2. The Site and the Services
2.1 U-Boutique acts as a portal or venue to allow users who comply with U-Boutique's policies to offer, sell, and buy certain goods. U-Boutique is not directly involved in the transaction between buyers and sellers. As a result, U-Boutique has no control over the quality, safety, morality or legality of any aspect of the items listed for sale, the truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to pay for items. U-Boutique does not pre-screen users or the content or information provided by users. U-Boutique cannot ensure that a buyer or seller will actually complete a transaction. You use the Site and the Services at your own risk.
3. Use of the Site and the Services
3.2 You agree that you will not engage in any activity that interferes with or disrupts or is destructive of or expropriates the Site or the Services (or the servers and networks which are connected to the Site and Services). You specifically agree not to access (or attempt to access) any of the Services through any automated means.
3.3 You agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose. You agree that you will not alter or modify the Site or the Services in any way.
3.5 You agree that you will not make use of the Site or of any of the Services in a manner that is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive; infringes someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights;advocates or solicits violence, criminal conduct or the violation of any law or the rights of any third party; disrupts, interferes or inhibits any other user from enjoying the Site or other affiliated or linked websites, material, contents, products and/or services.
3.7 U-Boutique cannot guarantee the true identity, age, and nationality of a user. U-Boutique encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
4. Membership and Account Information
4.1 Age: U-Boutique's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. U-Boutique may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity, and change its eligibility criteria at any time. Individuals under the age of 18 must at all times use U-Boutique's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In such case, the adult is the user and is responsible for any and all activities.
4.2 Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify U-Boutique of any unauthorized use of your password or any breach of security. You also agree that U-Boutique cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than U-Boutique without U-Boutique's express written permission.
4.3 Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on the Site you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
4.4 Account Transfer: You may not transfer or sell your U-Boutique account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
5.1 U-Boutique may charge fees for listing an item for sale, as well as a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. Changes to the fees for the Services are effective after U-Boutique provides you with at least fourteen (14) days' notice by posting the changes on the Site. U-Boutique may, at U-Boutique's sole discretion, change some or all of the Services at any time. In the event U-Boutique introduces a new service, the fees for that service are effective at the launch of the service.
5.2 You are responsible for paying all fees and applicable taxes associated with using the Services. U-Boutique keeps accepted payment information on file for its own internal purposes and does not commit to having such information available for you in the future.
5.3 In the event a transaction is cancelled after payment has been made, U-Boutique reserves the right to charge a cancellation fee. Such cancelation fee is applicable to all users of U-Boutique, including both Sellers and Buyers, in any instance of cancellation, whether the cancellation was made by the Seller or the Buyer.
5.4 If U-Boutique terminates a listing or your account, if you close your account, or if the payment of your U-Boutique fees cannot be completed for any reason, you remain obligated to pay U-Boutique for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel).
6. Listing and Selling
6.2 Shop Policies: All sellers are urged to outline shop policies for their U-Boutique shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with U-Boutique's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. U-Boutique reserves the right to request that a seller modify a shop policy.
6.3 Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
6.4 Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not circumvent or avoid your obligation to pay U-Boutique's transaction fees by consummating a sale offline or by altering the item's price after a sale. You may not misrepresent the item's location nor use another user's account without permission.
7.1 You understand that all information and content (such as data files, written text, graphics, advertisements, music, audio files or other sounds, photographs, videos or other images, links, computer software, scripts, and other interactive features) which you may view or have access to as part of, or through your use of, the Site and the Services are the sole responsibility of the person from which such content originated. All such information and content is referred to below as the “Content”.
7.2 You should be aware that Content presented or available to you as part of or via the Site or the Services may be protected by intellectual property rights which are owned by the third parties who provide that Content. You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Content (either in whole or in part) unless you are authorized to do so by the owners of that Content.
7.4 U-Boutique does not claim ownership rights in your Content. You grant U-Boutique a license solely to enable U-Boutique to use any information or Content you supply to U-Boutique, so that U-Boutique is not violating any rights you might have in that Content. You grant U-Boutique a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow U-Boutique to store or re-format your Content on U-Boutique and display your Content on U-Boutique in any way as U-Boutique chooses.
7.5 By posting Content on the Site, it is possible for an outside website or a third party to copy or re-post that Content. You agree to hold U-Boutique harmless for any dispute concerning this use.
7.6 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent, or objectionable, and that, in this respect, you use the Services at your own risk. Additionally, you understand that the Content you access through the Site may be false, inaccurate, or misleading. U-Boutique does not control the Content provided by users that is made available on the Site. U-Boutique does not censor or edit the Content of any third-party, and has no obligation to pre-screen, review, flag, filter, modify, refuse, or remove any Content from the Site or the Services. If you are interested in filtering or limiting specific Content that you may find objectionable, please use a commercially available filtering service or software to limit access to such Content; however U-Boutique does not warrant that such filtering service or software will successfully protect you from viewing content that you may find objectionable or otherwise offensive.
8. Third Party Sites and Resources
8.3 Furthermore, you acknowledge and agree that U-Boutique is not liable for any loss or damage which may be incurred by you as a result of the availability of those external websites or resources, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any Content, services, software, or other materials on, or available from, such websites or resources.
9. Proprietary Rights
9.1 You acknowledge and agree that U-Boutique (or U-Boutique’s licensors) owns all legal right, title and interest in and to the Site and the Services, including any intellectual property rights which subsist in the Site and the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
9.3 You agree that in using the Site and the Services, you will not use any trademark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10.1 Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with U-Boutique's policies and acknowledge and agree to comply with the laws of the city, county, and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. U-Boutique is not involved with user generated groups, the groups' requirements, or the Meetings.
10.2 U-Boutique does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that U-Boutique does not in any way screen its users. All users agree to exercise caution and good judgmentin all interactions with others, particularly if meeting offline or in person.
The Site and the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the Content accessed via the Site and the Services. The manner, mode and extent of advertising on the Site and the Services are subject to change without specific notice to you. You agree that U-Boutique may place such advertising on the Site and the Services.
12.2 In addition, as part of a transaction, you may obtain personal information, including email address and shipping information, from another U-Boutique user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for U-Boutique-related communications. U-Boutique has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any U-Boutique user to your email or physical mail list.
12.3 Information collected by or submitted to third party sites or application providers is governed by their privacy policies. U-Boutique does not exercise control over any third party sites, applications, or programs.
13. DISCLAIMER OF WARRANTIES
13.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS." U-BOUTIQUE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, AND NON-INFRINGEMENT.
13.2 U-BOUTIQUE NEITHER WARRANTS NOR REPRESENTS TO YOU THAT: (A) YOUR USE OF THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SITE OR THE SERVICES WILL BE CORRECTED.
13.3 ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL. U-BOUTIQUE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICES, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR THE SERVICES BY ANY THIRD PARTY, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SITE OR THE SERVICES. U-BOUTIQUE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND U-BOUTIQUE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
14. DISCLAIMER OF LIABILITY
14.1 YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE SITE AND BENEFITTING FROM THE SERVICES AT YOUR OWN RISK. U-BOUTIQUE DISCLAIMS ANY AND ALL RESPONSIBILITY FOR GOODS OR SERVICES THAT YOU PURCHASE, OFFER, OR SELL THROUGH THE SITE.
14.2 IN NO EVENT SHALL U-BOUTIQUE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFIT, LOSS OF DATA, AND COSTS OF RECOVERY), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS LIMITATION OF LIABILTIY INCLUDES ANY LOSS OR DAMAGE RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE OR THE SERVICES, (III) ANY CHANGES WHICH U-BOUTIQUE MAY MAKE TO THE SITE OR THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE OR THE SERVICES (OR ANY FEATURES WITHIN THE SITE OR THE SERVICES), OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR THE SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT U-BOUTIQUE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
14.3 YOU SPECIFICALLY ACKNOWLEDGE THAT U-BOUTIQUE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT ENGAGED IN BY YOU OR ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
16.7 U-Boutique, for the benefit of users, may try to help users resolve disputes. U-Boutique does so in U-Boutique's sole discretion, and U-Boutique has no obligation to resolve disputes between users or between users and outside parties. To the extent that U-Boutique attempts to resolve a dispute, U-Boutique will do so in good faith based solely on U-Boutique's policies. U-Boutique will not make judgments regarding legal issues or claims.
16.8 YOU AND U-BOUTIQUE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.