Last updated: 7/7/2021
Thanks for joining OneCity Inc. and/or its platforms (“OneCity Inc.”) We provide website features and other products and services to you when you visit or shop at JoinOneCity.com and/or OneCityMarket.com, use OneCity Inc. products or services, use OneCity Inc. applications for mobile, or use software provided by OneCity Inc. in connection with any of the foregoing (collectively, “OneCity Services”). By using the OneCity Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account and/or on your behalf, to the following conditions. Please read these conditions carefully.
We offer a wide range of OneCity Services, and sometimes additional terms may apply. When you use OneCity Services, you also will be subject to the guidelines, terms and agreements applicable to OneCity Services (“Service Terms”).
Please review our Privacy Notice, which also governs your use of OneCity Services, to understand our practices.
When you use OneCity Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other OneCity Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any OneCity Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of OneCity Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any OneCity Service is the exclusive property of OneCity Inc. and protected by U.S. and international copyright laws.
LICENSE AND ACCESS
You may need your own OneCity Inc. account to use certain OneCity Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit Your Payments to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. OneCity Inc. does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the OneCity Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Household. Alcohol listings on OneCity Inc. are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. OneCity Inc. reserves the right to refuse service, terminate accounts, terminate your rights to use OneCity Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. OneCity Inc. reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant OneCity Inc. a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant OneCity Inc. and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify OneCity Inc. for all claims resulting from content you supply. OneCity Inc. has the right but not the obligation to monitor and edit or remove any activity or content. OneCity Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
OneCity Inc. respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please email email@example.com or c/o OneCity Inc.,2740 Fulton Ave, Suite 209, Sacramento, CA 95821
RISK OF LOSS
All purchases of physical items from OneCity Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
OneCity Inc. does not take title to returned items. At our discretion, a refund may be issued without requiring a return. In this situation, OneCity Inc. does not take title to the refunded item.
OneCity Inc. attempts to be as accurate as possible. However, OneCity Inc. does not warrant that product descriptions or other content of any OneCity Service is accurate, complete, reliable, current, or error-free. If a product offered by OneCity Inc. itself is not as described, your sole remedy is to return it in unused condition.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or Vendors. We regularly check List Prices against prices recently found on OneCity Inc. and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on OneCity Inc.
With respect to items sold by OneCity Inc., we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by OneCity Inc. is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created by OneCity Inc., you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any OneCity Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using OneCity Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including OneCity Inc. Software), technology, and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE OneCity Services AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OneCity Services ARE PROVIDED BY OneCity Inc. ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. OneCity Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE OneCity Services, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OneCity Services, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE OneCity Services IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, OneCity Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OneCity Inc. DOES NOT WARRANT THAT THE OneCity Services, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OneCity Services, OneCity Inc. SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM OneCity Inc. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, OneCity Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OneCity Service, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OneCity Service, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any OneCity Service will be adjudicated in the state or Federal courts in Sacramento County, California, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.
2740 Fulton Ave, Suite 209,
Sacramento, CA 95821
ADDITIONAL OneCity SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with OneCity Services (the “OneCity Software”).
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the OneCity Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the OneCity Software at any time and without notice to you.
HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
OneCity Inc. accepts service of subpoenas or other legal process only through ways mentioned below. Subpoenas or other legal process may be served by sending them to OneCity Inc. at the following address:
2740 Fulton Ave, Suite 209,
Sacramento, CA 95821
Attn: Legal Department – Legal Process
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; and IP address and complete time stamps.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to Copyright through the address mentioned below:
2740 Fulton Ave, Suite 209,
Sacramento, CA 95821
Written claims concerning copyright infringement must include the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
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; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If this Agreement, including all of the policies that make up this Agreement, is found to be unenforceable, that part will be limited to the minimum extent necessary so that this agreement will otherwise remain in full force and effect. Our failure to enforce any part of the agreement is not a waiver of our right to later enforce that or any other part of this agreement. We may assign any of our rights and obligations under this agreement.