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Terms & Conditions
Apparel Magic Lanka Pvt Ltd and its subsidiaries (collectively, the "Company") welcome you apparel-magic.com The goal of this web site is to provide access to our wide selection of garment or apparel related stocklots, overruns or closeouts made in India and Srilanka to as wide an audience as possible. To ensure a safe, pleasant environment for all of our users, we have established these Terms of Use. In this way, you will know what you can expect from us and what we expect from you. By registering with apparel-magic.com as a member, you agree to be legally bound and to abide by the terms set forth below.
Trademarks
apparel-magic.com and the following are registered trademarks of the Company apparel Magic Lanka Pvt ltd
All other trademarks, product names, and company names and logos appearing on
apparel-magic.com are the property of their respective owners.
Disclaimers and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF APPREL-MAGIC.COM IS AT YOUR
SOLE RISK. YOU MUST BE 18 YEARS OR OLDER TO REGISTER AS A MEMBER. NEITHER THE COMPANY, NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS ("PROVIDERS"), MERCHANTS
("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS ("LICENSORS"), OR THE LIKE
(COLLECTIVELY, "ASSOCIATES"), WARRANT THAT apparel-magic.com WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF apparel-magic.com OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH apparel-magic.com EXCEPT THAT THE COMPANY DOES GUARANTEE (THROUGH ITS "100% SATISFACTION GUARANTEE") THAT YOUR PRODUCT WILL BE FULLY WEARABLE/USEABLE AFTER DELIVERY, AND IF IT DOES NOT, THE
COMPANY'S SOLE MAXIMUM LIABILITY WILL BE NOT MORE THAN TO REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVER AN EQUIVALENT PRODUCT AS SOON AS REASONABLY PRACTICABLE. (Please read our Refund policy below)
apparel-magic.com IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS
AND THE COMPANY SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY THE COMPANY
OR ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL CREATE ANY WARRANTY.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING apparel-magic.com BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING
WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE
APPAREL-MAGIC.COM INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM APPAREL-MAGIC.COM OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT,
DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT,
MERCHANDISE, AND SERVICES AVAILABLE THROUGH apparel-magic.com
CONTENT
Proprietary Rights
You acknowledge that apparel-magic.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the copyright laws, and the Company owns a copyright in the selection, coordination,arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may use the content only for your personal non-commercial use and make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.Except as provided in the preceding sentence or as permitted by the fair use privilege under the copyright laws, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
Distribution and Uploading of Third Party Content
Except as set forth in the section above entitled "Proprietary Rights," you may
upload to or otherwise distribute apparel-magic.com only Content
that is not subject to any copyright or other proprietary rights protection of
any third party (collectively, "Public Content"), or Content in which the author
has given express authorization for distribution on the World Wide Web. Any
copyrighted or other proprietary Content distributed with the consent of a
copyright owner should contain a phrase such as "Copyright, owned by [name of
owner]; used by permission." The unauthorized submission or distribution of
copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.You, not the Company, nor its affiliates, nor any of its officers, directors,employees, agents, Merchants, Providers, Sponsors, Licensors, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. By submitting Content to any user, you automatically grant, or warrant that the owner of such Content has expressly granted the Company the royalty-free,perpetual, irrevocable, nonexclusive right and license to use, reproduce,publish, translate, sublicense, copy, modify, adapt, create derivative works from and distribute the Content in whole or in part worldwide and/or to
incorporate it in other works in any form, media, or technology now known or
hereafter developed for the full term of any copyright that may exist in such
Content. You also permit any other user to access, store, or reproduce the
Content solely for that user's personal use. Subject to this grant, the owner of
Content placed on apparel-magic.com retains any and all rights, which
may exist in such Content.
Copyright Agent
apparel-magic.com respects the rights of all copyright holders and in this regard it has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide apparel-magic.com Copyright Agent the following information required by the Online.
a. A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyright work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Information reasonably sufficient to permit us to contact the complaining
party;
e. A statement that the complaining party has a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
f. A statement that the information in the notifications accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Third Party Content
The Company is a distributor and not a publisher of the Content supplied by third parties and you. The Company does not have editorial control over such Content. Any opinions, advice,statements,services, offers, or other information that constitutes part of the Content expressed or made available by third parties, including Providers, Merchants, Sponsors, Licensors, or any other user of apparel-magic.com are those of the respective authors or distributors and not of the Company or its affiliates or any of its officers, directors, employees, or agents.
NEITHER THE COMPANY NOR ITS AFFILIATES, NOR ANY
OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY THIRD PARTY, INCLUDING
ANY PROVIDER, MERCHANT, SPONSOR, LICENSOR, OR ANY OTHER USER OF apparel-magic.com GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, NOR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
In many instances, the Content available through apparel-magic.com
represents the opinions and judgments of the respective Provider, Merchant,
Sponsor, Licensor, or user not under contract with the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on apparel-magic.com by anyone other than authorized Company employees. Under no circumstances shall the Company, or its affiliates, or any of its officers, directors, employees, or
agents be liable for any loss or damage caused by your reliance on information
obtained through apparel-magic.com It is your responsibility to evaluate the information, opinion, advice, or other Content available through
apparel-magic.com
The Company's Rights
The Company may elect, but is not obligated, to electronically monitor areas of apparel-magic.com and may disclose any Content, records, or
electronic communication of any kind and information you provide apparel-magic.com
(i) when we believe disclosure to be appropriate to comply with any law, regulation, or government request or to comply with judicial
process; or
(ii) if such disclosure is necessary or appropriate to operate this
site; or
(iii) to protect the rights or property of the Company, its users,
Sponsors, Providers, Licensors, or Merchants. The Company is not responsible for screening, policing, editing, or monitoring such Content. Subject to the provisions above under "Copyright Agent", if notified of allegedly infringing,defamatory, damaging, illegal, or offensive Content, the Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from apparel-magic.com
The Company reserves the right to prohibit or remove conduct, communication, or Content that it deems in its sole discretion to be harmful to customers,members, users, content or service providers the Company or its affiliates, or any rights of the Company or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither the Company nor its Providers, Merchants, Sponsors, or Licensors can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither apparel-magic.com, nor its affiliates, nor any of its fficers,directors,employees, or Agents, nor Provider, Merchant, Sponsor, or Licensor shall assume liability for any action or inaction with respect to conduct, communication, or Content on
apparel-magic.com
Online Conduct
Any conduct by you that in the Company's sole discretion restricts or
inhibits any other user from using or enjoying apparel-magic.com
will not be permitted. You agree to use apparel-magic.com in
accordance with these Terms of Use and only for lawful purposes. You are
prohibited from posting on or transmitting through apparel-magic.com
any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise
objectionable material of any kind, including but not limited to any material
that encourages conduct that would constitute a criminal offense, give rise to
civil liability, or otherwise violate any applicable local, state, national, or
international law. You agree not to use any false e-mail address, impersonate
any person or entity, or otherwise mislead as to the origin of a card or other
Content, or attempt to do any such acts.
You agree that you will not use apparel-magic.com to send
unsolicited advertising, promotional material, or other forms of solicitation to
other users, except in specified areas, if any that are specifically designated
for such a purpose.
The provisions of these Terms of Use are for the benefit of apparel-magic.com its affiliates its Providers, Merchants, Sponsors and Licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Public and Private Communications
The Company does not screen public communications on the site by its users
in advance. The Company is not responsible for your submissions or responses.
Any product concept or ideas submitted by you to apparel-magic.com
will be considered public and nonproprietary. The Company will not be
responsible for any claims to intellectual property if those concepts or ideas
are used in promotions, marketing or product concepts. The Company reserves the right to remove any Content that it deems in its sole discretion to be a
violation of any law or in violation of these Terms of Use.
Indemnity
You agree to indemnify, defend and hold harmless the Company and its
Associates from and against any and all liability, claims, costs and expenses
(including without limitation reasonable legal fees and expenses), alleging or
resulting from your use (or use by any third party using your account) of
apparel-magic.com in violation or breach of the Terms of Use.
Termination of Usage
The Company may terminate your access, or suspend your access to all or part
of apparel-magic.com,without notice, for any conduct that apparel-magic.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party
Provider, Merchant, Sponsor, Licensor, content or service provider, or the
Company.
Applicable Laws
apparel-magic.com is controlled by the Company from its offices
within India. The Company makes no representations that Content in the site
are appropriate or available for use in other locations, and access to them from
territories where their content is illegal is prohibited. Those who choose to
access this site from other locations do so on their own initiative and are
responsible for compliance with applicable local laws. You may not use or export
the Content in violation of export laws and regulations.
Miscellaneous
You may not use apparel-magic.com to send unsolicited
advertising, promotional material, or other forms of solicitation to other
users, except in specified areas, if any that are designated for such a purpose.
Acknowledgment and Changes
This Agreement represents the entire understanding between you and the Company
regarding your relationship with the Company and apparel-magic.com
and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY
THE TERMS OF USE by accessing any areas of the apparel-magic.com site.
We reserve the right to change the Terms of Use at any time. If we make any
change to the Terms of Use, we will post those changes on this page and they
will become effective upon posting. By accessing apparel-magic.com after changes are made to the Terms of Use and posted on the site, you agree to
be legally bound and to abide by the amended terms. |
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