VelvetBazaar License Agreement

Introduction

Welcome to VelvetBazaar's website. The following are terms under which VelvetBazaar offers you access to its services. By using the services on the VelvetBazaar.com website you are acknowledging that you have read and understood this user agreement (hereinafter "Agreement") and agree to all of its terms and conditions and that you will comply with VelvetBazaar's rules and regulations. Any reference to VelvetBazaar or VelvetBazaar.com or "us" or "we" refers to the owner of the VelvetBazaar.com website. At any time, VelvetBazaar may modify or otherwise alter these terms and conditions at its sole discretion. These modifications shall become effective once they have posted to the website.

License and Access to Site

VelvetBazaar hereby grants you a limited license to access of this site for personal use. You shall not download (other than page caching) or modify it, or any portion of it, except with express written consent of VelvetBazaar.com. Your use of this license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another person; or any use of data mining or similar data gathering and extraction tools. Except by the express written consent of VelvetBazaar, this site or any portion of this site shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You also agree not to interfere or attempt to interfere with the proper working of this site or any activities conducted herein or to impose, in our sole discretion, an unreasonable or disproportionately heavy load on our internal infrastructure. An unauthorized use or a use beyond the scope of authorized access shall result in the termination of the permission or license granted by VelvetBazaar.com. You may create a hyperlink to the VelvetBazaar.com home page under a limited, revocable, and nonexclusive right you are granted herein on the condition that it does not place VelvetBazaar.com or its affiliates or services in a false, misleading, derogatory, or otherwise offensive manner. By using this site, you confirm that it is your responsibility to maintain the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. VelvetBazaar.com reserves the right, at their sole discretion, to refuse service, remove or modify content, cancel orders, or terminate accounts. If you provide content, you hereby grant VelvetBazaar.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright, publicity, and database rights you have in the content, in any media whether it is now known or developed in the future.

Fees and Services

Purchasing and bidding on listed products on this website is free. There is a charge, however, for using other services, such as listing products. If you use a service that has a fee associated with it you will have the opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Any fee change will become effective fourteen (14) days after the first posting of the change. Promotional events or other temporary changes, such as free listing days or reduced listing fees, are effective immediately upon posting. All fees are in U.S. Dollars, unless otherwise noted. It is your responsibility to pay all fees and applicable taxes associated with your acquisition or service from this site in a timely manner with a valid payment method. In the event, your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (Including, but not limited to, charging other payment methods on file with us, using a collection agency or retaining legal counsel, and for seriously past due accounts, over 180 days past due, deducting the amount owed from your PayPal account balance.)

For Sellers

VelvetBazaar is a marketplace with business owners from all over the world. Buyers have the option to fill their shopping carts with products purchased from multiple stores. In order to make this service convenient to Buyers, they shall pay one lump sum for all of the products purchased, even if the products come from different Sellers. In these cases, VelvetBazaar shall receive the payment from the Buyer and distribute the proceeds to the appropriate Sellers, according to the amount of sale for each Seller. There is no extra charge for this service other than the actual expense that is incurred for transferring money to different accounts. In the event, however, that a Buyer's shopping cart contains products from only one Seller, and the Seller has a Paypal account, a valid email address on file, and has requested direct payment, the proceeds of the sale will be deposited directly into the Seller's Paypal account. Content If you choose to make any postings, including but not limited to, messages, text, files, images, photos, video, sounds, or other materials ("Content") which is posted on, transmitted through, or linked from this website, it shall be the sole responsibility of the person from whom such Content originated. It is the sole and complete responsibility of each individual item ("Item") of Content that you post, email or otherwise make available on this website. VelvetBazaar does not control, and is not responsible for Content made available through its service, and that by using a VelvetBazaar service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. This website may contain links to other websites which are totally independent of VelvetBazaar and VelvetBazaar makes no representation or warranty as to the accuracy, integrity, completeness or authenticity of the information contained in any such site. Linking to any other website is at your own risk. You must evaluate, and bear all risks associated with, the use of any Content. You agree that you may not rely on said Content, and VelvetBazaar shall not be liable in any way or under any circumstances for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available on this website. You hereby acknowledge that VelvetBazaar does not pre-screen or approve any Content, however, VelvetBazaar does retain the right (but is not obligated to) in its sole discretion to refuse, delete or move any Content that is available on its website, for violating this Agreement or for any other reason. By using this website, you will come into contact with many different individuals and organizations (collectively, "third parties") who also use this service. You acknowledge and agree that any interactions with organizations and/or individuals found on or through this website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such transactions, are solely between you and said organizations and/or individuals. VelvetBazaar does not warrant that descriptions of products or any other content contained on this site is accurate, reliable, complete, without error or current. You should conduct whatever investigation you deem necessary or appropriate before proceeding with any online or offline dealing with any third parties. You expressly agree that VelvetBazaar is not be responsible or liable for any loss or damage of any kind for the actions, product or content of third parties or any other loss or damage which may occur as a result of any such dealings.

Conduct

By using VelvetBazaar's website, you expressly agree that you will not:

1. violate any laws, third party rights, or any of our policies such as the Prohibited and Restricted Items policy;
2. use the website if you are not able to form legally binding contracts, are under the age of 18, or have been temporarily or indefinitely suspended from using our services;
3. fail to make payments for items you purchased, unless the Seller has materially changed the item's description after you bid or a clear typographical error is made;
4. fail to deliver items purchased from you, unless Buyer fails to satisfy posted terms;
5. manipulate or in any other way interfere with the price of any item or interfere with other user's listings;
6. circumvent or manipulate VelvetBazaar's fee structure, the billing process, or fees owed to us;
7. post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
8. take any action that may undermine the feedback or ratings systems we have employed;
9. transfer your account (including feedback) to another party without our express written consent;
10. post or distribute spam, chain letters, pyramid schemes or viruses or any other technology that may be harmful to VelvetBazaar or its property or interests;
11. copy, change, or distribute content from this website in violation of any copyrights and trademarks; or
12. harvest or otherwise collect information about users, including email addresses, without their express consent.
13. contact anyone who has asked not to be contacted;
14. "stalk" or otherwise harass anyone;
15. collect personal data about other users for commercial or unlawful purposes;
16. post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately heavy load on our internal infrastructure;
17. post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
18. attempt to gain unauthorized access to VelvetBazaar's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, our website or any of its services;
19. use any form of automated device or computer program that enables the submission of postings on our website without a manual posting for each by the author (an "automated posting device"), including but not limited to the use of any such automated posting device to submit postings in bulk, or automatic submissions of postings at pre-determined or regular intervals.
20. post, email, or otherwise make available Content:
    • that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
    • that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
    • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    • that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
    • that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
    • with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
    • that impersonates any person or entity, including, but not limited to, a VelvetBazaar employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
    • that includes personal or identifying information about another person without that person's explicit consent;
    • that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
    • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
    • that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
    • that constitutes or contains any form of advertising or solicitation if: posted in areas of this website which are not designated for such purposes; or emailed to VelvetBazaar users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
    • that includes links to commercial services or web sites, except as allowed in "services";
    • that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law. A partial list of prohibited items for sale and prohibited services offered is provided at the following web address for your convenience: http://www.velvetbazaar.com/about/prohibited.items.html
    • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
    • that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Without limiting any other remedies, we may, at our sole discretion, limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove or delay posting content, and take either technical and/or legal steps to keep users off this website if we think that they are creating problems, posing potential legal liabilities, or acting in any way inconsistent with the spirit or letter of this Agreement or any of our policies. We also reserve the right to cancel any account that is unconfirmed or has been inactive for a long time. By using this website, you also agree that you are subject to the following terms of use:

1. The content of the pages of this website is subject to change without notice.
2. We do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
3. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
4. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
5. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
6. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website. We have no responsibility for the content of the linked website.
7. You agree to receive communications from us electronically. VelvetBazaar will communicate with you by e-mail or by notices posted on this site. You agree that all agreements, notices, disclosures and other communications are provided to you electronically by VelvetBazaar satisfy any legal requirement that such communications be in writing.

No Spam Policy

It is the express policy of VelvetBazaar and you understand and agree that sending unsolicited email advertisements to VelvetBazaar email addresses or through our computer systems is expressly prohibited. Such action shall use or caused to be used our computer servers which are located in California and any unauthorized use of these systems is a violation of this Agreement as well as federal and state laws, including, but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Violations of these or other laws may subject the sender and/or agents of his or hers to civil and/or criminal penalties.

Limitations on Service

You acknowledge that VelvetBazaar may establish limits concerning the use of its website and/or services including the number of days that content will be retained, the number and size of postings, email messages, or other content that may be transmitted or stored by the service, and the frequency with which you may access the website. You agree that VelvetBazaar has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the website. VelvetBazaar reserves the right at any time to modify or discontinue any of its services with or without notice, and that VelvetBazaar shall not be liable to you or to any third party for any modification, suspension or discontinuance of any service.

Termination of Service

VelvetBazaar may, in its sole discretion, delete or deactivate your account, block your email or IP address, or otherwise terminate access to its services, immediately and without notice for any reason including, but not limited to if VelvetBazaar believes that your conduct is inconsistent with the terms of this Agreement or the Good Faith Document. VelvetBazaar shall not be liable for this termination to you or to any third party.

Indemnity

You agree to indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

Disclaimer of Warranties

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY VELVETBAZAAR.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. VELVETBAZAAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VELVETBAZAAR.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VELVETBAZAAR.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL VELVETBAZAAR BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THIS SITE OR ANY OF ITS SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THIS SITE OR ANY SERVICE, FROM THE INABILITY TO USE THIS SITE OR A SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE VELVETBAZAAR SITE OR ONE OF ITS SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THIS SITE OR A SERVICE THEREON OR ANY LINKS ON THIS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE VELVETBAZAAR SITE OR ITS SERVICES OR ANY LINKS THEREON. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Intellectual Property

This website and its services are protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through them are protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of VelvetBazaar. You further agree not to reproduce, duplicate or copy Content from the Service without our express written consent and agree to abide by any and all copyright notices displayed on this website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in this website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of any service on this website.

Privacy and Information Disclosure

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We only use your information as set forth in our Privacy Policy. We view protection of your privacy as a very important principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. If you object to your information being transferred or used pursuant to our policies please discontinue use of our services.

General Terms

These terms and conditions constitute the entire agreement between you and VelvetBazaar and govern the use of our services, superseding any prior agreements between you and us. This Agreement and our relationship shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles County, California. The failure of VelvetBazaar to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You hereby agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.