Terms and Conditions

This is to bind 21Squared, Inc (“21Squared”) and a user (“you” or “User”). In order for you to use 21Squared products and services, including, but not limited to: website, mobile application, third-party embedded products, products, and services (“Products”), please read these Terms of Use (“Terms”) carefully and understand in full, and agree. By using our Products in any way or form, including accessing 21Squared website, you agree to be bound by these Terms. Should you have any questions about the Terms, please contact us.

1. Use of 21Squared Products

1. You must be at least 18 years of age. Any form of use, including accessing our Products, by anyone under the age of 13 is prohibited.
2. You must understand these terms on this page in full. You are allowed to use our Products only if you can form a binding contract with 21Squared, and only in compliance with these terms and all applicable laws, including local laws of where you are using our Products.
3. Whenever you use our Products, you are bound to the Terms at the time. This may include modifications to Terms at later times or updates done to our Products (i.e. updating mobile app). You agree that automatic upgrades to the Products may take place and the Terms will apply to such upgrades.
4. You are responsible for all activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. 21Squared prohibits the creation of an account for anyone other than yourself. If you were asked to open an account by another person or persons or if you open an account on behalf of a company or your business client, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
5. Accurate Information: You represent that all information you provide or provided to 21Squared upon registration for use, during the development stage “Pre-Launch Users Sign Up” form, and at all other times will be true, accurate, current, and complete and you agree to update your information to reflect the most current, true, and accurate information about yourself.
6. Licensing: Subject to these Terms and our policies we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
7. Communication: You agree to provide us with an active email address where we reserve the right to send you major updates and other notifications. You may also opt in or out of marketing newsletters to the same email address.
8. Commercial Use: If your business requires the use of 21Squared beyond what is defined in these Terms, including becoming a retail partner, affiliate program and other use, please contact us.

2. Contents

1. Your content: You are allowed to post content on 21Squared, including your profile information, photos, description and comments, and other materials. Anything you post or otherwise make available on our Products is referred to as “User Content.”
2. Ownership: 21Squared does not claim any ownership of User Content, and you retain all rights in, and are solely responsible for any User Content you post on 21Squared.
3. Rights: You hereby grant 21Squared to a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute your User Content that you post on or through any form of 21Squared Products, including third-party embedded platforms, for the purposes of operating, developing, providing, and using the 21Squared Products.
4. These Terms shall not restrict other legal rights 21Squared may have to User Content. We reserve the right to modify or remove User Content for any reason including User Content that was deemed violation of these Terms or our policies.
5. Duration of Storage: 21Squared may retain the use of your User Content within the Products, including databases, after your account has been terminated or deactivated voluntarily or involuntarily, for a commercially reasonable period of time for backup, archival or audit purposes. When other users have stored or shared your User Content through 21Squared, your User Content may persist and appear within the Products, but all other data will not be accessible through your account when your account is terminated or deactivated.
6. Prohibited contents: In order to keep 21Squared and its users safe, you may not post or create User Content that is defined in “Acceptable Usage” section of Terms (section 13).

3. Copyright Policy and Limitations

If you suspect someone may be infringing on your trademark, please contact us. We take trademark rights and copyrights seriously. Any content and profile information, including profile picture, that may be infringing on your trademark, may be subject to 21Squared’s corrective action, if deemed appropriate upon review and sole discretion of 21Squared, which may include modification to the account, transfer the account, temporarily suspend the account, permanently deleting the account, or for concerns over User Content, the action may include temporarily or permanently remove the trademark content from 21Squared’s Products, including databases. Under any circumstance, 21Squared will not be responsible for copyright infringement that arise from wrongfully created User Content.

4. Security

We put priority on user and user information securities. While we work to protect the security of your content, account, and personal information, 21Squared cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

5. Third-Party Links, Sites, and Services

Our Products may contain links to third-party websites, web forms, advertisers, services, special offers, or other events or activities that are not owned or controlled by 21Squared. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from 21Squared, you do so at your own risk and you agree that 21Squared will have no liability arising from your use of or access to any third-party website, service, or content.

6. Termination

21Squared may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by the 21Squared terms.

7. Indemnity

If you use our Products for commercial purposes as determined in our sole and absolute discretion, you agree to indemnify and hold harmless 21Squared and its officers, directors, investors, associates, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.

8. Disclaimers

The Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.

21SQUARED SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

21Squared takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

At 21Squared, we strive to provide you with useful information regarding your apparel sizing, including optimized apparel size matching with other users that are appropriate to you. Such optimization and resulting recommendations are based on user generated data which may contain inaccurate data. 21Squared does not guarantee, in any way, that the products purchased will be the right size and/or fit. Use of 21Squared recommendations is completely at the user’s risk and 21Squared assumes no responsibility.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 21SQUARED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL 21SQUARED’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

10. Arbitration

For any dispute you have with 21Squared, you agree to first contact us and attempt to resolve the dispute with us informally. If 21Squared has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and 21Squared agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that 21Squared will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND 21SQUARED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

11. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Palo Alto, California, for any actions not subject to Section 10 (Arbitration).

Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations. Users assume full responsibility on compliance with local laws.

12. General Terms

Notification Procedures and changes to these Terms. 21Squared reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is released we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 21Squared without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with 21Squared in connection with the Products, shall constitute the entire agreement between you and 21Squared concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and 21Squared’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

13. Acceptable Usage Policy

21Squared is a community driven platform where users can inspire each other with apparel and sizing information. In order for 21Squared to keep the community safe and running efficiently for all of our users, at all times when you use the Products, you agree to comply with the following Acceptable Use Policy:

You agree not to post User Content that:

• is sexually explicit or pornographic;
• creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;
• may create a risk of any other loss or damage to any person or property;
• seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• violates, or encourages any conduct that violates laws or regulations;
• contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
• contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
• infringes any third party’s Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights;
• contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
• is fraudulent, false, misleading, or deceptive.

You agree not to engage in any of the following prohibited activities:

• Use, display, mirror or frame the Products, any individual element within the Products, the 21Squared name and its derivatives (i.e. 21Squared, Inc., 21Squared App), trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;
• Access, tamper with, or use non-public areas of the Products, our computer systems, or the technical delivery systems of our providers;
• Attempt to probe, scan, or test the vulnerability of any 21Squared system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by 21Squared or any of our providers or any other third party (including another user) to protect the Products or 21Squared Content;
• Attempt to access or search the Products, User Content or 21Squared Content or scrape or download User Content or 21Squared Content from the Products, or otherwise use, upload content to, or create new links, reposts, or referrals in the 21Squared Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by 21Squared or other generally available third party web browsers;
• Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a 21Squared or 21Squared trademark, logo, URL, or product name without 21Squared’s express written consent;
• Use the 21Squared Service for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by 21Squared or in any manner not permitted by the Terms;
• Use 21Squared user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Products to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Products;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Products;
• Collect or store any personally identifiable information from the Products from other users of the Products without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation;
• Request, collect or store username, password, token or any other account authentication information from other users; or
• Encourage or enable any other individual to do any of the activities prohibited in this Acceptable Use Policy.

If you run a contest or other type of promotion on 21Squared, you agree not to:

• Suggest that 21Squared sponsors or endorses you or the promotion;
• Require people to share from a selection;
• Make people share your contest rules;
• Run a sweepstakes where each engagement represents an entry;
• Encourage spammy behavior, such as asking participants to comment;
• Ask members to vote with shares or likes; or
• Require a minimum number of shares.

 

21Squared reserves the right, but is not obligated, to remove any User Content for any reason or for no reason, including User Content that 21Squared believes violates this Acceptable Use Policy or its Terms. 21Squared may also permanently or temporarily terminate or suspend a User account without notice and liability for any reason, including if, in 21Squared’s sole determination, a User violates any provision of this Acceptable Use Policy, our Terms, or for no reason.

Rewards Terms

This section pertains to terms the Company has implemented for rewards. 21Squared may generate revenue from affiliate partners when a purchase is made through the Company’s products and services.

1. Entirety of the Company’s (21Squared, Inc.) Terms and Conditions applies.
2. Users of the Company’s services may be eligible to receive rewards with or without cash value.  The terms on rewards are appended to the Company’s Terms and Conditions.
3. To earn rewards:
   1. You, the user, grant the usage of user generated contents for the Company to attach referral links to the contents being tagged or referenced.  This includes uploading a photo with a product tag upon scanning the UPC code.  The referral link to the affiliate merchants’ shop page is provided by the Company.
   2. Other users, as described in the Terms and Conditions, may browse user generated contents.  They may view the details of the content, including the product information portrayed in the media.  At their sole discretion, they may pursue to the purchase the product on merchants’ website by following the referral link, generally with a “Shop” button.
   3. If another user completes a purchase on an eligible item, You, who posted the original content, may be eligible to receive rewards as a appreciation of generating a sale.
4. Amount: Reward amount per purchase may vary, depending on the product, vendor/merchant, affiliate network, time of purchase, and the Company’s discretion.  The Company reserves the rights to adjust the eligibility and reward amount without consent.  Such event may be necessary when a promotion ends, fraud was suspected, or issues beyond the Company’s control.
5. Timing: Reward may require up to 45 days to be credited to your account when an eligible purchase was made by another user.
6. Payout Redemption: Accumulated rewards may be redeemed and paid in cash or other form of incentives.  In order for the payout to be processed, You are responsible for providing all necessary legal information, including full legal name and contact information.  There may be multiple method for payout available; You are responsible to provide truthful information when requested in order to process the payout.  The minimum payout is set at 25.00USD.  P
7. Accounting: All transactions and bookkeeping are made available for You to view.
8. Eligibility: Users as defined in Terms and Conditions, including the age limit. Reward redemption is only available for legal residents of the United States.
9. Abuse of Service: If You abuse the service in any way deemed fraudulent, the Company has the sole discretion to remove contents, investigate, suspend or ban an account, and further reserves the right to continue a case in legal ramification.  If our affiliate partners have requested an investigation or legal ramification, the Company will conduct internal investigation first and if the activity in question was deemed fraudulent, the User will be responsible for actions.  Not limiting, below are abuse that may be found fraudulent:
   1. You may not share your link to your colleagues, friends, family or anyone who you may associate with closely to purchase a product.
   2. Purchasing on post/content You generate.
   3. Force traffic to your posts by means of malicious ware, bots, spam posts, and other technical abuse schemes.
   4. Intentional inaccurate tagging of products.
   5. Fake accounts or multiple accounts per User.
10. Merchandise returns: If the product You initially promoted to generate a sale was returned to the vendor by the shopper, Your account will be adjusted accordingly.  If returned amount exceeds total balance in your account, the Company will notify you and bill you or debit the amount from future purchases.  If we were unable to collect the amount, we may use third-party collection agencies to recoup the loss.  If the amount is greater than 1000.00USD and fraud is suspected, the activity may be reported to the appropriate law enforcement and/or escalates to arbitration through a court as described in the Terms and Condition.