TERMS OF SERVICE - INTRODUCTION
Thanks for having a look at our Terms of Service! At Onesie, transparency is very important to us, so our full Terms of Service are set out below, but to make it easier for you here is a short overview of the most important points:
- The basic version of Onesie can be accessed free of charge.
- To access the Service on Onesie you must register for a free account.
- We hate spam as much as you do. If you want, you can turn off any notifications, emails and newsletters from Onesie at any time.
We hope that you enjoy using Onesie!
I. ACCEPTANCE OF TERMS
- Onesie provides its service (the "Service") to you, subject to the following Terms of
- By accessing or using the Site, you (“you”) confirm that you agree to be bound by these
Terms of Service. You also confirm that you are either at least 18 years old or, if you are
younger than 18, that you have the permission of your parent or legal guardian, who will
take responsibility for your compliance with these Terms of Service. The Service is not
intended for use by children under the age of 13.
- These Terms of Service may be updated from time to time by Onesie. You can review the most
current version of the Terms of Service at any time here: www.onesie.tech/terms. Your
continued use of the Service or the Site after any such changes have been made constitutes
your acceptance of the new Terms of Service.
- If you do not agree to comply with these or any future Terms of Service, do not use or
access (or continue to use or access) the Service or the Site.
II. DESCRIPTION OF SERVICE
- The Service allows users that register for an account on the Service (each a "User") to
create and update an online profile on the Site (“Profile”). Each User that has registered
with the Service receives his or her own Profile on which to post "User Content" (as defined
in clause 6 below).
- Unless explicitly stated otherwise, any new feature that is added to the current Service,
including the release of new tools and resources, shall be subject to the Terms of Service.
- In order to use most features of the Service, you must have a valid Onesie account. In order
to obtain a Onesie account, you must register with Onesie by providing a
valid email address and other information ("Registration Data") as required by the
registration process on the Site. As part of that registration process, you will choose a
password for your Profile.
- You are responsible for maintaining the confidentiality of your password and account, and
are fully responsible for all activities that occur under your password or account. Each
account must be used individually and is not transferable. You agree to:
2.1. use your account individually and not share it with others; and
2.2. immediately notify Onesie in writing of any unauthorised use of your password or account or any other breach of security.
- You agree to:
3.1. provide true, accurate, up-to-date and complete information about yourself as prompted by the Service's registration form; and
3.2. maintain and update the Registration Data to ensure that it remains true, accurate, up to date and complete.
- You can modify data that you have entered into the Service at any time by accessing your
account and going to "Settings".
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our
Service without the express prior written consent of Onesie.
- Onesie cannot and will not be liable for any loss or damage arising from your failure to
comply with this clause 4.
- Registration Data and certain other information about you are subject to our Privacy
Policy, the terms of which are incorporated into these Terms of Service by reference.
Determining which personal data may be shared on your Profile is at your discretion (subject
to clause 6.2 below) and is your responsibility. By signing up to the Service you accept the
terms of these Terms of Service, you also indicate that you understand and consent to the
information collection, use, and disclosure practices described in our Privacy
VII. USER CONTENT AND BEHAVIOUR ON THE SERVICE
- All information, data, text, software, music, sound, photographs, graphics, video, messages,
tags, or other materials which are posted uploaded, emailed or transmitted via the Service
by Users ("User Content"), whether publicly posted or privately transmitted, are the sole
responsibility of the person from whom such User Content originated. Onesie accepts no
responsibility at all for any User Content that any User uploads, posts, emails, transmits
or otherwise makes available via the Service. Onesie does not control the User Content
posted via the Service and, as such, does not guarantee the accuracy, integrity or quality
of such User Content.
- You acknowledge that Onesie does not monitor User Content, but that Onesie shall have the
right (but not the obligation) in its sole discretion to refuse, move or delete any User
Content that is available via the Service that breaches the Terms of Service or is otherwise
(in Onesie's sole discretion) objectionable.
- Onesie does not claim ownership of the User Content. By submitting User Content to the
Service, you grant Onesie a worldwide, royalty-free, and non-exclusive licence to reproduce,
modify and publish such User Content (i) in respect of User Content which is submitted to
your Profile, for the purpose of displaying, distributing and promoting your Profile within
the Service at all times until your Profile is terminated, (ii) in respect of other User
Content, indefinitely for the purposes of the normal operation of the Service, and (iii) in
respect of User Content which provides comments on the Service (whether in your Profile or
not), for the purpose of marketing the Service to third parties. If you don’t want Onesie to
display your User Content anymore, you can delete your account at any time and your
information won’t be visible to other users.
- You agree to use the Service in a diligent, proper and lawful manner and to ensure that you
do not violate any applicable local, state, national or international law or any rights of
third parties (including trade mark, trade secret, copyright or other proprietary rights).
In particular, you agree not to use the Service to:
5.1. upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
5.2. harm minors in any way;
5.3. impersonate any person or entity, including, but not limited to, a Onesie official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with any person or entity;
5.4. use the Service as a forwarding service to another website;
5.5. forge headers or otherwise manipulate any content transmitted through the Service in order to disguise its origin;
5.6. upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships);
5.7. upload, post, email, transmit or otherwise make available any User Content that infringes any Intellectual Property Rights (as defined in clause 11.1) or confidentiality rights of any party;
5.8. upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
5.9. upload, post, email, transmit or otherwise make available any material 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;
5.10. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Service are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
5.11. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
5.12. "stalk" or otherwise harass any other Users;
5.13. collect or store personal data about other Users in connection with the prohibited conduct and activities set forth in paragraphs above; and/or
5.14. promote other sites or services which are not related with the Service offered by Onesie.
- You acknowledge and agree that Onesie may preserve User Content and may also disclose User
Content if required to do so by law, or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms
of Service or the Paid Services Terms; (c) respond to claims that any User Content violates
the rights of third parties; or (d) protect the rights, property, or personal safety of
Onesie, its Users and the public.
- You can cancel your account and your use of the Service at any time using the cancel
function within the “Settings” section of your Profile. After cancellation, you will no
longer have access to your Profile and all information contained therein may be deleted by
Onesie. However, you acknowledge that some User Content (such as comments, posts or
messages) not included directly within your Profile, may remain after the cancellation of
your Profile. Onesie accepts no liability for such deletion of information or
- You agree that Onesie may terminate your account if Onesie has reason to believe that you
have breached or acted inconsistently with the Terms of Service. Following such a
termination, Onesie may remove and discard any of your User Content within the Service
(including, but not limited to your Profile), and may also terminate any contracts, verbal
or written or assumed, in conjunction with your deleted Profile.
- Onesie reserves the right in its sole discretion at any time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof). Notice of any such
modification or discontinuance shall be posted on the Site wherever possible. You agree that
Onesie shall not be liable to you or to any third party for any modification or
discontinuance of the Service (except to the extent set out in clause 4 above in respect of
Paid Services) unless otherwise agreed between Onesie and such third party.
IX. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service,
use of the Service, or access to the Service without the express prior written consent of
X. INTELLECTUAL PROPERTY RIGHTS
- You acknowledge and agree that all Intellectual Property Rights in the Service, the Site,
any necessary software used in connection with the Service ("Software"), and all content
(including text, videos, images or other materials) contained within the Site and the
Service other than User Content (“Content”) belong to Onesie and its licensors and that,
except for the limited licence rights granted to you under clause 12.2, Onesie and its
licensors expressly reserve all Intellectual Property Rights in and to the Service, the
Site, the Content and the Software. The term “Intellectual Property Rights” means copyright,
trade marks, patents, service marks, trade names, rights in know-how, database rights,
design rights and other intellectual property rights or equivalent forms of protection, of
whatever nature arising anywhere in the world, whether registered or unregistered and
including applications for the grant of such rights.
- Subject to clauses 12.3 and 12.4 and your compliance with these Terms of Service, Onesie
grants you a limited, personal, non-transferable, non-sublicensable, worldwide and
non-exclusive licence to use the Site, the Service, the Content and the Software, in each
case for your own personal, non-commercial use, in accordance with these Terms of Service
and any other written or other instructions of Onesie (including any instructions or
parameters set down by Onesie within or as part of the Site or the Service).
- Your licence to use the Software is restricted to use of the object code of the Software,
and it is a condition of such licence that, except to the extent expressly permitted under
applicable law, you do not (and do not allow any third party to) copy, modify, create a
derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. Additionally, you understand that you may have to agree
to additional terms and conditions before you use such Software or any third party
- Without prejudice to clause 12.1, you agree:
4.1. not to access the Site, the Service or the Content by any means other than through the interfaces that are provided by Onesie for use in accessing the Service; or /
4.2. except as expressly authorised by Onesie or relevant third parties (including third party advertisers), not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
You agree to indemnify and hold Onesie, and its subsidiaries, affiliates, and its and their
officers, directors, agents, co-branders or other partners, and employees, harmless from any
losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out
of any claim, demand, allegation or proceeding brought by any third party due to or arising out
of your User Content, your use of the Service, your connection to the Service, your breach of
the Terms of Service, or your violation of any rights of another person or entity.
XII. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Onesie may establish general practices and limits concerning storage of data
on the Service and may modify such practices and limits from time to time without notice to you.
You agree that Onesie has no responsibility or liability for the deletion or failure to store
any messages and other communications or other User Content maintained or transmitted by the
Service. You acknowledge that Onesie reserves the right to delete accounts that are inactive for
a period of more than 12 months.
XIII. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
- Subject to clause 15.1 above you understand and agree that the Site, the Service and the
Content are provided "AS IS" and that you use the Site, the Service and the Content at your
own risk. To the fullest extent permitted by applicable law, Onesie expressly disclaims all
warranties of any kind, whether express or implied, including but not limited to any implied
warranties of merchantability, fitness for a particular purpose and non-infringement. In
particular and without limitation to the foregoing, Onesie does not, except to the extent
provided to the contrary under the warranty in clause 8.1, assume any responsibility for any
improvement of your One to One's; the timeliness, deletion, mis-delivery or non-delivery of
information; failure to store any user communications or personalisation settings;
restriction or loss of access; any bugs or other errors; unauthorised use due to your
sharing of access to the Service; or any malfunction and/or inadequacy of the internet
connection or the computer you are using. In addition, Onesie does not warrant that the
Service or any part of it will be uninterrupted or error-free. However, this clause is
subject to clause 15.3 below.
- Without prejudice to clause 15.2 but subject to clause 15.4, you expressly agree that Onesie
shall not be liable for any:
3.1. loss of profit;
3.2. loss of goodwill;
3.3. loss of use;
3.4. loss of opportunity;
3.5. loss of data;
3.6. loss of anticipated savings; (in each case whether direct or indirect), nor
3.7. for any indirect, incidental, special, consequential or exemplary damages (even if Onesie has been advised of the possibility of such damages), resulting from any matter relating to the Site, the Service or the Content.
- However, Onesie does not restrict its liability for fraud, death or personal injury caused
by its negligence, nor any other liability which Onesie is not permitted to restrict or
exclude as a matter of applicable law.
- In the event that you have a dispute with another User relating to, arising from, or in any
way connected with use of the Site or the Service, you release Onesie from all claims,
demands and damages of any kind or nature arising out of or in any way connected with such
XV. GENERAL INFORMATION
- Applicable legislation and jurisdiction. The Terms of Service and the relationship between
you and Onesie shall be governed by the laws of England without regard to any conflict of
law provisions of any jurisdiction. You and Onesie agree to submit to the exclusive
jurisdiction of the English courts, except that Onesie may seek injunctive relief in any
jurisdiction in order to enforce its rights under these Terms of Service.
- Third party rights. Under these Terms of Service no person other than you and Onesie shall
have any rights in relation to your access and/or use of the Site, the Service and/or the
Content, provided that Onesie’s third party licensors may take action against you to enforce
their Intellectual Property Rights or other rights.
- Waiver and severability of terms. The failure of Onesie to exercise or enforce any right or
provision of the Terms of Service shall not constitute a waiver of such right or provision.
If any provision of the Terms of Service is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavour to give effect to
the parties' intentions as reflected in the provision, and the other provisions of the Terms
of Service remain in full force and effect.
- Entire agreement. You agree that these Terms of Service represent the entire understanding
between you and Onesie in respect of your relationship with Onesie as a User (except in
respect of Paid Services, which are governed by the Paid Services Terms in addition to these
Terms of Service). These Terms of Service supersede any previous agreements between you and
Onesie including any previous version of these Terms of Service.
- Please contact us for any question you might have or report any breaches of the Terms of
Service under firstname.lastname@example.org.
- Onesie may contact you and send you notices, including those relative to changes in these
Terms of Service, by email, regular post or by posting announcements on the Site.
Last updated: August 2021