept our Privacy Policy, which is available in full here .

Audience and User Groups

WEARIT is intended for use by people who are 18 years of age or older, and persons under the age of 18 are prohibited from creating WEARIT accounts.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one WEARIT account.

WEARIT accounts are personal and must be owned by a physical person. You are not allowed to use a personal WEARIT account to represent a firm or an organization. Firms and organizations have to use a Business Account, and please contact us at admin@getwearit.com to create a Business Account.

We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and compensation, and in our sole discretion, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof. We do not offer any guarantee about the availability or use of the Services.

User Content

The Services consist of interactive features and areas that allow users to create, post, transmit and/or store content, including but not limited to photos, video, text, graphics, items or other materials (collectively called "User Content"). You understand that your User Content may be viewable by others. You agree that you are solely responsible for your User Content and that WEARIT is not responsible or liable for any User Content. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete User Content at any time and for any reason.

We do not claim ownership of any User Content that you post on or through the Services. However, by submitting User Content to WEARIT, you hereby grant us a nonexclusive, worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content in connection with the Services.

Some of the Services are supported by advertising revenue and may display advertisements and promotions. You hereby agree that we may place such content on the Service or on, about, or in conjunction with your User Content. The manner, mode, and extent of such advertising and promotions are subject to change without notice. The Service, or communication you receive while using the Service, might include links to third party services. You confirm that WEARIT not in any way hold any responsibility or commitments in relation to such third party services. Your correspondence and business with third party actors discovered through the service happens solely between you and the third party.

WEARIT Content

Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "WEARIT Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of WEARIT Content may violate such laws and these Terms. Except as expressly provided in these Terms, WEARIT does not grant any express or implied rights to use WEARIT Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, WEARIT Content, the Services or any related software, except as expressly stated in these Terms.

You are hereby granted a limited, non exclusive, non-sublicensable license to access and use the Services and WEARIT Content. This license is revocable at any time. This license is subject to these Terms and does not include:

Any use of the Services or WEARIT Content other than as specifically authorized in these Terms, without the prior written permission of WEARIT, is strictly prohibited and will terminate the license to use WEARIT granted in these Terms.

Intellectual Property

We respect people's rights, and and we expect you to do the same. By adding User Content to the Service you warrant that you own the User Content posted by you on or through the Service, or otherwise have the right to grant the rights and licenses set forth in these terms. You warrant that the posting and use of your User Content on or through the Service does not violate, misappropriate or infringe the rights of any third party, including, without limitation, privacy rights, publication rights, copyrights, trademark and/or intellectual property rights. You agree to pay for all royalties, fees, and any other demands owned by reason of User Content you post on or through the Service. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

Feedback

You agree that any feedback, suggestions, ideas or other information or materials regarding WEARIT or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of WEARIT. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We appreciate hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.

You further agree to abide by any third-party terms that apply when posting reviews of WEARIT, including the App Store Terms of Service

Prohibited Activities

In addition to the other restrictions outlined in these Terms, you agree that you will not:

We have absolutely no tolerance for objectionable content and/or abusive behaviour. We reserve the right to remove content that is deemed objectionable at our sole discretion. We will permanently refuse to offer the Service to Users partaking in abusive behaviour, and/or breaching other elements of these terms. Please know that you will not be egliable to receive any refund for purchased products you are not able to use due to your violation of these terms.

Account Security

You accept all responsibility for any activity that occurs while logged into your WEARIT account. You are responsible for making sure that you keep your password and/or other login measures secure and safe. You agree that you will not share your login information with others or do anything that might jeopardize the security of your account. You have to register to WEARIT with your official name, and we reserve the right to require identity authentication if we deem it necessary. We reserve the right to contact you in case we need more information regarding your WEARIT account.

If you have a Business account you will have to be verified by WEARIT before you can use the Service.

We reserve our right to access your account for testing and development purposes, and in cases where we suspect that the account is involved in activities breaching these terms.

In case you have forgotten your password and/or login details and no longer have access to your email address, we cannot give you access to the WEARIT account. This includes accounts with misspelled email addresses. We understand that this can be frustrating, but this policy is meant to make sure that WEARIT accounts are not accessed by any other than the owner.

Modifications to the Services

We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.

Disclaimer

THE SERVICES AND THE WEARIT CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE WEARIT ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS.

Note to International Users

The Services are administered from Norway. If you are a user accessing the Services from the European Union, Asia, the US, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Norwegian laws, please be advised that through your continued use of the Services, which are governed by Norwegian law, you are transferring your personal information to Norway and you consent to that transfer.

Disputes

1) Indemnification

By agreeing to these Terms you agree to indemnify, defend and hold harmless WEARIT, our managing members, shareholders, employees, affiliates, licensors and suppliers (the "WEARIT Parties") from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; (c) your violation of these Terms; or (d) your violation of the rights of another.

2) Limitation of Liability

Except where prohibited by law, in no event will WEARIT or the WEARIT Parties be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if WEARIT has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against WEARIT for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, WEARIT is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services or any content, WEARIT's liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

3) Forum and Venue

A lawsuit, if any, by you or WEARIT against the other will occur in court in Oslo, Norway. You and WEARIT agree that the jurisdiction and venue of this court is exclusive.

Applicable Law

Any dispute between you and WEARIT will be governed by these Terms and Norwegian law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Complete Agreement

These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and WEARIT.