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Terms of Service (November 2014)
Modifications. From time to time we may change the terms and conditions in this Agreement and in policies, guidelines or instructions governing the Site or Services. Any changes will be effective upon posting on the Site and we will use reasonable measures to ensure that changes are prominently posted in a manner designed to afford notice to users of the Site. You are responsible to periodically check for the most current terms that apply to your transactions on the Site. Your continued use of this Site and the Services following the posting of any changes will constitute your acceptance of such changes.
Eligibility. Use of the Site and Services is limited to parties that lawfully can enter into and form contracts under applicable law. We offer some products for use by children; however, we only sell them to adults. If you are under 18, you may use the Site only with the involvement of a parent or guardian. In compliance with the Children’s Online Privacy Protection Act and other laws concerning the protection of minors and children, we will purge any information we receive from people we believe to be children under 13 from our database and cancel the corresponding accounts.
You also confirm that if you are a business, you are duly organized, validly existing and in good standing under the laws of the jurisdiction in which your business is registered and that you have the authority to enter into this Agreement and perform your obligations hereunder.
Martfly’s Reservation of Rights. Martfly retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services. We may re-design and alter the Site and the Services from time to time in order to improve the quality of your experience at the Site. On occasion we may withhold for investigation, refuse to process, restrict shipping destinations, stop and/or cancel any transactions to protect our interests or those of our customers. We will refund to you amounts you paid for an order that we stop or cancel.
Your Account. Valid payment information will be needed when you conduct a purchase on our Site. To access many of the Services offered by Martfly you must create an account on our Site associated with a valid e-mail address. Accounts may not be sold or transferred. Unless expressly authorized by Martfly you may only create one account per email address. To create an account and register, you must provide your name, address, phone number and e-mail address, select a password, and provide other information required by the application form. You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents). Martfly and its affiliates are not responsible for unauthorized access to your account. You will contact us immediately if you believe an unauthorized party may be using your account or if any of your account information is lost or stolen.
Password Security. Your password may be used only to access the Site, use the Services, electronically sign your transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised, you must change your password.
The Martfly Payment Service. In order to purchase items on the Site you must use the Martfly Payment Service (the "Payment Service"). You may authorize a payment transaction using PayPal® or any major credit or debit card accepted by Martfly. The Payment Service helps facilitate your transactions with Martfly. The Payment Service is generally available seven days per week, twenty-four hours per day, except for scheduled downtime due to system maintenance.
Special Promotions. Special promotion offers are only valid while supplies last and are limited to sizes/styles available. Special promotion offers cannot be combined with any other offer or applied to previously purchased merchandise. Special promotion offers may be modified or terminated at any time without notice. To participate in a special promotion, select the quantity of the desired qualifying product, and then simply add it to your shopping cart. Special promotions that are applicable to qualifying products will be automatically calculated at the time of checkout. You may be asked to enter a coupon or code number. Your discount will automatically be applied for each eligible item placed in your cart.
Group Deals. Martfly may offer group purchase deals from time to time. Your Martfly account must be in good standing with no buying restrictions in order for you to be eligible to buy Martfly Group Deal items. In committing to buy you are making a binding and non-revocable offer to purchase the Martfly Group Deal Item at the Group Deal price if the minimum order required for the Group Deal is met prior to the applicable expiration date. Once you have committed to buy a Group Deal item you will receive an email confirming your order. Your order must be received before the earlier of the time the total available Group Deal Items is reached, or expiration of the Deal (whichever occurs first). Orders received after this time may be accepted or rejected in Martfly’s discretion. It is a condition precedent to accepting your order and forming a binding contract to supply the Martfly Group Deal Item that the minimum number of orders must be received before expiration of the Deal. Provided your order is received and accepted as described above, you will qualify for the Martfly Group Deal item. If successful you will receive an email confirming that you have been successful and notifying you of processing of your payment of the Martfly Group Deal item price. If the minimum order required for the Group Deal is not met prior to the applicable expiration date then no orders are processed and you will be notified that the deal was not activated.
Shipping, Returns and Refunds; Risk of Loss. For any products purchased Martfly provides shipping, return and refund policies that are displayed on the Site and under which any returns and refunds will be processed by us. All such policies and procedures, as modified by us from time to time, are part of this Agreement. Any products you purchase from us are bought FOB shipping point. This means that the risk of loss or damage to the goods in transit transfers to you when the goods leave the point of shipment to you. For more information about shipping, returns and refunds please refer to Martfly Shipping, Return and Refund Policy.
Compliance with Laws. The Site and Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name or use an invalid or unauthorized method of payment. You may not impersonate any participant or use another participant's password(s). You may not post unlawful, harmful, or obscene content or content that infringes on trademarks or copyrights or content that is defamatory about Martfly or its users.
Investigation. Martfly may occasionally monitor activity and content associated with this Site. We may investigate any reported violation of our policies or complaints and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Site. Martfly reserves the right to remove, screen, or edit any content that violates these provisions or is otherwise deemed objectionable.
Referring Friends to Martfly. The Site may encourage you to refer friends to Martfly by participating in a friends referral program, the details of which will be posted on the Site. We may modify or discontinue the friends referral program either temporarily or permanently (or any part thereof) with or without notice. Martfly will not be liable to you in the event of any modification, suspension or discontinuance of the program.
Content from Third-Party. Martfly is not responsible for, and does not endorse, any third-party content avaliable on the Site. Martfly does not have any obligation to prescreen, monitor, edit, or remove any such content.
Disclaimer of Warranties. Martfly attempts to list the products and services available for purchase on our Site as accurately as possible. However, we do not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product we offer is not as described, your sole remedy is to return it in unused condition. The Site and the Services are provided on an “as is” basis. Martfly makes no representations or warranties of any kind, express or implied, concerning the Site, the Services or the content thereof. To the fullest extent permissible under applicable law Martfly disclaims any and all such warranties including without limitation:
Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
That the Site or the Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
That the information, content and materials included on the Site will be as represented or available for purchase;
Any implied warranty arising from course of dealing or usage of trade; and
Any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of Martfly.
Indemnity and Defense. You will defend, indemnify and hold harmless Martfly and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) that arise out of or relate to: (i) your use of the Site; (ii) any actual or alleged breach of your obligations set forth in this Agreement; (iii) any content you provide including but not limited to any actual or alleged infringement of any intellectual property or proprietary rights of any third party.
Limitation of Liability. Subject to the refund and return policies posted on the Site, Martfly will not be liable for any damages of any kind, including without limitation direct, indirect, incidental, punitive or consequential damage or loss arising out of or in connection with this Agreement, the Site, the Services, inability to use the Site or the Services, or those resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site or the Services. In any event, Martfly’s liability of any kind shall not exceed the amount of any purchase in connection with which a claim arises.
Applicable Law. By visiting the Site you agree that the laws of the State of New Jersey, USA govern this Agreement without giving effect to principles of conflicts of laws. Subject to the provision of this Agreement titled “Disputes” any action arising under this Agreement shall be brought only in state or federal courts in New Jersey, which shall have exclusive jurisdiction and you and Martfly consent to the exclusive jurisdiction of such courts.
Disputes. If a dispute or claim relating to the agreement arises, the parties shall promptly attempt in good faith to resolve the dispute by negotiation between them. If the dispute remains unresolved, it shall be settled exclusively by arbitration in New Jersey in accordance with the Commercial Rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator's award in any court having jurisdiction. Any demand for arbitration shall be made within a reasonable time after the claim or dispute arises and in no event shall it be made after one year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. Except as may be required by law, neither party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. The arbitrator[s] shall have no authority to award punitive, consequential, special or indirect damages. The cost of the arbitration proceeding (and any proceeding in court to confirm or to vacate any arbitration award, as applicable) including, without limitation, reasonable attorneys’ fees and costs, shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. Each party shall initially pay its proportionate share of the fees and expenses of the arbitrator it designated and the arbitration fees and expenses of the American Arbitration Association. The arbitrator[s] shall be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his/her discretion. Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. If under applicable law this agreement to dispense with class arbitration procedures is unenforceable, then such provision shall be deemed severed and the remaining portions of this section and this agreement shall remain fully enforceable. In all other respects and for all other purposes the parties consent to the exclusive jurisdiction of local, state and federal courts located in New Jersey, USA.
Copyright and Trademark. All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Martfly or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Martfly and is protected by U.S. and international copyright laws. All software used on this site is the property of Martfly or its software suppliers and is protected by United States and international copyright laws. All of the trademarks, service marks, brand and trade names appearing on the Site including without limitation “Martfly” and any design logo are each the proprietary intellectual property of Martfly or the owners of such marks or names and you may not use, modify, remove or otherwise infringe any of such proprietary intellectual property. If you are a copyright owner and believe that any content on the Site infringes your copyright you may inform us by submitting a notice by email to email@example.com or in writing addressed to:
One World Web LLC
435 Patterson Avenue, No. 3
Wallington, New Jersey 07057
Your notice should include (i) a specific description of the alleged infringement and the copyrighted work that you believe has been violated; (ii) the exact location of the infringing material on the Martfly Site; (iii) your contact information; and (iv) a statement by a person authorized to take action on behalf of the owner of the copyright certifying that the information provided is true and correct.
Your Grant. By entering into this Agreement you grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of the content you submit to Martfly and its affiliates, and to sublicense the foregoing rights to our affiliates and operators of any website or other online point of presence (other than the Site) through which the Site and/or products or services available thereon are syndicated, offered, merchandised, advertised or described; provided, however, that we will not alter any of your trademarks (i.e., trademarks of yours that you provide to us in non-text form for branding purposes that are separate from and not embedded or otherwise incorporated in any product specific information or materials) from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of your trademarks (provided you are unable to do so using standard functionality made available to you via the Site or Services); provided further, however, that nothing in this Agreement will prevent or impair our right to use without your consent the content and any other materials provided by you, to the extent that such use is allowable without a license from you or your affiliates under applicable law (e.g., fair use under copyright law, referential use under trademark law, or valid license from a third party). You represent and warrant that you own or otherwise control all of the rights to the content you submit to Martfly and its affiliates, and that the use of such materials by Martfly and its affiliates will not infringe upon or violate the rights of any third party.
No Agency; Third-Party Beneficiary. Martfly is not your agent, fiduciary, trustee, or representative. Nothing in this Agreement is intended to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended for the sole and exclusive benefit of Martfly and you.
Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
No Waiver. We will not be considered to have waived any of our rights or remedies described in this Agreement unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Martfly's right to subsequently enforce such provision or any other provisions of this Agreement.
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