
Wed Mar 18th, 2009, 11:33 am
Terms & Conditions of this site...
General Terms and Conditions -
You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of the Site.
This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining.
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Copyright.
All site design, text, graphics, interfaces, and the selection and arrangements thereof are © LadySaiyuki, a division of ImagineWorks, LLC. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy of this site for the sole purpose of interacting with LadySaiyuki.com. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or re-publication, without prior permission is strictly prohibited.
Trademarks
All trademarks, service marks, and trade names (collectively "LadySaiyuki") are proprietary to ImagineWorks, LLC or other respective owners that have granted LadySaiyuki the right and license to use such Marks.
Rights To Suspend or Terminate.
You agree that this web-site, in its own discretion, may terminate any use of the service immediately and without notice
(a) If we believe that you are not abiding by the general rules of this web-site.
(b) You have repeatedly broken a certain rule or been warned.
(c) You have been flagged as a suspicious user.
(d) We believe you to be a non paying buyer.
(e) For any or no reason as we see fit.
In most cases when we suspect foul play we will suspend your account immediately whilst we investigate further. When our investigation is concluded then your account with us may be terminated.
Conduct.
You are solely responsible for your actions through this web-site. You must ensure that your participation in the buying of items does not violate any applicable laws or regulations. This includes checking that you are entitled to buy the relevant item and that you are not prohibited from doing so by any law or regulation.
You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation.
We do not control the information provided by other users on the Site. You may find other users to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe browsing when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretenses. By using this Site, you agree to accept such risks and agree that we can not be held responsible for the acts or omissions of users on the Site.
Membership.
Membership to this web-site is only available to those who can form a legally binding contract. If you are under 18 years old, you can use this service only with the supervision of a parent or guardian. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement. If any member fails to signup under these terms, their account will be terminated immediately.
You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User ID to any other person. You shall also not permit, either directly or indirectly, any other person to utilize your User ID or password.
Marketplace General Terms.
This Web-site shall not be responsible for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either a buyer and/or seller. This web-site shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained from a third party.
This web-site assumes no liability for the content of its listings by other members. We do not accept any obligation to protect you from unsafe items listed for sale on our Site. Please do not assume that items listed will be harmless to people or property.
User verification on the Internet is difficult, therefore we cannot and do not confirm the purported identity of users or the validity of the information which users post to the Site.
Liability.
In the event that you have any right, claim or action against any other person, you agree to pursue such right, claim or action independently of and without recourse to us, and you release us (and our parent company, subsidiaries, affiliates, officers, directors, agents, staff and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
We (and our parent company, subsidiaries, affiliates, officers, directors, agents, staff and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
We (including our parent company, subsidiaries, affiliates, officers, directors, agents, staff and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement.
You agree to indemnify and hold us and (as applicable) our parent company, subsidiaries, affiliates, officers, directors, agents, staff and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
Spam.
You may not use any email services that we offer to send spam or otherwise send content that is not directly related to our site.
Laws.
These Terms of Service shall be governed by and constructed in accordance with the laws of the United States of America and the State of Florida. Any disputes will be decided only by the Courts of the United States and the State of Florida.
Please note, that your country (and/or that of any user you deal with) may have laws which apply to your transactions regardless of what you agree with us (now or later).
Amendments.
We may amend this User Agreement at any time by giving you notice ("Notice") by posting the amended User Agreement on the Site. Any amended User Agreement will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of a Notice.
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.
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