and its affiliates provide their
services to you subject to the following conditions. If you visit or shop at
, you accept these conditions. Please read them carefully. In
addition, when you use any current or future
service or visit or purchase from
any business affiliated with
, whether or not included in the
Web site, you also will be subject to the guidelines and conditions
applicable to such service or business.
Please review our Privacy Notice, which also governs your visit to
to understand our practices.
When you visit
or send e-mails to us, you are
communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail or by posting
notices on this site. You agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations, and
software, is the property of
or its content suppliers and protected
by United States and international copyright laws. The compilation of all
content on this site is the exclusive property of
and protected by
U.S. and international copyright laws. All software used on this site is the
or its software suppliers and protected by United States
and international copyright laws.
and other marks indicated on our site are
registered trademarks of
Inc. or its subsidiaries, in the United States and other countries. Other
graphics, logos, page headers, button
icons, scripts, and service names are trademarks or trade dress of
Inc. or its subsidiaries.
's trademarks and trade dress may not be
used in connection with any product or service that is not
's, in any
manner that is likely to cause confusion among customers, or in any manner that
disparages or discredits
. All other trademarks not owned by
or its subsidiaries that appear on this site are the property of
their respective owners, who may or may not be affiliated with, connected to,
or sponsored by
or its subsidiaries.
LICENSE AND SITE ACCESS
a limited license to access and make personal
use of this site and not to download (other than page caching) or modify it, or
any portion of it, except with express written consent of
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 merchant; or any use
of data mining, robots, or similar data gathering and extraction tools. This
site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose
without express written consent of
. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of
our affiliates without express written consent. You may not use any meta tags
or any other "hidden text" utilizing
's name or trademarks without
the express written consent of
. Any unauthorized use terminates the
permission or license granted by
. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home page of
so long as the link does not portray
, its affiliates, or
their products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any
logo or other proprietary
graphic or trademark as part of the link without express written permission.
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.
does sell products for children, but
it sells them to adults, who can purchase with a credit card. If you are under
18, you may use
only with involvement of a parent or guardian.
and its affiliates reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send
e-cards and other communications; 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 a card or other content.
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
and its affiliates 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
and its affiliates 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
or its affiliates for all claims
resulting from content you supply.
has the right but not the
obligation to monitor and edit or remove any activity or content.
takes no responsibility and assumes no liability for any content posted by you
or any third party.
affiliates respect the intellectual property of
others. If you believe that your work has been copied in a way that constitutes
copyright infringement, please contact us here.
RISK OF LOSS
All items purchased from
are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass to you
upon our delivery to the carrier.
and its affiliates attempt to be as accurate as possible.
does not warrant that product descriptions or other content
of this site is accurate, complete, reliable, current, or error-free. If a
product offered by
itself is not as described, your sole remedy is
to return it in unused condition.
Except where noted otherwise, the List Price displayed for products
on our website represents the full retail price listed on the product itself,
suggested by the manufacturer or supplier, or estimated in accordance with
standard industry practice. The List Price is a comparative price estimate and
may or may not represent the prevailing price in every area on any particular
day. For certain items that are offered as a set, the List Price may represent
"open-stock" prices, which means the aggregate of the manufacturer's estimated
or suggested retail price for each of the items included in the set. Where an
item is offered for sale by one of our merchants, the List Price may be
provided by the merchant.
With respect to items sold by
, we cannot confirm the
price of an item until you order; however, we do NOT charge your credit card
until after your order has entered the shipping process. Despite our best
efforts, a small number of the items in our catalog may be mispriced. If we
discover a mispricing, we will do one of the following:
Please note that this policy applies only to products sold and
. Your purchases from third-party sellers using
Payments are charged at the time you place your order, and third-party sellers
may follow different policies in the event of a mispriced item.
- If an item's correct
price is lower than our stated
price, we will charge the lower amount and ship you the item.
- If an item's
correct price is higher than our stated
price, we will, at our discretion, either contact you for instructions before
shipping or cancel your order and notify you of such
Parties other than
and its subsidiaries operate stores,
provide services, or sell product lines on this site. For example, Ofoto.com
offers Photo Services in our Camera and Photo store, and other businesses and
individuals offer products in zShops and Auctions. In addition, we provide
links to the sites of affiliated companies and certain other businesses. We are
not responsible for examining or evaluating, and we do not warrant the
offerings of, any of these businesses or individuals or the content of their
does not assume any responsibility or liability for the
actions, product, and content of all these and any other third parties. You
should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
SITE IS PROVIDED BY
ON AN "AS IS" AND "AS AVAILABLE"
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,
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
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
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.
, you agree that the laws of the state of
Washington, 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
or its affiliates.
Any dispute relating in any way to your visit to
products you purchase through
shall be submitted to confidential
arbitration in Seattle, Washington, except that, to the extent you have in any
manner violated or threatened to violate
's intellectual property
may seek injunctive or other appropriate relief in any state
or federal court in the state of Washington, 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 arbitrator's 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.
MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our
copyright infringement, please contact us privacy notice,
posted on this site. These policies also govern your visit to
reserve the right to make changes to our site, policies, and these Conditions
of Use at any time. If any of these conditions shall be deemed invalid, void,
or for any reason unenforceable, that condition shall be deemed severable and
shall not affect the validity and enforceability of any remaining condition.
Notice and Procedure for
Making Claims of Copyright
- 2322 Willow Pass, Suite 400
Houston, TX 77339
If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide
's copyright agent
the written information specified below. Please note that this procedure is
exclusively for notifying
and its affiliates that your copyrighted
material has been infringed.
- An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim
has been infringed upon;
- A description of where the material that you claim is
infringing is located on the site, including the auction ID number, if
- Your address, telephone number, and e-mail address;
- 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
- A statement by you, made under penalty of perjury,
that the above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
's Copyright Agent for notice of claims of copyright
infringement on its site can be reached as follows:
- 2322 Willow Pass, Suite 400
- Houston, TX 77339
- e-mail: copyright>at<
- Courier address:
- Copyright Agent
- 2322 Willow Pass, Suite 400
- Houston, TX 77339