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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. All users of this site agree that access to and use of this site
are subject to the following terms and conditions and other applicable law. If
you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of Madifine Mercantile. The
collective work includes works that are licensed to Madifine Mercantile.
Copyright 2010, Madifine Mercantile ALL RIGHTS RESERVED. Permission is granted
to electronically copy and print hard copy portions of this site for the sole
purpose of placing an order with Madifine Mercantile or purchasing Madifine Mercantile
products. You may display and, subject to any expressly stated restrictions or
limitations relating to specific material, download or print portions of the
material from the different areas of the site solely for your own
non-commercial use, or to place an order with Madifine Mercantile or to
purchase Madifine Mercantile products. Any other use, including but not limited
to the reproduction, distribution, display or transmission of the content of
this site is strictly prohibited, unless authorized by Madifine Mercantile. You
further agree not to change or delete any proprietary notices from materials
downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Madifine Mercantile used in
the site are trademarks or registered trademarks of Madifine Mercantile.
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Madifine Mercantile
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. Madifine Mercantile does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. Madifine Mercantile
does not make any warrantees or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
Limitation of Liability
Madifine Mercantile shall not be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if Madifine Mercantile has been
advised of the possibility of such damages. Applicable law may not allow the
limitation of exclusion of liability or incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Madifine Mercantile product is mistakenly listed at an
incorrect price, Madifine Mercantile reserves the right to refuse or cancel any
orders placed for product listed at the incorrect price. Madifine Mercantile
reserves the right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is cancelled, Madifine Mercantile
shall issue a credit to your credit card account in the amount of the incorrect
price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Madifine Mercantile
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Madifine Mercantile may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have
provided to Madifine Mercantile.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to this site (including but
not limited to the purchase of Madifine Mercantile products) shall be in the
state or federal courts located in Los Angeles County, California. Any cause of
action or claim you may have with respect to the site (including but not
limited to the purchase of Madifine Mercantile products) must be commenced
within one (1) year after the claim or cause of action arises. Madifine Mercantile's
failure to insist upon or enforce strict performance of any provision of these
terms and conditions shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. Madifine Mercantile may
assign its rights and duties under this Agreement to any party at any time
without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Madifine Mercantile or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
Madifine Mercantile does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, Madifine Mercantile is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However, Madifine Mercantile
reserves the right to block or remove communications or materials that it
determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Madifine Mercantile in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Madifine Mercantile, its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Use of Images
Madifine Mercantile prohibits the use and reproduction of any images from the
site online or in any media. This includes but is not limited to Ugly Doll
images.
Third-Party Links
In an attempt to provide increased value to our visitors, Madifine Mercantile
may link to sites operated by third parties. However, even if the third party
is affiliated with Madifine Mercantile, Madifine Mercantile has no control over
these linked sites, all of which have separate privacy and data collection
practices, independent of Madifine Mercantile. These linked sites are only for
your convenience and therefore you access them at your own risk. Nonetheless, Madifine Mercantile
seeks to protect the integrity of its web site and the links placed upon it and
therefore requests any feedback on not only its own site, but for sites it
links to as well (including if a specific link does not work).
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