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Home » Terms & Condition

Terms and Conditions

 

An Agreement with Infludigital Corporation.
(V1.01 - Effective June 9th 2018)


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS WEBSITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY. THIS IS A BINDING AGREEMENT.

 

I.         You are Entering Into An Agreement:

II.        We Not A Party To Transactions Among Users;

           Third Party Content, Links and Services;

            Partial List of Risks;

            No Advice:

III.       Disclaimers of Liability; No Representations or Warranties:

IV.       Terms of Sale; Shipping; Loss; Returns:

                               A.    Contract for Purchase of Goods:

                          B.    Eligibility:

                          C.    Pricing and Availability:

                          D.    Payment:

                          E.    Shipping and Risk of Loss:

                          F.     Product Descriptions:

                          G.    Colors:

                          H.     Return of Products:

                          I.      International Use:

V.        Termination of Subscriptions and Accounts:

VI.       Your Conduct Requirements; Your Grant of License:

VII.      Copyrights; Trademark; Ownership of the Website:

VIII.     Indemnification:

IX.       Company Use of User Name and Logo for Marketing

X.        Digital Millennium Copyright Act;

            Procedure For Making Claims Of Copyright Infringement:

XI.       Misc.; “Feedback to the Company; Binding Arbitration; Disputes:

 

 

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 I.         You are Entering Into An Agreement:

 

The “Website” refers to all of the websites at www.influmonster.com, and any of its subdomains, or a successor website as indicated by Company. “Company”, “we”, or “us” refers to Infludigital Corporation, the owner and operator of this Website, or any successor to ownership of the Website.

 

“You”, “you” or “yours” refers to any user of the Website, including but not limited to all Sellers or Buyers.  “Buyers” are entities that use the Website to purchase good and/or services, or have accounts that are for such purposes. “Sellers” are entities, other than the Company and its affiliates, that market or sell good and/or services through the Website, or have accounts that are for such purposes. “Users” are any users of the Website (excluding the Company and its affiliates however), including but not limited to Sellers and Buyers. “Services” are the services provided through the Website.

 

By:

i)     visiting and using this Website;

ii)    subscribing to, accepting, or creating a membership, account or profile on the Website or with the Company;

iii)   selling and purchasing any products, services or property on or through this Website;

iv)    utilizing any of the products, services, or other items or property from the Company or third parties through this Website, or

v)    otherwise indicating that you are agreeing to these Terms and Conditions,

 

you have agreed to and are deemed to have agreed to these Terms and Conditions (alternately the “Agreement”). We reserve the right to modify them at any time. You should check these Terms and Conditions periodically for changes. In case of any material change to these Terms and Conditions, we will replace the "Terms and Conditions" link on the home page of our sites with a link entitled "Updated Terms and Conditions" for no less than 30 days. By using this Website after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. For products and services purchased or utilized from Company or third parties through this Website, the version of these Terms and Conditions that were posted at the time of purchase or utilization apply (including but not limited to any specific terms related to amending these Terms and Conditions). Company’s Privacy Policy   is incorporated into this Agreement and shall be considered part of these Terms and Conditions.

 

Any attempt by you to supplement or modify this Agreement will be considered an attempted material alteration of this Agreement and such attempted material alteration is therefore null and void. 

 

II.     We Are Not A Party To Transactions among Users;

Third Party Content, Links and Services;

Partial List Risks;

No Advice:

 

A.    Company Not a Party to Transactions between Users.

 

This Website is an information exchange website, and also provides functionality that allows Sellers and Buyers to transact business. In some cases Users may use it to communicate with others and to post material and information they wish others to search, review, find, or otherwise use.  In such cases, the Company does not provide this material or information, does not review it for accuracy, and makes no representations or warranties regarding it. While Users of the Website may use it to facilitate transactions, including but not limited to the sale and purchase of apparel and related items, this Website and the Company are not parties to such transactions.   

 

B.    Third Parties

The Website may contain links to websites maintained by third parties ("Third Party Websites"), including service providers. Such links to Third Party Websites are provided for your convenience and reference only. Company does not operate or control and is not responsible for, any content, software, products or services available on Third Party Websites. Company's inclusion of links to Third Party Websites does not imply endorsement, warranty, guarantee or recommendation of them, or of the content, property, products or services of the sponsoring organization thereof.

i)           Company is a data aggregator of content supplied by third parties and Users and assumes no obligation to exercise editorial control over the opinions, advice, statements, services, offers or other content provided by third parties, including by Users. Nevertheless, Company reserves the right to screen, review, edit or remove content if it does not comply with laws, rules, regulations, or these Terms and Conditions, or for any other reason Company deems relevant in its sole discretion.

ii)          Descriptions of property, products or services for sale by other Users or third parties, and other information appearing on the Website or on Third Party Websites have not been verified by Company, and are not intended to be and are not binding on Company.  All prices and terms are subject to change without notice.

iii)         You acknowledge and agree that your purchase and/or use of any property, product or service in connection with the Website from a User shall be subject to the terms of a separate agreement between you and the applicable User and that Company has no liability to you in relation to your dealings with, or the acts or omissions of, that party.

iv)          Company may receive payment from third parties for its property, products, services and referrals on and through the Website. You are hereby agreeing to such compensation arrangements.

C.    Partial List of Risks

Since we are not a party to your transactions with Users on the Website, we have no fiduciary, agency or other due diligence or disclosure obligation to or for you. However, you should consider that, among other things, property, products and/or services listed on the Website; 

 

i)             may not have been subject to due diligence;

ii)            may not have insurance;

iii)           may be subject to liens, UCC-1 filings, secured interests, or the like;

iv)           may not match the indicated specifications;

v)            may have latent defects;

vi)           may have been produced, handled, or shipped in contravention to applicable law;

vii)          may not sell or be otherwise exploitable by you;

viii)         might be sold by a third party that have financial distress or other legal problems; and/or

ix)           may be subject to third party rights.

 

D.    No Advice

 

The information available to you on or through this Website is not a substitute for the services of trained professionals in any pertinent field. In particular, you should regularly consult a qualified attorney and/or other expert in all matters relating to import, export, licensing and manufacturing of the property, products or services you order, including but not limited to laws and requirements related to taxes, pricing (including but not limited to price fixing and other anti-trust matters) and intellectual property. We make no representations or warranties to any person concerning any information, product, service or property provided on or through this Website).  


III.       Disclaimers of Liability; No Representations or Warranties:

With regard to material from Users, Company does not make any representation, warranty or guarantee regarding the accuracy of content posted or transmitted via the Website, the products, property and services listed by Users on or through the Website, or data loss (including but limited to whether such may occur or not). Company advises you independently to verify all such information and offerings. Company does not represent any Buyer or Seller of, property, products and/or services on the Website, and disclaims any and all liability for the sale or attempted sale of property, products and services by Users on and through the Website. Company makes no guarantee, whether express or implied, that you will find property, products or services that meet your specifications. In addition, Company may make changes and improvements to the Website at any time. Company makes no representation or warranty as to the quality or qualification of any property, products or services of Sellers, Buyers, or any User appearing on or through the Website, and is not responsible or liable for any acts or omissions committed such third parties.

You further acknowledge and agree that:

 

i)            Company won’t pre-screen content provided by any User and, as such, Company does not guarantee the accuracy, integrity, or quality of such content;

ii)           you will evaluate, and bear all risks associated with, the use by you or third parties of any content on the Website, including any reliance on the accuracy, completeness, or usefulness of such User provided content;

iii)          you may be exposed to content that is indecent, offensive, or otherwise objectionable and that Company shall not be liable for such; and

iv)          Company will not be liable in any way for any user provided content, including, but not limited to, any errors or omissions in any content you provided, or for any loss or damages or any kind incurred as a result of the use of any User provided content by you or any third part.

WHEN THE COMPANY IS SELLING ITS PRODUCTS OR SERVICES ON THE WEBSITE, SUCH ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND COMPANY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATEVER RELATING TO THE WEBSITE, ITS CONTENT, AND THE PROPERTY, PRODUCTS, SERVICES AND PROPERTY OF COMPANY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

WHEN A USER IS SELLING ITS PRODUCTS OR SERVICES ON THE WEBSITE, THE WEBSITE, ITS CONTENT, THE PROPERTY, PRODUCTS AND SERVICES OF THE COMPANY AND OTHERS, INCLUDING BUT NOT LIMITED TO THAT LISTED ON THE WEBSITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND FURTHER COMPANY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATEVER RELATING TO THE WEBSITE, ITS CONTENT,  AND THE PROPERTY, PRODUCTS, SERVICES AND PROPERTY OF USERS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

COMPANY MAKES NO GUARANTEE THAT THE CONTENT OF THE WEBSITE IS UP-TO-DATE, ACCURATE OR COMPLETE, AND YOU SHOULD NOT RELY ON OR ASSUME ITS ACCURACY FOR ANY DECISION OR TO TAKE ANY ACTION.

COMPANY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT LOSS OF YOUR DATA WILL NOT OCCUR.   COMPANY HEREBY DISCLAIMS ANY WARRANTY THAT THE WEBSITE, ITS CONTENT,  THE PROPERTY, PRODUCTS AND SERVICES OF COMPANY, OR THE PRODUCTS, SERVICES AND PROPERTY OF OTHERS WILL BE FREE OF INTERRUPTION OR DEFECTS, OR THAT THE WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. 

BY YOUR USE OF THE WEBSITE, ITS CONTENT, OR THE PROPERTY, PRODUCTS OR SERVICES OF COMPANY, YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF SUCH IS AT YOUR OWN RISK. NEITHER COMPANY NOR ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, ATTORNEYS OR OTHER REPREENTATIVES OR ASSOCIATES ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE, ITS CONTENT OR THE USE OF THE PROPERTY, PRODUCTS OR SERVICES OF COMPANY, OR WITH DELAY OR INABILITY TO USE THE WEBSITE (INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA), WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY AND REGARDLESS OF WHETHER OR NOT YOU KNOW, SUSPECT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

If you are a California resident or otherwise have a presence in California, you waive California Civil Code § 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if not known to him or her must have materially affected his or her settlement with the debtor."

TO THE EXTENT THAT ANY LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS UNENFORCEABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR OTHER REPRESENTATIVES  BE LIABLE FOR: (A) THE GREATER OF LOSSES OR DAMAGES IN EXCESS OF THE AMOUNT OF SUBSCRIPTION OR OTHER FEES ACTUALLY PAID BY YOU WITHIN THE TWELVE MONTHS PRIOR TO THE CLAIM OR THE MINIMUM AMOUNT REQUIRED UNDER APPLICABLE LAW; OR (B) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES.

IV.   Terms of Sale; Shipping; Loss; Returns:

By placing an order through the Website you are a Buyer and are offering to purchase a product on and subject to these Terms and Conditions. All orders are subject to availability and confirmation by the seller of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

All customs and duty fees are your responsibility to pay. Shipping costs are non-refundable, which includes returns, package rejection upon arrival and/or failure to pay duty fees.

A.   Contract for Purchase of Goods:

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A purchase agreement between us will not be formed and there shall be no obligations to you until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the purchase agreement formed hereunder. We retain the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be the Company or may in some cases be a third party such as a Seller. Where the purchase agreement is made with a third party, the Company is not acting as either agent or principal and the agreement is made between yourself and that Seller, and will be subject to the terms of sale which they supply you. When placing an order you undertake the responsibility that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

B.    Eligibility:

You must be at least 18 years old to use this Website, or to be a Buyer or Seller. By agreeing to these terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Website; (c) you are an authorized user of the credit or debit card used to pay for your order, and (d) your registration and your use of the Website is in compliance with all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these terms on your behalf represents and warrants that they have the authority to bind you to these terms and you agree to be bound by these terms.

C.    Pricing and Availability:

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will make reasonable efforts to inform you in a timely manner of this to give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition, provided such additional charges are clearly displayed where applicable and included in the 'Total Cost'. The Company reserves the right to cancel orders in the event selling prices would violate applicable law.

D.    Payment:

The Company uses Stripe, Inc. (“Stripe”) to process payments made via the Services. Stripe handles any information you provide to them in accordance with their respective privacy policies which can be found at: https://stripe.com/us/privacy. By using the Services, you consent to us providing relevant information to Stripe in order to provide the Services to you (as further described in our Privacy Policy) and acknowledge that you have read and agree to the terms of Stripe’s privacy policies. We also accept payments via PayPal. If you elect to use one of these payments providers, your use of those services and the information you provide to them is governed by their respective terms and privacy policies. Before you make a purchase via this Website, you will have an opportunity to review and accept the fees that you will be charged. All fees are in US dollars and are non-refundable, except as otherwise provided herein. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. You authorize us (via Stripe, or PayPal, as applicable) to charge all sums you authorize at the time of purchase, to the payment method you designate. Upon receiving your order, you are approving us to carry out an authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email. If you, as a Buyer of goods, fail to make payment in accordance with these Terms and Conditions or any collateral agreement, or fail to comply with any provisions hereof, Company may, at its option (and in addition to other remedies), cancel any unshipped portion of your order.

E.    Shipping and Risk of Loss:

Unless otherwise provided, the Company shall use its judgment in determining carriers and routing. In either case, the Company shall not be liable for any delays or excessive transportation charges resulting from the Company’s selection. You are responsible for payment of all shipping charges, both for initial purchase of any merchandise, as well as shipping charges for returns.

All risk of loss and title for any purchases you make through the Website pass to you upon the delivery to the carrier of the items you purchased.

Any claim you have of damage, to products you have brought through the Website, during shipping or delivery should be made directly to the carrier. Any claims by you against the Company or any Seller for shortage or damage occurring prior to such delivery to carrier must be made within ten (10) days after receipt of the goods and accompanied by original transportation bill signed by carrier noting that carrier received the goods from the Company or a Seller in the condition claimed.   

F.    Product Descriptions:

The Company attempts to be as accurate as possible when describing its merchandise. However, we do not warrant that product descriptions or other content of the Services is accurate, complete, reliable, current, or error-free. If any merchandise offered by the Company or any Seller is not as described, your sole remedy is to return it in unused condition in accordance with our return policy.

G.    Colors:

We have made every effort to display, as accurately as possible, the colors of our products that appear at the Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

H.    Return of Products:

 We do not take title to returned items until the item arrives at our fulfillment center. 

Provided you received an item in the United States (for 48 contiguous states), for unused, unworn, unwashed items that are shipped back to us in the condition in which they were delivered, with proof of purchase, we accept returns within 30 days from the ship date. You will be responsible for the return shipping cost. In addition, any shipping charge paid by you is non-refundable unless you received damaged, defective, or the wrong item(s). Returns must be post marked within 30 days from the ship date for a full refund. We do not accept such returns when items were shipped by us to you with an address other than in the United States.

Provided you received an item in Alaska and Hawaii, you will have to contact us within 45 days from the ship date so that we can assist you with the return process.

For goods you received that were damaged, defective or faulty prior to your receipt (regardless of whether you received such good from us in the United States or otherwise), contact us within 10 days of receiving your order and include your order number; name on the order; the email that you used when purchased the good; the incorrect item’s name and product number; a photograph demonstrating the quality of the print or the damaged area of the item; a description of the fault. We will be assisting you with the return process. 

A special return policy may apply in some cases, which will be indicated to you prior to your purchase of the item the special policy applies to.  In such case, that special policy will supersede the return policies set forth above in this Section IV. H.

If the merchandise is not returned in the condition it was sent to you, we reserve the right not to refund you for that purchase. Clearance merchandise, gift certificates, personalized items, and items marked “non-returnable” or “final sale” (as indicated on the product page before placing your order) are not eligible for return. The following items cannot be returned or exchanged: bodysuits, lingerie & sleepwear, swimwear, jewelry, and accessories. 

I.     International Use:

If you order goods from the Company or a Seller for delivery to a destination outside the US:

a)      Your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. We will not be liable or responsible if you do not pay any such import duties or taxes;

b)      You must comply with all applicable laws and regulations of the country for which the good you purchase are destined. We will not be liable or responsible if you break any such law; and

c)      If you return any goods to us from a destination outside the US, please ensure that the return parcel is marked clearly with the wording “Return to supplier” or wording having similar effect.

 

V.        Termination of Subscriptions and Accounts:

 

Company reserves the right to terminate your use of the Website, for any reason at any time, without notice.  

 

If you are holder of a Website account and wish to deactivate or terminate your account, contact the Company and indicate such by:

i)        e-mailing a termination request to contact@influmonster.com.

 

 VI.       Your Conduct Requirements; Your Grant of License:

 

You agree to comply with:

a)        these Terms and Conditions, and all other rules as may be issued by Company from time to time and communicated to you for the use of this Website;

b)        the requirement that you use and communicate with others through the Website in good faith);

c)        all applicable laws, rules and regulations;

d)        the requirement that you shall not violate the rights of any third party; and

e)        the requirement that any information you submit shall be accurate and not misleading.

 

The contents of this Website are protected by copyright and trademark laws, and are the property of their respective owners. Unless Company says otherwise, you may access the materials located within the Website only for your use and the use of your employer. This means you may only use posted materials for the purpose for which the information or material was made available to you by its owner or the conditions such owner indicates to you as to such information and material, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights in that material.

 

You shall not disassemble, decompile, manipulate or reverse engineer the Website, and shall take all necessary steps to prevent such activity. Under no circumstances shall you sell, license, publish, display, copy, modify, transmit, distribute, or exploit the Website (or the content therein), or otherwise make available the Website (or any products, services or property provided herein) in any form or by any means, including without limitation the transfer to a third party, except as expressly permitted in this Agreement. Only if you obtain prior written consent from Company and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Website. You will take all reasonable steps to protect the security of the Website, and to prevent unauthorized use or disclosure thereof. You are responsible for all access to and use of the Website by means of your equipment or under your user ID and password, whether or not you have knowledge of or authorized such access or use. You shall be responsible for maintaining the confidentiality of all assigned user IDs and passwords, and you shall be responsible for all charges relating to the use of such user IDs and passwords, whether or not authorized by you.

 

If there is a breach of the confidentiality of a password or user account ID assigned to a holder of an account, or any breach of security through such user's account, such user has an obligation to and shall notify Company immediately via the same methods set forth above for the termination of an account. 


You must abide by all additional copyright notices or other restrictions on the Website.

 

You agree not to do any of the following while using the Website, in relation to another user of the website, or to or perpetrate against the Company:

 

i)          harass, stalk or otherwise abuse another user of the Website;

ii)         transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Website), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);

iii)        transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;

iv)        upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party's uninterrupted use and enjoyment of the Website.

v)         impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Website for any reason;

vi)        transmit or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any property, products or services, except in areas specifically designated for such purposes;

vii)       violate any applicable local, state, federal or international law, rule or regulation;

viii)      become involved in any type of attack on the Website or the Services;

ix)        attempt to gain unauthorized access to the Website, the Services or accounts of others;

x)         utilize any type of malicious software such as bots, spiders, viruses or other codes on or in conjunction with the Website or the Services;

xi)        create derivative works of the Website or the proceeds of any of the Services;

xii)       copy, frame or mirror any part of content of the Website without the written consent of Company;

xiii)      access or utilize the Website or Services in order to build a competing product or service;

xiv)      attempt to reverse engineer any component or other aspect of the Website or Services; or

xv)       sell, resell, lease, loan, gift, provide, or the functional equivalent of any of the foregoing, access to or use of the Website or Services to a third party.

 

If you make any post or submission to the Website, then:

 

xvi)      you remain owner of such post or submission to the extent you were the owner;

xvii)     you automatically grant on behalf of yourself or otherwise warrant that the owner of such content has expressly granted Company, for use on the Website and for the provisioning of the Services, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the content in any media, or any form, format, or forum now known or hereafter developed;

xviii)    you acknowledge and agree that you are solely responsible and liable for the content of any images, product detail, product information, messaging, order content, buyer information, questions, data and feedback to submit to the Company or the Website; and

 xix)    you agree and warrant that Company may sublicense or assign its rights through multiple tiers of sublicenses or assigns.

 

Company has the right, but not the obligation, to remove any information provided by you which it has a good faith belief is incorrect, misleading, or in violation of law.

 

You acknowledge and agree that the Company may and will have access to all information placed on the Website and that this access maybe used for maintenance and upgrades to the Website, data collation subject to these Terms and Conditions (including the Privacy Policy as incorporated herein), and for analytics and reporting subject to these Terms and Conditions (including the Privacy Policy as incorporated herein).

 

VII.        Copyrights; Trademark; Ownership of the Website:

All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company or its content suppliers (including the Buyers and Sellers, as applicable) and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of the Company and protected by U.S. and international copyright laws.   

The Company name and other Company logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Company or its affiliates in the U.S. and/or other countries.  Company’ trademarks and trade dress may not be used in connection with any product or service that is not Company’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company. All other trademarks not owned by Company or its affiliates that appear on this Website are the property of their respective owners, who may or may not be connected to or sponsored by Company or its affiliates.  

The Website is and shall remain the sole and exclusive property of Company. You shall have only the limited rights with respect to the Website as expressly granted in this Agreement, and all rights not expressly granted herein are reserved by Company. You acknowledge and agree that only Company shall have the right to alter, maintain, enhance or otherwise modify the Website, or its products or services.  

Company reserves the right to modify or to discontinue the Website and any products or services provided by Company hereunder, with or without notice to you.  Company shall not be liable to you in the event that Company exercises its rights under this Section.

 

VIII.     Indemnification:

YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND AND HOLD THE COMPANY AND THE COMPANY’S PARENTS, AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND CUSTOMERS  (COLLECTIVELY, “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES (COLLECTIVELY, “LOSSES”), INCURRED BY THE COMPANY AND THE INDEMNIFIED PARTIES AS A RESULT OF OR ARISING FROM (A) ANY ACTUAL OR ALLEGED INFRINGEMENT OR VIOLATION OF ANY THIRD PARTY INTELLECTUAL PROPERTY, INTELLECTUAL PROPERTY RIGHTS, OR OTHER RIGHTS BY YOU; (B) THE FAILURE OR ALLEGED FAILURE OR DEFECT OF ANY PRODUCTS, PROPERTY OR SERVICES PROVIDED OR OFFERED BY YOU (INCLUDING BUT NOT LIMITED TO THEIR FAILURE TO COMPLY WITH THEIR SPECIFICATIONS OR WITH ANY EXPRESS OR IMPLIED WARRANTIES); (C) THE VIOLATION OR ALLEGED VIOLATION OF ANY LAW, STATUTE OR GOVERNMENTAL ORDINANCE DUE OR RELATED TO YOU; (D) ANY ACTUAL OR ALLEGED UNFAIR BUSINESS PRACTICES, FALSE ADVERTISING, MISREPRESENTATION OR FRAUD ENGAGED IN BY YOU; (E) ANY ACTUAL OR ALLEGED PERSONAL INJURY OR PROPERTY DAMAGE  ARISING FROM OR RELATING  TO YOUR CONDUCT; (G) ANY ACTUAL OR ALLEGED BREACH BY YOU OF ANY AGREEMENT OR OBLIGATION YOU HAVE WITH ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY OTHER USER OF THE WEBSITE; (H) ANY ACT OR OMMISSION BY YOU WITH REGARD TO ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO THE ACTUAL OR ALLEGED COMMISSION OF ANY TORTS; AND (I) ANY BREACH OR ALLEGED BREACH OF YOUR REPRESENTATIONS OR WARRANTIES OR ANY PROVISION OF THIS AGREEMENT BY YOU.  THIS SECTION WILL NOT BE CONSTRUED TO LIMIT OR EXCLUDE ANY OTHER CLAIMS OR REMEDIES THAT THE COMPANY OR ITS RESPECTIVE AFFILIATES, SUCCESSORS AND ASSIGNS (AND ITS AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS) MAY ASSERT.

 

IX.  Company Use of User Name and Logo for Marketing:

 

For as long as you are a User of the Website, including but not limited to Buyer and Sellers, Company is granted the right to use your name and logos in order to indicate that you are a user of the Website.

 

X.        Digital Millennium Copyright Act; Procedure For Making Claims Of Copyright Infringement:

 

It is the policy of the Company to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyrighted work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in a “DMCA Notice”:

i)          the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;

ii)         a description of the copyrighted work that you claim has been infringed and a description of the infringing activity;

iii)        identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;

iv)        identification of the URL or other specific location on the Website where the material that you claim is infringing is located (you must include enough information to allow us to locate the material);

v)         your name, address, telephone number, and email address;

vi)        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

vii)       a sworn statement by you, made under penalty of perjury, that the above information in your DMCA Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

 

Our agent for DMCA notice of claims of copyright infringement on the Website can be reached as follows:

By email:

Dmcanotice@influmonster.com

Please place "Legal Support, DMCA" in the Subject Header.  

Please note that you may be liable for damages (including attorneys' fees and other costs) if you materially misrepresent a claim that content is infringing upon your copyright.  Therefore, if you are not sure if material available online infringes your copyright (it may be protected under exceptions to the copyright law, like fair use), we suggest that you contact legal counsel before submitting any claim.

Please note that a copy of each legal notice and claim (without your personal information) could be sent to a third-party for publication and annotation. You can see examples of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi.

This contact information is only for reporting copyright infringement.


XI.  Misc.; Feedback to the Company; Binding Arbitration; Disputes:

 

i)           Minimum Age 18 Requirement:  We hereby require all users of the Company's Website or its products and services to be over 18. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 18, you agree not to subscribe to or otherwise purchase or use any of the property, products or services of the Company. If you are purchasing any of the property, products or services of the Company, you represent that you are at least 18 years of age.

 

ii)          Governing Law; Binding Arbitration; Disputes:       You agree that any claim or controversy arising out of or relating to the use of the Website, its content, or the property, products or services of the Company, or to any acts or omissions for which you may contend the Company or its employees, agents, affiliates, officers or directors are liable, including but not limited to any claim or controversy ("Dispute"), shall be finally and exclusively settled by arbitration in Los Angeles, California, and that said arbitration shall be governed by California law. Such arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrator may be entered only in a state or federal court located in Los Angeles, California, and you agree to submit to the jurisdiction of such court for that purpose. You and the Company agree that the arbitrator shall have limited authority to award damages such that the arbitrator shall not have the power to award damages in excess of those permitted under this Agreement and in no event more than actual compensatory damages. The agreement to arbitrate shall not be construed as an agreement or consolidation of arbitration between you and us under this Section with arbitration of disputes or claims of any other party, regardless of the nature of the issues or disputes involved.     

 

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING ARBITRATION IN LOS ANGELES, CALIFORNIA. THUS, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS AND TO SERVE AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY IN CONNECTION WITH A DISPUTE. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU AND COMPANY RETAIN THE RIGHT TO PURSUE INJUNCTIVE RELIEF IN COURT, AND AGREE TO SUBMIT EXCLUSIVELY TO THE JURISDICTION OF THE STATE OR FEDERAL COURTS LOCATED IN LOS ANGELS, CALIFORNIA, FOR THAT PURPOSE.

You also acknowledge and understand that, with respect to any Dispute, in the event the Company incurs attorney fees or expenses in connection with the collection of sums owed to us by you under this Agreement, we shall be entitled to recovery of those fees and expenses from you.

iii)         Severability:     If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.

 

iv)          Waiver:     The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

 

v)           Feedback to the Company:

 

You agreed and acknowledge that all suggestions, comments, ideas, and improvements you offer to the Company regarding the Website or any of the Company’s Services are “works made for hire” for the benefit of the Company and you assign all right, title and interest in such to the Company. You waive all “moral rights” including “droit moral”.

 

vi)          Entire Agreement: This Agreement, alternately referred to as the “Terms and Conditions”, and anything specifically incorporated by reference, is the complete and exclusive agreement between Company and you with regard to the purchase, subscription or use of this Website to which this Agreement is associated. This Agreement supersedes all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between the Company and you relating to the subject property, products and services. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.