This Sales Agreement ("Agreement") is made by and between JpopDolls and you. “You” means the individual who is purchasing Products—as defined below—from JpopDolls and, if you represent a legal entity, it also means that entity, and you represent and warrant that you are authorized to enter into this Agreement for that entity.
In order to purchase Products from JpopDolls, you must read and accept all of the terms and conditions of this agreement. By clicking the “SUBMIT ORDER” button on checkout or by completing your purchase of products from JpopDolls, you accept all terms in this Agreement. If you do not agree to be bound by the terms of this Agreement, you may not purchase Products from JpopDolls.
Description of Products. “Products” shall mean any goods accessed through JpopDolls website JpopDolls.net or any affiliated site, including but not limited to ball-jointed dolls or accessories for ball jointed dolls.
Ownership of Intellectual Property. The Products, and all items and content therein, and other items supplied by JpopDolls may contain authorship materials, trademarks, word-marks and other materials that are protected by international conventions and national trademark and copyright laws. All proprietary rights and rights of ownership shall be reserved to JpopDolls or the creator of the Products, including rights of authorship, creation of derivative works, dissemination, and other rights. YOUR PURCHASE OF THE PRODUCTS DOES NOT GRANT YOU ANY RIGHTS TO COPY, CREATE DERIVATIVE WORKS, DISTRIBUTE COPIES OR DISPLAY THE PRODUCTS PUBLICLY.
Fees. You agree to pay the fee as set forth on the Checkout page (“Purchase Fee”) by credit card. In addition to the Purchase Fee, you agree to pay all applicable taxes, fees, charges, fines, and/or other expenses associated with the purchase, delivery, and use of the Products. In the event that your payment is rejected or denied by the holder of your credit card, or if you reverse any authorized charges, you are responsible and liable for all collection costs, including reasonable attorney fees, incurred as a result of nonpayment of the Purchase Fee, as well as for interest on past due sums at the lesser of the maximum legally chargeable interest rate or 18 percent per annum.
Your Warranties. You represent and warrant that: (i) you have not done and will not do anything, by contract or otherwise, which would materially impact the integrity of the Products or your ability to perform your obligations under this Agreement; (ii) that all actions taken by you, your employees and agents, with respect to the Products or the relationship contemplated by this Agreement shall comply with law; and (iii) you have all right, power and authority necessary to enter into this Agreement.
YOU ALSO REPRESENT AND WARRANT THAT YOU WILL NOT KNOWINGLY OR INTENTIONALLY OBTAIN PRODUCTS FROM JPOPDOLLS FOR THE PURPOSE OF FACILITATING, PROMOTING, ENCOURAGING OR ANYWAY ADVANCING RECASTING, COPYING AND/OR COUNTERFEITING OF PRODUCTS, BALL-JOINTED DOLLS AND ACCESSORIES. YOU ACKNOWLEDGE AND AGREE THAT RECASTING, COPYING AND/OR COUNTERFEITING OF PRODUCTS, BALL-JOINTED DOLLS AND ACCESSORIES IS ILLEGAL AND THAT IF YOU KNOWINGLY OR INTENTIONALLY PROVIDE PRODUCTS FOR RECASTING, COPYING AND/OR COUNTERFEITING THAT YOU WILL BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES. Nothing in this Agreement prevents the resale of Products provided that you are not knowingly and intentionally facilitating, promoting, encouraging or any anyway advancing recasting, copying and/or counterfeiting the Products.
Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JPOPDOLLS, ITS PARTNERS, AND SUPPLIERS PROVIDE THE PRODUCTS “AS IS” WITH ALL FAULTS AND DEFECTS THEREIN AND WITHOUT ANY WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO PRODUCTS OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES FOR THE PRODUCTS OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCTS.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JPOPDOLLS, ITS PARTNERS, OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF CONTENT OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCTS OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF JPOPDOLLS, ITS PARTNERS, OR ANY SUPPLIER, AND EVEN IF JPOPDOLLS, ITS PARTNER, OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF JPOPDOLLS UNDER ANY PROVISION OF THIS AGREEMENT OR ANY THEORY OF LIABILITY SHALL BE LIMITED TO THE PURCHASE FEE ACTUALLY PAID BY YOU. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Governing Law. The laws of the State of Washington govern this Agreement. If federal jurisdiction exists, the parties consent to exclusive jurisdiction and venue in the federal courts in King County, Washington. If not, the parties consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party will be entitled to recover its reasonable attorneys’ fees, costs, and other expenses, including the costs and fees incurred on appeal or in bankruptcy or similar action.
Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof. Unless specifically stated herein to the contrary, this Agreement does not apply to any other oral or written agreement between the parties but supersedes all prior written and contemporaneous oral negotiations, discussions, commitments, and understandings with respect to the subject matter hereof. Failure by either party to enforce any provision of this Agreement shall not be deemed a waiver of that provision or of any other provision of this Agreement.
Terms and Conditions of Use
This is a legal agreement between you ("you" or "user") and JpopDolls that states the material terms and conditions that govern your use of the Sites. This agreement, together with all updates, supplements, additional terms, and all of JpopDolls’ rules and policies collectively constitute this "Agreement" between you and JpopDolls. BY ACCESSING THE SITES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS WEB SITE.
1. Site Access License. JpopDolls grants you a limited, revocable, non-exclusive, non-transferable license to access and make use of the Sites, or their content solely for your own personal use. JpopDolls does not grant you a license to modify or all or any portion of the Sites and their content. This license does not include any resale or commercial use of the Sites or their contents; any collection and use of any images or third party content on the Sites; any derivative use of the Sites or their contents; any downloading or copying of account information for the benefit of another company or user; or any use of data mining, robots, or similar data gathering and extraction tools. The Sites and/or any portion of the Sites may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without JpopDolls’ express written consent. You will not access or attempt to access content on the Sites through any interface except for the publicly provided interfaces provided by JpopDolls. You will not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of JpopDolls, its content providers or its affiliates without express written consent. You will not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
2. Copyright and Ownership. All of the content featured or displayed on the Sites, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by JpopDolls, its licensors, vendors, agents and/or its Content providers. All elements of the Sites, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Sites may only be used for the intended purpose for which such Sites and Services are being made available. Except as may be otherwise indicated in specific documents within the Sites or as permitted by copyright law, you are authorized to view, play, print and download copyrighted documents, audio and video found on our Sites for personal, informational, and noncommercial purposes only. Except as permitted by copyright law, You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Sites. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Sites. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites and Services. The Sites, its Content and all related rights shall remain the exclusive property of JpopDolls or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Sites.
3. Trademarks/No Endorsement. All trademarks, service marks and trade names of JpopDolls used herein (including but not limited to: JpopDolls name, the Sites design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of JpopDolls or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify JpopDolls trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Sites, without JpopDolls' prior written consent. The use of JpopDolls trademarks on any other web site or network computer environment is not allowed.
4. Account Registration and Security. You understand that you may need to create an account to have access to all of the parts of the Sites. In consideration of your use of the Sites, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Sites' registration or subscription page (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or JpopDolls has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, JpopDolls has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Sites using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Sites. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information. The Sites may also include a tool that allows you to sign in or register using information from your account with a third party service, such as Facebook, Twitter, Google, Yahoo, OpenID, or LinkedIn. These third party services are unrelated to the Sites, and your login using such third party registration information and use of such third party services is subject to the terms and policies of those services.
JPOPDOLLS AND THE SITES ARE STRICTLY AGAINST ALL RECASTING, COPYING AND COUNTERFEITING OF BALL-JOINTED DOLLS AND ACCESSORIES. YOU AGREE THAT YOU WILL NOT USE THE SITES TO FACILITATE, PROMOTE, ENCOURAGE OR ANYWAY ADVANCE RECASTING, COPYING AND COUNTERFEITING OF BALL-JOINTED DOLLS AND ACCESSORIES, INCLUDING WITHOUT LIMITATION PROVIDING LINKS TO THIRD PARTIES THAT FACILTIATE, PROMOTE, ENCOURAGE OR ANYWAY ADVANCE RECASTING, COPYING AND COUNTERFEITING OF BALL-JOINTED DOLLS AND ACCESSORIES OR PURCHASING ANY PRODUCT FROM THE SITES WITH THE INTENTION TO RECAST, COPY OR COUNTERFEIT THAT PRODUCT.
6. Third Party Links. From time to time, the Sites may contain links to web sites that are not owned, operated or controlled by JpopDolls or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Sites. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Sites, you do so entirely at your own risk.
7. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites.
9. Representations and Warranties. You represent that You are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the Sites and Services is and will be in compliance with all applicable laws.
10. DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER JPOPDOLLS, NOR ANY OF ITS AFFILIATES, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES MAY BE OUT OF DATE, AND NEITHER JPOPDOLLS, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM JPOPDOLLS OR THROUGH THE SITES, CONTENT AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
11. LIMITATIONS OF LIABILITY. JpopDolls does not assume any responsibility, nor will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Sites, or your downloading of any information or materials from this Sites. IN NO EVENT WILL JPOPDOLLS, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, HOSTING, DISPLAY OR TRANSMISSION OF THE SITES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES, ANY WEBSITES LINKED TO THE SITES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. IN NO EVENT SHALL JPOPDOLLS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF ANY PRODUCTS OR SERVICES PURCHASED BY YOU ON THE SITES.
12. Indemnity. You agree to defend, indemnify and hold JpopDolls and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Sites or the Internet or your placement or transmission of any message or information on this Sites by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to JpopDolls; or (vi) any other party’s access and use of the Sites with your username, password or other appropriate security code.
13. Release. In the event that you have a dispute with one or more other users of the Sites or with any other third party arising from your use of information obtained from the Sites, you release JpopDolls (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, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes, including without limitation any intellectual property dispute or any dispute over the payment of the challenge.
15. Force Majeure. Neither JpopDolls nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
17. Entire Agreement. These terms and conditions are the entire agreement between the user and JpopDolls and supersede any prior understandings or agreements (written or oral).
19. Copyright Notice. All Site design, graphics, text selections, arrangements, and all software are Copyright © 2014, JpopDolls or its licensors. ALL RIGHTS RESERVED.
Copyright © 2005-2021 JpopDolls.