customer support
your experience on Upstyla is of the utmost importance to us.
help menu
search Upstyla help pages
(does not search for items)

TERMS OF USE

The following legally binding agreement ("Agreement") sets forth the terms of use ("Terms") governing your use of the Upstyla.com website ("Site"). Please read this Agreement in its entirety carefully before you use this Site or any services offered by Upstyla LLC, DBA Upstyla.com ("Upstyla").

The Terms of Use contained in this Agreement apply to all users of the Site, whether registered or not. If you use, visit or browse this Site, you implicitly agree to be bound by the Terms of this Agreement, which also includes other terms and conditions referenced and hyperlinked in this Agreement. The Terms of this Agreement apply equally to all registered user, Sellers and Buyers, whether active or not.

1. Upstyla is a platform provider

Upstyla provides a platform that enables its user to browse, list, offer, buy and sell certain goods for a fixed, advertised price. Upstyla is neither directly nor contractually involved in the transaction between Buyers and Sellers. Upstyla is neither an agent nor an intermediary between Buyers and Sellers. As a platform provider, Upstyla sets policies and rules to ensure the smooth working of the Upstyla marketplace and to ensure certain quality standards are adhered to. However, Upstyla has no control over the accuracy of the description of the items listed nor the legality and the quality of the items listed. Moreover, Upstyla has no control over whether a seller or a buyer is able or willing to complete a transaction. You are advised to communicate directly with prospective buyers and sellers via the communication facilities provided on the Site. For additional protection and assurance, you may consider using an escrow service provided by third parties. You agree that Upstyla is a platform provider and that Upstyla is not liable for any content, data, text, information, user names, graphics, images, and links posted by you or by other user. You accept that you are using this Site at your own risk.

2. user eligibility

Upstyla's website platform and services are only available to individuals of legal age (18 years and over) who have the legal capacity to enter into legally binding contracts, both with Upstyla, and with other users. By using this Site, you warrant and represent that you have the legal capacity and that all user information you provide is true and accurate. Upstyla nonetheless reserves the right to refuse or suspend a user's access to the Site at its discretion. Upstyla also reserves the right to amend its user eligibility requirements at any time at its discretion.

In the event of a minor individual (under 18 years of age) using the Site, the minor is deemed to be using the Site under the supervision of a parent or legal guardian who is over 18 years old, in which case, the supervising parent or legal guardian is deemed to be the user for the purpose of this Agreement.

3. compliance with Upstyla's rules and policies

By using this Site, you implicitly agree to comply with Upstyla'ss rules and policies as contained in this Agreement and any other policy documents referred herein or published on the Site from time to time, whether you are notified of their publication or amendments or not, namely:

4. registered users' accounts and profiles

By registering as a user on this Site, you agree that it is your responsibility and that you will take reasonable steps to keep your account password secure and confidential and that you will not allow another person access to your user account. You further agree that you will immediately notify Upstyla of any unauthorized use of or access to your account. You also agree that you will hold Upstyla harmless in the event of any loss or damage arising from any unauthorized use of your account.

As a registered user, you agree that you will keep all of your account information accurate and current at all times. You further agree that if you use the Site as a seller, you will provide valid payment information, such as a credit or debit card, or a PayPal account, and keep such information current at all times.

Your Upstyla user account is not transferable whatsoever. If you register for a user account in your capacity of the principal of a legal business entity, you warrant and represent that you have requisite legal authority to bind that entity in contract.

Upstyla reserves the right to refuse service, suspend a user or revoke user privileges to anyone, for any reason, at any time, whether temporarily or permanently, and whether the user is registered or not. This includes, but is not limited to, the right to cancel inactive, dormant and unconfirmed accounts.

5. fees and payments

Upstyla currently charges no fee for user registration but reserves the right to levy a registration fee at any time by giving due written notice or by publishing changes to its fees policy on the Site. Changes to Upstyla fees structure and policy, as published on the Site from time to time, shall take effect 14 days after publication.

Upstyla charges the seller a success fee based on the sale price of an item when it sells. Such fee scale may vary from time to time at Upstyla discretion but shall be clearly advertised on the Site and that sellers have constructive notice of the fee scale at all times. All seller's fees are due and payable when incurred. You are responsible for paying all fees and any applicable taxes associated with using the Site. Upstyla keeps accepted payment information on file for this purpose. You agree that with your express authorization, either on a one-time basis or on a recurring basis at your option, Upstyla may charge such fees to your preferred method of payment on file.

Unless otherwise stated, all fees are quoted in US Dollars (USD).

In the event that Upstyla exercises its discretion to terminate a listing on your account for whatever reason, in the event that you choose to close your account, or in the event that any payment due from you is not settled or received for whatever reason, you remain liable to pay all fees due to Upstyla. In the event that your account becomes past due, or your persistent lateness or failure to settle your account when due, Upstyla reserves the right to suspend or terminate your user account and any associated privileges without further notice.

6. selling and listing items for sale

By listing an item on the Site for sale, you warrant that you as a user, and the item you are listing comply with Upstyla'ss published policies. You also warrant that you may legally sell the item. You also agree that you will accurately describe your item and your terms of sale in good faith. You further accept that your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item, and that you will list your item in the most appropriate and accurate category. By listing an item for sale, you also warrant and represent that if the "in stock" quantity exceeds one, that all items in that listing are identical. Each unique item must have its own listing.

Upstyla urges all sellers to clearly state their custom service, payment, shipping, refund, return, exchange and any satisfaction guarantee policies on the Site. As a registered user using the Site as a seller, you agree to honor your seller's policies as advertised on the Site and to act in good faith in all your dealings with other user and buyers. Upstyla reserves the right to request that a seller modify a shop policy.

All sales on the Site are binding on both Buyer and Seller. As Seller, you are contractually bound to ship the item when paid for, refund the Buyer if unable to complete the transaction and honor your refund, return or any satisfaction guarantee policies as advertised. As Buyer, you are contractually bound to pay for the item purchased, and for the agreed shipping charges and any applicable taxes and import duties.

As Seller using the Site, you agree that you will not manipulate an item's pricing in order to avoid paying a selling fee to Upstyla or to mislead other user to the total cost of purchasing an item. Furthermore, you may not charge excessive shipping fees to compensate for a low listed price, or to otherwise avoid paying a success fee on the sale.

7. prohibited activities

By using the Site, you accept that you are solely responsible for your conduct and activities in relation to the Site and your interaction with other Upstyla user and any data, information, images, graphics, contents and links that you post on Upstyla.

The following activities are prohibited on the Site, any breach thereof may result in your account being suspended, terminated and/or in your IP addresses being permanently banned.

You agree that your use of the Site and any content that you post or provide therein shall not:

  1. Be false, inaccurate or misleading;
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items;
  3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
  4. Violate this Agreement, the Do's and Don'ts of Upstyla, any Site policy, rules or guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;
  6. Be defamatory, libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Upstyla staff or other user), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
  7. Be obscene or contain pornography;
  8. Contain or transmit any code, computer file or virus of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  9. Modify, adapt or hack this Site or modify another website so as to falsely imply that it is associated with Upstyla;
  10. Appear to create liability for Upstyla or cause Upstyla to lose (in whole or in part) the services of Upstyla'ss ISPs or other suppliers,
  11. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, the Do's and Don'ts, or other rules and policy documents as may be published on this Site from time to time.

Furthermore, you may not list any item on Upstyla that violates the Terms of Use or that could cause Upstyla to vicariously violate any applicable law, statute, ordinance or regulation.

8. content

Upstyla has no ownership rights nor does it claim any ownership rights to any content you post or submit to the Site. By submitting any kind of content to the Site, you grant Upstyla a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights you have in the content. You agree to allow Upstyla to store or re-format your content on the Site and display your content on the Site in any way as Upstyla sees fit. Upstyla will only use your personal information in accordance with its published Privacy Policy.

As a necessary part of the transaction process, you may obtain personal information, including email address and shipping information from another user. You may not add any Upstyla user to your email or physical mail list without their express consent. For more information, see Upstyla'ss Privacy Policy.

By posting content on the Site which is publicly available on the Internet, you accept and understand that there is an inherent risk that another website or a third party may copy and re-post that content. You agree to hold Upstyla harmless in the event of any such use over which Upstyla has no control.

9. other submitted material

Any material, including but not limited to suggestions, ideas, proposals, comments and forum postings submitted to Upstyla by user via the Site, whether solicited or unsolicited, are deemed by Upstyla to be non-confidential and non-proprietary. Upstyla shall not be held liable for the disclosure or the use of any such material. Likewise, any communication by you to Upstyla also falls within the provisions of this paragraph. By using the Site and by submitting material to the Site, you hereby agree to grant Upstyla a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable and transferable right and license to incorporate, use, publish and exploit such material for any purpose whatsoever, without compensation or accounting to you and without further recourse by you.

10. acknowledgment of risks

Upstyla is a platform provider, not a content provider and as such, does not control the content provided by its user that is made available on the Site. You may find some content to be offensive, inaccurate, misleading or deceptive. As a user of the Site interacting with other user, you accept that there are inherent risks of dealing with people acting under false pretenses, people misrepresenting themselves or the items they offer for sale, as well as the risk of dealing with underage user misrepresenting their age. By using the Site, you agree to accept such risks and that you will hold Upstyla (and its officers, agents, subsidiaries, partners and employees) harmless for any and all acts or omissions and misrepresentation committed by other user. You further agree that you will exercise prudence, caution and common sense, and follow safe buying and selling practices when using the Site.

Additionally, Upstyla is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Upstyla does not endorse nor is it liable for any content, advertising, products, or other materials on or available from such linked websites or resources. You agree to hold Upstyla harmless in the event of any damage or loss caused by your use of or reliance on any such content, goods or services offered on such linked websites or resources.

11. resolution of disputes and release

Should you have a dispute with one or more user, or an outside party, you release Upstyla (and Upstyla'ss officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Upstyla has no obligation to resolve disputes between user or between user and outside parties. Upstyla may however at its sole discretion try to help users resolve disputes. In the event that Upstyla attempts to resolve a dispute, Upstyla will do so in good faith based solely on Upstyla's policies. Upstyla will not make judgments regarding legal issues or claims.

In the event a dispute arises between you and Upstyla, please contact Upstyla.

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Fairfax County, Virginia, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Northern District of Virginia. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Upstyla agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

12. intellectual property

Upstyla, and other Upstyla graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Upstyla LLC in the U.S. and/or other countries. Upstyla's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

13. site access and interference

Upstyla may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Upstyla is updated on a real-time basis and is proprietary or is licensed to Upstyla by Upstyla's user or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Upstyla for any purpose whatsoever, except to the extent expressly permitted by Upstyla. Additionally, you agree that you will not:

  1. Take any action that imposes, or may impose an unreasonable or disproportionately large load on the Site's infrastructure.
  2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user content (except for your own content).
  3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
  4. Bypass the Site's robot exclusion headers or other measures Upstyla may use to prevent or restrict access to the Site.

14. breach

Upstyla may, without notice, and without refunding any fees, delay or immediately remove content, warn the Site's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

  1. Upstyla has reason to suspect that a user has breached this Agreement, the Privacy Policy, theDo's and Don'ts or other policy documents and community guidelines incorporated herein;
  2. Upstyla is unable to verify or authenticate any of your personal information or content;
  3. Upstyla believes that a user has blatantly violated Upstyla's policies, has engaged in improper or fraudulent activity in connection with Upstyla or the actions may cause legal liability or financial loss to Upstyla's users or to Upstyla.

15. privacy

Upstyla will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Upstyla stores and processes content on computers located in the United States that are protected by physical as well as technological security.

16. disclaimer of warranty

Upstyla, its subsidiaries, officers, directors, employees and Upstyla's suppliers provide the Site and services "as is" without any warranty or condition, express, implied or statutory. Upstyla, its subsidiaries, officers, directors, employees and Upstyla's suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice of information, oral or written, obtained by you from Upstyla shall create any warranty.

17. liability limit

In no event shall Upstyla, and its subsidiaries, officers, directors, employees or Upstyla's suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site, the Site's services, or this Agreement, including without limitation, lost profits, bodily injury, emotional stress, or any special, incidental or consequential damages.

Upstyla's liability, and the liability of its subsidiaries, officers, directors, employees and suppliers, to you or to any third parties in any circumstance is limited to the greater of the actual amount of fees you paid to Upstyla in the 12 months preceding the action giving rise to the liability, or $100.

18. indemnity

You agree to indemnify and hold Upstyla and its parents, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of this Agreement or the documents incorporated herein by reference, or your violation of any law or the rights of a third party.

19. no guarantee

Upstyla does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Upstyla's control.

20. legal compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any of the Site's service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.

21. severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

22. no agency

You and Upstyla are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

23. modification or termination of the Site's service

Upstyla reserves the right to modify or terminate the Site's service for any reason, without notice, at any time. Upstyla reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Upstyla makes a material change Upstyla will notify you here, by email, by means of a notice on our home page, or other places Upstyla deems appropriate. What constitutes a "material change" will be determined at Upstyla's sole discretion, in good faith, and using common sense and reasonable judgment.

24. choice of law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Virginia, excluding its conflicts of laws rules, and the United States of America.

25. notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Upstyla LLC, Attn: Legal Department; P.O. Box 4162 Oakton, VA 22124. Or, in your case, to the email address you provide to Upstyla. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Upstyla may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Upstyla. In such case, notice shall be deemed given three days after the date of mailing.

26. disclosures

The services hereunder are offered by Upstyla LLC, doing business as Upstyla.com, whose business and mailing address is P.O. Box 4162 Oakton, VA 22124

The following legally binding agreement ("Agreement") sets forth the terms of use ("Terms") governing your use of the Upstyla.com website ("Site"). Please read this Agreement in its entirety carefully before you use this Site or any services offered by Upstyla LLC, DBA Upstyla.com ("Upstyla").

The Terms of Use contained in this Agreement apply to all users of the Site, whether registered or not. If you use, visit or browse this Site, you implicitly agree to be bound by the Terms of this Agreement, which also includes other terms and conditions referenced and hyperlinked in this Agreement. The Terms of this Agreement apply equally to all registered user, Sellers and Buyers, whether active or not.

back to help