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April 23rd, 2014, 11:15 PM
NightPrivy Buyers Terms and Conditions
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any credit card useror other content. NightPrivy.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant NightPrivy.com and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant NightPrivy.com and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify NightPrivy.com or its associates for all claims resulting from content you supply. NightPrivy.com has the right but not the obligation to monitor and edit or remove any activity or content. NightPrivy.com takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from NightPrivy.com are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier. In other words, the risk of loss transfers to you as soon as we make electronic transfer of your information to our Seller members (immediately). All sales made on this site are final with no refunds or exchanges.
NightPrivy.com and its associates attempt to be as accurate as possible. However, NightPrivy.com does not warrant that product descriptions as given to us by our Seller members is accurate, complete, reliable, current, or error-free. If a product or service offered by NightPrivy.com itself is not as described, your sole remedy is to notify us immediately and we will notify the Seller member if the product has not been used.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY NIGHTPRIVY.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. NIGHTPRIVY.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NIGHTPRIVY.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NIGHTPRIVY.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM NIGHTPRIVY.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NIGHTPRIVY.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. 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.
By visiting NightPrivy.com, you agree that the laws of the state of the District of Columbia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and NightPrivy.com or its associates.
Any dispute relating in any way to your visit to NightPrivy.com or to products you purchase through NightPrivy.com shall be submitted to confidential arbitration in the District of, except that, to the extent you have in any manner violated or threatened to violate NightPrivy.com’s intellectual property rights, NightPrivy.com may seek injunctive or other appropriate relief in any state or federal court in the District of Columbia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. In the event that an arbitrator’s ruling is required, the losing party shall bear all costs for the prevailing party.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, 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 favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining 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. If you are over 21 years of age, you may use our website. This website does not permit persons under the age of 21 to register. NightPrivy.com and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. You can see, review and change most of your personal information by signing on to NightPrivy.com. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our NightPrivy.com User Agreement, and take other actions otherwise permitted by law.
While using NightPrivy.com services and tools, you will not:
· post content or items in an inappropriate category or areas on our sites and services;
· violate any laws, third party rights or our policies, such as any prohibited and restricted items policies;
· use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 21, or are temporarily or indefinitely suspended from using our site, services or tools;
· fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
· fail to deliver items purchased from you, unless the buyer fails to meet the posted terms;
· manipulate the price of any item or interfere with other users' listings;
· circumvent or manipulate our fee structure, the billing process, or fees owed to NightPrivy.com;
· post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
· take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to NightPrivy.com);
· transfer your NightPrivy.com account (including feedback) and User ID to another party without our consent;
· distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
· distribute viruses or any other technologies that may harm NightPrivy.com, or the interests or property of NightPrivy.com users;
· export or re-export any NightPrivy.com tools except in compliance with the export control laws of any relevant jurisdictions;
· copy, modify or distribute rights or content from the NightPrivy.com sites, service or tools or NightPrivy.com's copyrights and trademarks; or
· harvest or otherwise collect information about users, including email addresses, without their consent.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-NightPrivy.com transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue NightPrivy.com sites, services or tools.
Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
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