Help:Terms

Purpose of Service

Overstock.com, Inc. hosts and sponsors a community at http://community.overstock.com/, including without limitation Guides at http://omuse.overstock.com/wiki/Main_Page, Blogs at http://community.overstock.com/blogs/, and Forums at http://www.overstock.com/community/forum.html (collectively, the "Community"). The Community is a social platform for publishing content made freely accessible for informational and entertainment purposes to anyone with access to the Internet.

Agreement to Terms of Use

Any access to, viewing of, browsing, contributing to, and/or downloading from the Community (collectively, "Use" or "Using" as appropriate) is subject to these Terms of Use ("Terms"), the Terms and Conditions for Overstock.com, our Privacy Policy, and, where applicable, the Creative Commons Attribution-ShareAlike License 3.0. The term "User" refers to any individual who has registered and created a username and password. The term "Visitor" refers to any person who has not created a username and password but accesses, views or browses the Community. The term "Community Content" refers to any and all User-contributed content and edits hosted by the Community. The terms "you," "your," "yours" and "yourself" refer to any User and/or Visitor who accesses, views, browses or contributes to the Community. The terms "Overstock," "Overstock.com," "we," "us" and "our" refer to Overstock.com, Inc., its affiliates and subsidiaries. Overstock may modify these Terms at any time, and your continued access to, viewing of, browsing or contributing to the Community constitutes your agreement to be bound by any an all modifications. If you do not agree to these Terms and any modifications, you should not access, view, browse, contribute to, or download from the Community. Accessing, viewing, browsing, contributing to, or downloading from the Community constitutes your acceptance of these Terms.

Privacy

You acknowledge that you have read and that you understand our Privacy Policy and agree that we may collect, use, and distribute information pursuant to that policy. You represent and warrant that your Use of the Community will be in accordance with our Privacy Policy.

User Account and Registration

You may not modify the Community or any Community Content without becoming a registered User or obtaining our prior express, written consent. Overstock, in its sole discretion, may allow you to create a username and password to access and contribute content to the Community, provided that you complete the registration process, and in so doing provide truthful and accurate information. Overstock reserves the right to define distinct User classes, each with defined permissions and levels of access. Overstock may allow these different classes of Users to access to certain additional areas of the Community (e.g. project participants and monitoring editors may have access to different areas of the Community).

You may use your password only to Use the Community in ways consistent with these Terms. No other Use of the Community is authorized. You are responsible for maintaining the confidentiality of your account, username and password, including restricting access to your computer, and you agree to accept responsibility for all activities that occur related to your account, username and/or password. You may not disclose or share your password with any third parties or use your username and password for any unauthorized purpose. You agree to report any unauthorized use of your account, username or password promptly to our Community Contact Form. We reserve the right to refuse service, terminate accounts, remove or edit content, or refuse Contributions in our sole discretion.

User and Visitor Conduct

You agree that you will not Use the Community in an inappropriate or unsecure manner or for any purpose that is prohibited by these Terms. You may not use any email addresses or other contact information obtained through the Community (whether or not relating to Users) to send unsolicited email messages (i.e. spam) or any other unsolicited communications. You will not download or copy any User's account information for the benefit of another entity. In general, the Community is intended for personal use and not as a corporate media hosting service. Certain business uses, such as by educators, professional artists and writers, are permitted. If in doubt, contact the Community moderators. You will not Use the Community as a storage space for your private photos or video.

You will represent yourself accurately and truthfully at all times. You grant Overstock the right to independently verify any information that you post about yourself on the Community. You agree to follow all applicable laws and regulations when Using the Community or its services. Without limiting the foregoing, you agree that you will not Use the Community to take any of the following actions: defame, harass, stalk, threaten, abuse, or otherwise violate the rights of others; publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any defamatory, infringing, obscene, indecent, profane, inappropriate, or unlawful content; transmit files containing viruses, corrupted files, or any other similar files or software that may damage or adversely affect the operation of the computer of another, the Community or any software or hardware; advertise or offer to sell any goods or services for any commercial purpose without our written consent; transmit pyramid schemes, spam, unsolicited advertising or promotional materials, surveys, contests, or chain letters; download any file that you know or reasonably should know cannot be legally obtained in such a manner; restrict or inhibit any other User or Visitor from utilizing and enjoying the Community; collect personal information about other User or Visitor; interfere with or disrupt our sites, servers, or networks; impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or manipulate identifiers or other data to disguise the origin of any content transmitted through our sites or to manipulate your presence on the Community; take any action that imposes an unreasonably or disproportionately large load on our infrastructure; falsify or delete any author attributions, legal or other proper notices, proprietary designations or labels of the origin or the source of software or other material; engage in any illegal activities; or violate these Terms.

Termination of Use

Overstock reserves the right to immediately terminate your Use of the Community at its sole discretion at any time and without notice. Upon termination, you agree that Overstock may immediately deactivate any account, username and password it has issued to you and bar you from accessing the Community and Community Content. We may terminate your access to and suspend your right to access all or part of the Community, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another User, Visitor, affiliate or Overstock. Overstock, in its sole discretion, may terminate your membership without notice if we believe that you have violated or acted inconsistent with these Terms. In addition, we reserve the right to refuse the registration of any User at our sole discretion.

You have the right to terminate or cancel your membership at any time. You understand and agree that the cancellation of your membership or a particular component of the service is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to or arising out of: (a) any part of these Terms or our enforcement or application of these Terms; (b) any other terms, conditions, policy or practice of Overstock, including the Privacy Policy and the Creative Commons Attribution-ShareAlike License 3.0, or Overstock's enforcement or application of these policies; (c) the content available through the Community or, (d) your ability to access and Use the Community. Overstock will not be liable to you for termination of your membership to the Service. Overstock may at any time, and in its sole discretion, and without liability, terminate the Community or any product, service or feature offered on or by the Community.

Community Content

The Community Content hosted by the Community is collaborative and comprised of contributed content that we, our partners or affiliates, and Users may create, supplement, and/or edit. All Community Content published, displayed, cached or made available on the Community, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, is licensed under the Creative Commons Attribution-ShareAlike License 3.0, but may be protected by other intellectual property rights such as trademarks. Any modification, publication, transmission, participation in transfer or sale, reproduction, creation of derivative works, distribution, public performance, public display, or other exploitation of any of the materials or content on or from the Community Content portion of the Community, in whole or in part, must conform and comply with the terms contained in the Creative Commons Attribution-ShareAlike License 3.0. Overstock does not review all Community Content hosted by the Community and disclaims any responsibility for any material that violates the privacy or publicity rights, or infringes the proprietary rights, of third parties, or the downloading, copying or use of which may be subject to additional terms and conditions.

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your Use of the Community and its services. Some of the content available through the Community may be governed by local, national, and/or international laws and regulations, and your Use of such content is solely at your own risk. In using the Community, you further agree (a) not to violate anyone's privacy rights, (b) not to act in any way that might give rise to civil or criminal liability, (c) not to act in any way that could be harmful to minors, including, without limitation, transmitting or facilitating the transmission of child pornography, which is prohibited by federal law and may be reported to the authorities should it be discovered by us.

You agree that your Use of the Community and Community Content is at your sole risk. Overstock does not review all Community Content hosted by the Community and disclaims any responsibility for any effects or harm resulting from your use of the Community and Community Content. As Contributions to Community Content may come from many different sources, Community Content may contain information that could be deemed offensive, disturbing, pornographic, discriminatory, misleading, fraudulent, or otherwise objectionable. You understand and agree that Overstock makes no warranty or representation regarding the accuracy, completeness, reliability, currency, or usefulness of Community Content, that the Community or the Community Content will meet your requirements, that access to Community Content will be uninterrupted, timely, secure, or free of errors, or that defects, if any, will be corrected.

You may not use any software, device, or routine to interfere or attempt to interfere with the proper working of the Community. Overstock reserves the right, at its sole discretion, (a) to remove, block, or edit any Contributions and/or Community Content that it considers to be in violation of these Terms or to be otherwise illegal, harmful, inappropriate, insecure, or contrary to the purposes of Overstock; and (b) to report any illegal or offending activities to the appropriate authorities. Overstock, or, if it chooses to designate community moderators, shall be the sole arbiters of whether material shall be removed from the Community.

Links

The Community may contain links to other websites or web pages owned by Overstock, or third party websites including without limitation deepcapture.com. Your use of any of those websites or web pages is subject to the applicable terms, if any, posted on the respective site(s) and/or page(s). Overstock bears no responsibility for the websites or web pages that may link from the Community or for websites or web pages that may link to the Community. Overstock bears no responsibility for the content or Use of other websites or web pages. By linking to an external website or web page, Overstock does not represent or imply endorsement of such website or web page. You are responsible for taking necessary precautions to protect yourself and your computer system from viruses, worms, trojan horses and other harmful content. Overstock disclaims any responsibility for any harm resulting from your Use of other websites and web pages.

Responsibility of Contributors

All Contributions, including, but not limited to, data, text, software, graphics, photographs, video, sound files, messages, ideas, opinions, or any additions, modifications, or edits thereto ("Contribution(s)"), and the effects thereof are the responsibility of the person from which the Contribution(s) originated ("Contributor"), NOT OVERSTOCK. You agree that any Contribution(s) that you post, transmit or otherwise make available through the Community: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation; (c) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; (d) shall not be harmful, threatening, abusive, offensive, harassing, inflammatory, defamatory, obscene, or contain pornography or racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense; or (e) shall not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. By acting as a Contributor, you represent and warrant that: the downloading, copying and use of your Contributions will not infringe the proprietary rights, including but not limited to intellectual property rights, of any third party; your Contributions can be and are made consistent with the terms of the Creative Commons Attribution-ShareAlike License 3.0; your Contributions do not contain any viruses, worms, trojan horses or other harmful or destructive content, and; your Contributions are not obscene or libelous, and do not violate the right of privacy or publicity of any third party.

Copyright and Licensing

All Community Content in this collection is available under the Creative Commons Attribution-ShareAlike License 3.0. A summary of the terms of this license is available. You may click on the license name to read its terms. All Contributions to Community Content are owned by each respective individual Contributor and voluntarily licensed under the Creative Commons Attribution-ShareAlike License 3.0 License. By contributing content to the Community, Users make their Contribution(s) available under the Creative Commons Attribution-ShareAlike License 3.0. By contributing content, Users grant Overstock a nonexclusive, royalty-free right to use Contributions in accordance with the Creative Commons Attribution-ShareAlike License 3.0. As allowed for by the Creative Commons Attribution-ShareAlike License 3.0, any and all Contributors, as author and originator of their Contribution(s), assign and designate that attribution for Contribution(s), whenever and wherever required, shall be satisfied by attributing the work to Overstock and, preferably, providing the URL linking to the location of the relevant Community Content. Contributors to a particular work in Community Content are listed in the work's Contributor History page, for which a link appears on the Community Content page that hosts the work. You agree not to copy, republish, and/or use in other works any portion of the Community Content (unless you are the original author/Contributor of the entire portion) offsite without accrediting "Overstock" and, preferably, providing the URL linking to the original Community Content. If you incorporate external Creative Commons-licensed works, in accordance with the Creative Commons Attribution-ShareAlike License 3.0 you agree to provide proper attribution and, where applicable, provide the URL linking back to the network location of the original copy.

By contributing content, edits, or additions to texts or other works in the Community Content pages, Users agree that the texts or other works can be replaced, modified, revised, edited, incorporated wholesale into other works and/or be reproduced and/or redistributed in accordance with the Creative Commons Attribution-ShareAlike License 3.0. Note: the Creative Commons Attribution-ShareAlike License 3.0 allows such use so long as proper attribution is provided and the same license will attach to any and all such use. By agreeing to post your Contributions on the Community, you recognize that they may also appear on search engines, in an open media registry, and on our affiliate and/or partners' sites.

Overstock does not provide legal services, and therefore, providing you with the license agreement to your Contribution(s) does not create an attorney-client relationship. The license agreement and all related information are provided on an "as is" basis. Overstock makes no warranties whatsoever regarding the license agreement and the information provided, and disclaims all liability for damages, including without limitation, any general, special, incidental or consequential damages, resulting from the use of the license. Overstock may include the license label in making your content accessible to others, but any enforcement of license terms remains your sole responsibility.

Ownership and Authorship

Overstock does not determine the ownership or authorship of Contributions and/or Community Content hosted on the Community. Contributions and/or hosted Community Content are subject to the following conditions and guidance: to the extent that Contributions create new, copyrightable works of authorship, the copyrights to the new works will be owned collectively by the work's Contributors by operation of law and licensed under the Creative Commons Attribution-ShareAlike License 3.0.

Trademark Policy

IMPORTANT: The contents of section "10. Copyright and Licensing" of these Terms and the Creative Commons Attribution-ShareAlike License 3.0 do not apply to trademarks. Overstock and its respective logos and the Community design are trademarks, service marks and/or trade dress of Overstock, and may not be used without express written permission from Overstock. EXCEPTIONS: You may use any of these trademarks in any medium so long as it is for the purpose of attribution, identifying or referencing this website, and/or to provide a link to this website. You may not use any of the trademarks for any other purpose without first obtaining our written consent and never in any manner in which we determine is disparaging, obscene, unlawful or in poor taste, or diminishes or damages the trademark. By using any of the trademarks, you acknowledge that Overstock retains all rights, title and goodwill in the trademarks. All trademarks not owned by Overstock that appear on the Community are the property of their respective owners.

Other Intellectual Property of Overstock

Overstock owns the intellectual property rights to some of the content on the Community. This includes copyrighted material designated as our copyrighted material. Our copyrighted material is not part of the Community Content hosted by the Community and is not available under a Creative Commons license. Overstock-originated content included on the Community, such as text, graphics, logos, data compilations, software and the compilation of all content on the Community, is the sole property of Overstock and its licensors and protected by United States and international copyright laws. Except as set out in these Terms, no reproduction of any Overstock-originated content is permitted without written permission from Overstock.

Intellectual Property Infringement

Overstock respects the intellectual property rights and other proprietary rights of others. Overstock may, at its discretion, remove certain content or disable access to content that appears to infringe the copyright or other intellectual property rights of others. Overstock is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Community Content posted on or transmitted through the Community, or items advertised on the Community. If you believe that your rights under United States or international copyright laws are being violated by any content posted on or transmitted through the Community, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending content. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Community. In order for us to investigate your claim of infringement, you must provide us with the following information:

An electronic or physical signature by you affirming that you are the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; A description of the copyrighted work or other intellectual property that you believe has been infringed, including any copyright, trademark, or patent registration information; A description of where the material that you claim is infringing is located or identified on the Community; Your name, 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 or intellectual property owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property. The Overstock Copyright Agent can be reached as follows:

By email: Community Contact Form
By mail: Overstock Copyright Agent
c/o Community
6350 South 3000 East
Salt Lake City, UT 84121

Digital Millennium Copyright Act

Overstock will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (for more information on the Digital Millennium Copyright Act, please click here: http://www.copyright.gov /reports/studies/dmca/dmca _study.html) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If Overstock removes or disables access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner or person authorized to act on behalf of the owner of the affected material so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. Overstock will document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public. The User who made available the material which is claimed to have infringed another's copyright may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. To file a counter notification with Overstock, the User ("Counterclaimant") must provide a written communication (by regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you could be liable for damages (including costs and attorneys' fees) if you materially misrepresent that your material is not infringing the copyrights of others. To be effective, a Counter Notification must include the following: identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; a statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; the User's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located (or Salt Lake City, Utah if the Subscriber's address is outside of the United States), and that the Subscriber will accept service of process from the person who provided notification or an agent of such person; and the Subscriber's written signature. Upon our receipt of a Counter Notification containing the information as outlined above: Overstock shall promptly provide the person who filed the Infringement Notification ("Complaining Party") with a copy of the Counter Notification; Overstock shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days; and Overstock shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Overstock or the designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Counterclaimant from engaging in infringing activity relating to the material on the Community.

No Guarantees

The Community is an online community-supported reference source, that is, a voluntary association of individuals and groups who are developing a common resource of knowledge and learning. Its structure allows anyone with an Internet connection to participate in and contribute to the content found on the Community. Therefore, be advised that nothing found on the Community has necessarily been reviewed by professionals with the expertise necessary verify complete, accurate or reliable information. Overstock cannot guarantee, in any way whatsoever, the validity of the information found on the Community. None of the Contributors, administrators, or anyone else connected with Overstock is responsible for the appearance of any inaccurate or libelous information or for your use of the information contained in or linked to or from the Community. Overstock is not peer reviewed; while readers may correct errors or remove erroneous suggestions they have no legal duty to do so; therefore all information read here is without any implied warranty of fitness for any purpose or use whatsoever.

You are being granted a Creative Commons Attribution-ShareAlike License 3.0 to copy Community Content; it does not create or imply any contractual or extracontractual liability on the part of Overstock or any of its agents, Users or Visitors. Overstock is not responsible should someone change, edit, modify or remove any Contribution(s) that you may make.

Warranty Disclaimer and Limitation of Liability

OVERSTOCK PROVIDES THE COMMUNITY AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY. OVERSTOCK SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INOPERABILITY AND QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

You understand and agree that your Use of the Community and Services is at your own discretion and risk and that you will be solely responsible for any damages that arise from such Use. UNDER NO CIRCUMSTANCES SHALL OVERSTOCK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE COMMUNITY OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE COMMUNITY AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT OVERSTOCK HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH OVERSTOCK SHALL BE TO TERMINATE YOUR USE OF THE COMMUNITY. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. Although we take steps to ensure the accuracy and completeness of content that is posted on the Community, please refer to the author of the Contribution for details

Use by Children

We require that Use of the Community be (i) by individuals 18 years of age or older, or (ii) by minors with the permission of their parent or guardian to Use the Community. EACH TIME YOU USE THE COMMUNITY, YOU ARE REPRESENTING TO OVERSTOCK, ALL OTHER USERS AND VISITORS THAT YOU ARE EITHER AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, OR THAT YOU HAVE THE EXPRESS PERMISSION OF A PARENT OR GUARDIAN TO REGISTER TO USE THE COMMUNITY.

Applicable Law

The Community is controlled by Overstock from its offices within the State of Utah, USA. By Using the Community, you agree that the laws of the State of Utah, and applicable federal law, without regard to any conflict of law provisions, will govern these Terms and any dispute of any sort that might arise between you and Overstock or its affiliates and subsidiaries. Those who choose to access the Community from outside the United States do so at their own initiative and are responsible for compliance with local laws. You agree to the submission of any dispute exclusively to the state and/or federal courts located in Salt Lake County, Utah.

Release

If you are involved in a dispute with one or more Users or Visitors of the Community, you release Overstock (including its officers, agents, affiliates, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind arising out of or in any way connected to any dispute.

Transfer

You may not assign, sub-license, subcontract, transfer or otherwise dispose of any rights or obligations under these Terms. Overstock may at any time assign, sub-license, subcontract, transfer or otherwise dispose of any of its rights or obligations under this Agreement.

Modification

Overstock may modify these Terms and its Privacy Policy at any time, and your continued access to, viewing of, browsing, contributing to, or downloading from the Community constitutes your agreement to be bound by any an all modifications.

Severability

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Indemnification

You hereby agree to indemnify, defend and hold Overstock and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "Overstock Parties") harmless from and against any and all liability, losses, costs, expenses and damages (including attorneys' fees) incurred by any of the Overstock Parties in connection with any claim, including, but not limited to, claims related in any way to your Use of the Community; claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of or related to your Use of the Community; any use or alleged use of your account or password by any person, whether or not authorized by you; your violation of the Terms and Conditions; and your violation of any law or the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You will not settle or resolve any such claim in a manner that imposes any liability or obligation on Overstock or affects Overstock's rights in connection therewith without the advance written approval of Overstock.

Miscellaneous

Overstock and you are independent entities, and nothing in these Terms, or via your Use of the Community will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Overstock and you. These Terms, the Terms and Conditions for Overstock.com, our Privacy Policy, and, where applicable, the Creative Commons Attribution-ShareAlike License 3.0 supersede any previous agreement and represent the entire agreement between Overstock and you.

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