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Dresses for Sale |
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Skates for Sale |
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Competition
Music |
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This document comprises our User Agreement, hereinafter referred to as the “Agreement”, and constitutes a legally binding Agreement between you, the visitor or member to/of the GracesSkateCloset.com website, and any sub-domains that may exist relevant to this Site now or in the future, which we will herein refer to collectively as “Grace’s Skate Closet”, and/or “this Site,” “we/us” and the owner(s) and operator(s) of this Site.
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As a condition precedent to you being able to use any of the tools, functions and services provided to you by this Site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of this Site, or use any tools, functions or services that this Site offers, register as a member, or view any text or graphics, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once.
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All content provided within or via this Site is protected by various US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The content of this Site may not be “framed” or “mirrored”. All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way.
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All content, tools, functions and services provided via this Site are provided on an “as is” basis and this Site disclaims any and all warranties, express or implied, including those warranties of merchantability, fitness for a particular purpose, title and non-infringement. Such disclaimers may be limited by the laws of your state, and if so limited, may not apply to you. No warranties of validity regarding any of the content provided herein this Site are made and the operators of this Site have not independently verified the validity of any of the content presented herein this Site. It is your duty to independently engage in due diligence to verify any and all claims presented within this Site.
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We reserve the right to terminate any and all service provided to you at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. No refunds will be granted to you if we terminate your account. You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.
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You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful offensive content and files. We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.
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You must be at least 18 years old to be a full member to this Site. A full member is a person who can legally enter into a binding contract. Users under the age of 18 must have their parent’s or guardian’s permission to sale or buy via our Site and use the Site under the direct supervision of their parent or guardian. All users of the Site have the sole responsibility to determine whether the buyer or seller that they are contracting with via out Site is in fact of legal age to enter into a binding sales agreement.
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You may not use this Site or become a member if such usage or membership would violate any law of your jurisdiction.
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All agreements to purchase or sale any item constitutes a binding contract. Failure to appropriately follow through on any such contract will result in your termination from this Site as well as potential legal action filed by the offended party.
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All Sellers must provide proper identification information upon the request of this Site or any purchaser, including the seller’s name, physical address and telephone number. Any fraud on the part of any party may be reported directly by us to the Internet Crime Complaint Center, which is a partnership between the Federal Bureau of Investigations, better known as the FBI, and the National White Collar Crime Center. The Internet Crime Complaint Center investigates online fraud and criminal activities and we will cooperate with any investigations involving the Internet Crime Complaint Center.
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All membership information that you provide us must be true, correct and complete.
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You may not:
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Engage in any conduct that is harmful to this Site.
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Violate the civil rights of any third party or entity.
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Violate any law of any nature.
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Violate or disobey any of our posted rules, policies and guidelines. Any such posted rules and guidelines, “How Our Site Works” and other “FAQs” or documents that explain the nature of our Site and how it operates, are hereby incorporated by reference as if fully set forth herein. We may modify any posted rules and guidelines at any time without prior notice to you. We may modify this agreement at anytime without any notice to you. Any usage of a tool or service provided by this Site subsequent to any modification of this Agreement is your express agreement that you will be bound by the terms and conditions of the modified Agreement.
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Publish or post content in incorrect categories or areas on our Site that are available for posting by members.
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Assume the identity of any other member or third party on our Site.
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Post any items that are restricted by any of our published policies.
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Game, cheat or manipulate the price of any item(s).
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Sell stolen material.
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Sell material that violates a trademark.
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Sell counterfeit material.
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Sell material that violates any law in any jurisdiction.
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Post or distribute any material (text, graphics, video, audio, items for sale) that are defamatory in nature, violates the privacy or another, reveals confidential information, is false, inaccurate, misleading or designed interfere in any way with the normal commercial operation of this Site.
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Cheat us from any fee that you or any third party owes us
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Cause any harm of any nature to this Site, our users and members, or our commercial activities.
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Cheat, game or manipulate our rating system or our feedback system, including transferring feedback or ratings from a third party site to ours.
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Transfer your membership to our Site to a third party, or transfer any aspect of your membership, such as ratings or feedback, to any third party.
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Distribute files that contain harmful elements such as viruses, or post or distribute chain letters, “Get Rich Quick Schemes,” pyramid schemes or any other material of any nature that we find to be objectionable for any reason we deem appropriate.
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Post or distribute spam or violate any spam or email laws of any jurisdiction.
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Violate any copyright, trademark or intellectual property right of any nature belonging to this Site or any third party, should your violation such rights be committed through your membership to this Site or the usage of any tool or service that this Site provides to members or visitors.
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Collect, harvest or obtain, in bulk or otherwise, any data or information relating to any of our members or users, including email addresses.
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Communicate directly, or allow a third party to communicate, with our members or users regarding business that does not directly involve the commercial activities of this Site, unless you have been given prior permission for such content by the receiving party.
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You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.
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We reserve the right to cancel any membership at any time for any reason we deem fit.
Violations of the law will result in referrals to the appropriate government enforcement agencies were we believe a crime has been committed.
Members are encouraged to report violations of the law, this Agreement, and our policies directly to us. While we cannot promise we will investigate each and every complaint, we do wish to put our membership at notice that any particular event that is reported may result in not only an investigation or referral to a third party enforcement agency, but the loss of membership by the offending party and possible civil action.
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We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites.
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You must pay, in a timely manner, each fee that we impose for any service or tool that we charge a fee for. Generally speaking, members may join this Site at no charge and may also make an offer on a listed item at no charge. We reserve the right to change our fee structure at any time but we will either send you an email in advance to let you know about any fee changes or post the information on our website or both, at our discretion. Fee changes shall be posted or emailed to you with at least 14 days notice. Various minor changes in fee structures, as determined by us, will be posted for promotional reasons with no advance notice to you.
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All fees are payable only in US dollars. Any fees that you have not paid may be collected by any lawful manner, including cross collateralization, collection agencies, or litigation. We are authorized by you to submit a charge to your credit card(s) for any fee past due 21 days and you agree that you will not challenge such a charge by way of charge back or any similar method or otherwise interfere with our securing the payment from your credit card(s).
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All submissions (but not personal information) become the property of this Site. All submissions are non-confidential in nature. Submissions include “letters to the editor” and “general ideas for improvement” types of information or emails that you send us. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action.
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This Site is a location where members can post and offer to sell items to other buyers. We are not responsible for the actual transactions, which are separate contracts between the buyer and the seller regarding each item sold. As such, we leave it to the buyer and the seller to resolve any legal issues that might arise between themselves, other than reporting, when we deem it appropriate to do so, suspected criminal activity to the appropriate governmental agencies and terminate a membership when we feel that it is appropriate to do so.
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All buyers agree to HOLD this site HARMLESS regarding any claim of any nature regarding an item that has been purchased from a Site member. We are not responsible for the quality, products liability, warranty, description, accuracy, fraud, misleading remarks, or any other issue regarding an item purchased from a member of this Site. We are not responsible for the purchase of stolen material, or material that is banned or illegal for any reason in any jurisdiction, should such be purchased from a member of this Site.
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All members, regardless of whether they access this Site from outside the State of California, shall agree to be bound by the provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.
To the extent legally permitted, we exclude all implied warranties, terms and conditions.
We are not responsible for any act of any third party that interferes with the ability for this Site to operate. We do not promise that this Site will be available for any particular percentage of time and we reserve the right to suspend or terminate the availability of this Site at any time with no prior notice to you.
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Further, you agree to hold this Site and the owners and operators thereof harmless and to indemnify these parties from any such civil claims.
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We are not responsible for any damages arising from your use of this Site, or any tools, functions or services that this Site provides to you, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature. You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool or service that we provide to you. You agree that you will never sue or cause this Site to be sued for any reason or any legal theory whatsoever. Should you file any lawsuit against us, you agree that damages will be limited to that precise amount of money that you have paid us for services rendered to you or One Hundred Dollars, whichever is lesser. If you are a California resident, you waive California Civil Code §1542, which indicates: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
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We have posted a Privacy Policy regarding this Site, which may be located by following the appropriate link from our homepage. You agree to be bound by the terms and conditions of this Privacy Policy and the Privacy Policy itself is incorporated by reference into this Agreement as if fully set forth herein.
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This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the State of California excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Orange, California before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section. Disputes of $1000 or less may be resolved outside of arbitration via the Small Claims Division of the Superior Court of Orange County, California.
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We make no representation that the usage of this Site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this Site from outside the United States of America (USA). Unless otherwise stated, the contents of this site are published for the use and enjoyment of residents of the USA.
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This Site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.
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We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this Site or elsewhere. Any usage of this Site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.
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We may post user guidelines or rules on our site. If we do publish such materials, they are hereby incorporated into this Agreement as if fully set forth herein.
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Notices to you may be issued via electronic mail or by surface mail, at our sole selection. You must keep us constantly apprised of your actual, valid email address.
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No agency, partnership, joint venture, investor, independent contractor, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. This Site merely acts to publish items listed for sale at the request of sellers for the purchase by potential purchasers much in the same way that any classified advertising is published in your local newspaper.
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You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be “willful” in nature.
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All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.
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