Alice’s Mad Market – Terms of Use

Effective Date: December –, 2015.

PLEASE READ THESE TERMS OF USE CAREFULLY.

THESE TERMS OF USE ARE A LEGALLY BINDING CONTRACT AND YOU HAVE A DUTY TO READ THEM BEFORE USING THE WEBSITE. THROUGH YOUR USE OF THE WEBSITE YOU MANIFEST YOUR ASSENT TO THE TERMS AND CONDITIONS CONTAINED WITHIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE.

By accessing or using the alicesmadmarket.com website, and its associated content and services (collectively the “Website”) on any computer, mobile phone, tablet, console or other device, you will be subject to these Terms of Use (“Agreement”) and any other applicable law. Alice’s Mad Market reserves the right to modify, amend, replace, suspend, or terminate this Agreement at any time, within its sole and absolute discretion and without any notice. In the event Alice’s Mad Market modifies, amends, replaces, suspends, or terminates this Agreement, the Effective Date, located at the top of this Agreement, will change. Your continued use of the Website after a change in its Effective Date above constitutes your acquiescence to and acceptance of any modification, amendment, or replacement.

  1. Warranties

By using the Website, you warrant that you are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained herein. If you use the Website on behalf of a business entity or third party, you warrant that you have actual authority to act as an agent of that business entity or third party and, as a component of that agency, have the right and ability to agree to this Agreement on behalf of that business entity or third party and bind that business entity or third party to the terms herein.

You warrant that your use of the Website does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals or business entities located in the jurisdiction in which you live. You further warrant that you are not prohibited from entering into this Agreement by the terms of any pre-existing condition or agreement.

  1. Privacy Policy

 

Alice’s Mad Market has adopted a Privacy Policy that details important information about data and other information that may be collected. The Privacy Policy is incorporated by reference as if fully restated in this Agreement.

  1. Limited License to Use the Website

 

You acknowledge and agree that the Website is the property of Alice’s Mad Market and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You agree that your use of the Website is limited by the license granted under the terms of this Agreement. You expressly agree that you will not use the Website in any manner not expressly granted through this Agreement.

 

Alice’s Mad Market hereby provides you with a limited, non-exclusive, non-assignable, non-sublicensable, and revocable license to use the Website for its customary and intended purposes. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the immediate termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to Alice’s Mad Market.

 

During your use of the Website, You are prohibited from reproducing, preparing derivative works of, distributing, performing publicly, displaying publicly, scraping, framing, hacking, reverse engineering, crawling, or aggregating the Website, whether in whole or in part, without the prior written consent of Alice’s Mad Market. You are further prohibited from using Alice’s Mad Market trademarks in keyword advertisements, to trigger keyword advertisements, or in meta tags.

  1. Ownership of Content & Intellectual Property

 

You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by Alice’s Mad Market, including, but not limited to, Alice’s Mad Market, are common law or registered trademarks owned by or licensed to Alice’s Mad Market. You are expressly prohibited from using the trademarks of Alice’s Mad Market to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of Alice’s Mad Market in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are property of their respective owners.

  1. User Generated Content

 

Alice’s Mad Market may provide you with the ability to upload or transmit User Generated Content to or through the Website, including, but not limited to, text, comments, photographs, images, videos, audio files, profile information, name, likeness, advertisements, listings, information, and designs (collectively “User Generated Content”). Except as otherwise provided herein, you own all rights in and to your User Generated Content.

When you submit User Generated Content to the Website, you grant Alice’s Mad Market a non-exclusive, irrevocable, worldwide, and perpetual license to use your User Generated Content for the normal and intended purposes of the Website. These purposes may include providing you or third parties with access to and use of the Website, backing up or archiving the Website, and selling or transferring the Website to a third party. In submitting User Generated Content to the Website, you agree to waive all moral rights in or to your User Generated Content across the world, whether you have or have not asserted moral rights. You also agree to waive all rights of publicity or privacy in or to your User Generated Content.

You warrant that you have adequate right, title, and interest in and to all User Generated Content that you submit to the Website. You warrant that your User Generated Content will not violate the terms of this Agreement, the rights of third parties (including intellectual property rights or other personal or proprietary rights), or any applicable rule, law, regulation, ordinance, treaty, or statute, whether local, state, provincial, regional, national, or international.

  1. Member Accounts

Alice’s Mad Market may require you to register an account with the Website in order to obtain access to additional features or areas of the Website, including making online purchases of items listed on the Website (“Account”). You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device. You agree to accept responsibility for all activities that occur under your Account. You are expressly prohibited form sharing your Member Account information with others and you agree that you will provide Alice’s Mad Market will accurate, complete, current, and relevant information when registering your Member Account.

Alice’s Mad Market reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders within its sole discretion.

  1. Indemnification

You agree to indemnify, defend, and hold harmless Alice’s Mad Market, its officers, shareholders, members, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, claims, charges, or liabilities, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Website; (ii) your violation of any term or condition of this Agreement; (iii) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (iv) violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international. Your obligation to defend Alice’s Mad Market will not provide you with the ability to control Alice’s Mad Market defense, and Alice’s Mad Market reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

  1. Intellectual Property

All intellectual property on this Website (except User Generated Content) is the property of Alice’s Mad Market or its licensors; this includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by Alice’s Mad Market. All content on this Website (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of Alice’s Mad Market; All rights reserved.

  1. License & Access

Subject to your compliance with this Agreement and your payment of any applicable fees, Alice’s Mad Market or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of this Website. This license does not include any resale or commercial use of its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website’s contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by Alice’s Mad Market or its licensors, suppliers, publishers, rightsholders, or other content providers. This Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Alice’s Mad Market. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Alice’s Mad Market without express written consent. You may not use any meta tags or any other “hidden text” utilizing Alice’s Mad Market’s name or trademarks without the express written consent of Alice’s Mad Market. You may not misuse this Website. You may use this Website only as permitted by law. The licenses granted by Alice’s Mad Market terminate if you do not comply with this Agreement.

  1. Copyright Complaints

If you believe that a user of Alice’s Mad Market has infringed upon your copyright rights, you may provide Alice’s Mad Market a notice of copyright infringement that complies with §512 of the Digital Millennium Copyright Act. Upon receipt of a notice that complies with this section, Alice’s Mad Market will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that the alleged infringer can respond with a counter-notification.

A notice of copyright infringement must contain the following:

  1. The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work(s) alleged to have been infringed;
  3. The location of the copyrighted work(s) on the Website;
  4. Your contact information, such as an address, telephone, fax number, or email address;
  5. A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
  6. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

If you are a Website user that believes that content subject to a notice of copyright infringement is not infringing, you may submit a counter-notification. Any counter-notification must contain the following:

  1. Identification of the specific materials that have been removed from the Website;
  2. Your contact information, such as an address, telephone, fax number, or email address;
  3. A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
  4. A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in Gainesville, Florida;
  5. A statement that you will accept service of process from the notifying party; and
  6. Your physical or electronic signature.

Notifications of copyright infringement and counter-notifications may be submitted to Alice’s Mad Market at kate@AlicesMadMarket.com

  1. Product Orders

All orders placed through the Website are subject to Alice’s Mad Market’s acceptance. This means that Alice’s Mad Market may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Alice’s Mad Market will issue you a refund.

  1. Returns, Refunds & Title

Alice’s Mad Market does not take title to returned items until the item arrives at our address. At our discretion, a refund may be issued without requiring a return. In this situation, Alice’s Mad Market does not take title to the refunded item.

  1. Product Descriptions

Alice’s Mad Market attempts to be as accurate as possible. However, Alice’s Mad Market does not warrant that product descriptions or other content on this Website is accurate, complete, reliable, current, or error-free. If a product offered by Alice’s Mad Market itself is not as described, your sole remedy is to return it in unused condition.

  1. Acceptable Uses

You agree that you will not use the Website in violation of any term or condition of this Agreement, outside of its customary and intended purposes, to violate the rights of third parties, or to violate any applicable rule, law, regulation, ordinance, treaty, or statute, whether local, state, provincial, regional, national, or international. You are explicitly prohibited from:

  1. Transmitting unsolicited commercial email messages to users of the Website;
  2. Imposing a disproportionate load on the Website or its server infrastructure, whether through a denial of service attack or otherwise;
  3. Attempting to interfere with the operation of the Website;
  4. Circumventing the Website’s technological protection or security mechanisms;
  5. Using a spider, scraper, or other automated technology to access the Website;
  6. Attempting to gain access to the personal, personally identifiable, or payment information of a user of the Website;
  7. Harassing a user of the Website;
  8. Posting or transmitting content through the Website that is harassing, threatens or encourages bodily harm, constitutes hate speech, or advocates for the destruction of property;
  9. Posting or transmitting content through the Website that infringes upon the rights of third parties, including intellectual property or other personal or proprietary rights;
  10. Posting or transmitting content through the Website that constitutes fraud, a phishing scam, a pyramid scheme, or a chain letter;
  11. Posting or transmitting content through the Website that is obscene, lewd, lascivious, or otherwise illegal.
  1. Disclaimer of Warranties & Limitation of Liability

Alice’s Mad Market and all information, content, materials, products and other services included on or otherwise made available to you through this Website are provided by Alice’s Mad Market on an “as is” and “as available” basis, unless otherwise specified in writing. Alice’s Mad Market makes no representations or warranties of any kind, express or implied, as to the operation of the Website, or the information, content, materials, products or other services included on or otherwise made available to you through the Website, unless otherwise specified in writing. You expressly agree that your use of the Website is at your sole risk.

To the full extent permissible by applicable law, Alice’s Mad Market disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Alice’s Mad Market does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. Alice’s Mad Market will not be liable for any damages of any kind arising from the use of any service on the Website, or from any information, content, materials, products or other services included in or otherwise made available to you through the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Certain State laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

  1. Resolution of Disputes & Governing Law

YOU ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY CLAIM OR CONTROVERSY CONCERNING INTERPRETATION OF THIS AGREEMENT, OR YOUR USE OF THE WEBSITE WILL BE SETTLED BY ARBITRATION PURSUANT TO THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THIS ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR RANDOMLY SELECTED FROM A LIST OF NEUTRAL ARBITRATORS MAINTAINED BY THE AMERICAN ARBITRATION ASSOCIATION. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE ARBITRATOR WILL BE PROVIDED WITH THE RIGHT TO AWARD COSTS AND ATTORNEYS’ FEES TO THE PREVAILING PARTY. THIS ARBITRATION WILL BE HELD IN GAINESVILLE, FLORIDA, AND BOTH PARTIES AGREE THAT THEY WILL BE REQUIRED TO BE PRESENT IN GAINESVILLE, FLORIDA FOR ARBITRATION UNDER THE TERMS OF THIS AGREEMENT AND HEREBY SUBMIT TO EXCLUSIVE PERSONAL JURISDICTION IN GAINESVILLE, FLORIDA. THE ARBITRATOR WILL APPLY THE LAWS OF THE STATE OF FLORIDA AND THE FEDERAL LAWS OF THE UNITED STATES IN DECIDING ANY CONTROVERSY OR CLAIM PURSUANT TO THIS ARBITRATION CLAUSE.

  1. Severability

In the event any term or condition of this Agreement is deemed unenforceable or invalid, the remaining terms and conditions of this Agreement will remain in full force and effect.

  1. Integration

This Agreement and its incorporated Privacy Policy constitutes the entire agreement between the parties with respect to the use of the Website and its associated services. There are no further understandings, agreements, or representations with respect to the subject matter of this Agreement. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Alice’s Mad Market.

  1. Waiver and Integration

No term or condition of this Agreement or breach of this Agreement is deemed waived or consented to unless said waiver is in writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.

  1. Term & Termination

Alice’s Mad Market may provide users with the opportunity to provide links to third-party websites. You understand that these links and third party websites are not the property of Alice’s Mad Market and Alice’s Mad Market has not control over the content on these third party websites. As a result, Alice’s Mad Market is not responsible for the content on any links to third party websites.