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Prohibited Conduct
You agree that you will only use the Services for the lawful purposes expressly permitted and contemplated by these Terms of Services. You may not use the Services for any other purposes, including commercial purposes, without our prior written consent.
You acknowledge and understand that you are prohibited from modifying the Services or eliminating any of the content of the Services.
You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with the functioning of the Services or use and/or monitor any information in or related to the Services for any unauthorized purpose. Specifically, you agree not to use the Services to:
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violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or encourage or provide instructions to another to do so;
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post any content that contains falsehoods or misrepresentations that could damage the Services or any third party;
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deploy or use programs, software, or applications designed to harm, interfere with the operation of, or access in an unauthorized manner, Services, networks, servers, or other infrastructure;
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exceed your authorized access to any portion of the Services;
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exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available;
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use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services without our prior written consent;
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use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;
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introduce or upload any viruses, Trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files or any other similar software, program or material which is malicious or technologically harmful or that may damage the operation of another’s property or of the Services; or
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remove any copyright or other proprietary notices from Services or any of the materials contained therein.
Violating the security of the Site or the Services, including but not limited to taking any of the actions above, is prohibited and may result in criminal and civil liability. We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in protecting users who violate this Agreement.
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Sweepstakes, Promotions, Surveys, Polls, Message Boards, and Offers
From time to time, we may offer sweepstakes, promotions, surveys and/or offers to you. Where applicable law requires it, we will provide official rules, jurisdictions, duration, eligibility requirements, and/or additional terms of the offer or programs. Any additional terms will be incorporated into these Terms of Service. We may use your Personal Information to enable you to voluntarily participate in these features in the Services.
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Placing Orders for Products
This Section governs your purchase of products made available through this Site (each, a Product) and offered for sale directly from Ziffy through our network of authorized retailers, partners, licensors and fulfillment centers (collectively, Partners). By placing an order for products through the Site, you warrant that you are legally capable of entering into binding contracts. Our goods and Services may not be available in all areas.
Your Information
If you wish to place an order for goods available on the Site, you may be asked to supply certain information relevant to your ordering, including your name, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and that (ii) the information you supply us is true, correct and complete. By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order. We handle any transfer of your personal information in accordance with our Privacy Policy. Please note that we may use third-party providers, such as Shopify, Shop and others, for orders and delivery. When you order through these third parties, you will be subject to their respective terms of use and privacy policy. Please be sure to review those policies prior to making your purchase.
Availability, Errors and Inaccuracies
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However,we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.
We are constantly updating our offerings of goods. The goods available on our Site or in our stores may occasionally be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our goods on the Site in our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We reserve the right to discontinue any products at any time for any reason.
Pricing Policy
We reserve the right to revise its prices at any time prior to accepting an order. The prices quoted online or in our stores may be revised by us after accepting an order if events occur that affect delivery, such as those caused by government action, variation in customs duties, increased shipping or delivery charges, higher foreign exchange costs, and any other matter beyond the control of us. In that event, you may have the right to cancel your order.
Payments
All goods purchased are subject to a one-time payment. Payment can be made through our third-party E-Commerce store hosted by Shopify, which may use payment processors like PayPal or other payment processors for our online transactions. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your order.
Order Cancellation
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to:
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Unavailability of Goods
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Errors in the description or prices for Goods
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Errors in your order, including incorrect address or payment information
We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Shopping Rules and Provisions
We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit/debit card, and to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserves the right, at our sole discretion, to prohibit sales to anyone as it may deem fit.
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User Content
Unless specifically requested, we do not wish to receive any confidential, proprietary, or trade secret information from you via the Site (including via contact email or forms made available on the Site). You remain fully responsible for the materials or submissions that you provide to us, including, without limitation, any information, requests, creative works, pictures, photographs, idea submissions, suggestions, business plans, concepts, methods, systems, designs, plans, techniques, or demos in any media including photographs, graphics, audiovisual media or other material submitted, posted, uploaded, sent or otherwise transmitted to us through this Site or via our social media (User Content). Accordingly, if you send us any User Content, you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the User Content in any media now known or hereinafter invented, including for commercial purposes. If you send us any User Content, you also warrant that the User Content is not confidential or secret and that the User Content is owned entirely by you. If you send us any User Content, you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize us to use User Content as permitted by the license in this Section.
We may pull content from our users who share photos and videos on social media via direct message or by using our brand hashtags or tagging our social media accounts (collectively, Photos). You acknowledge and agree that the Photos may be used in our social media, emails and on the Site, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the Services. You represent and warrant that the posting and use of your Photos, including to the extent such Photos include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.
In addition to the rights applicable to any User Content, when you post comments or reviews to the Site or via mentions in social media or third-party websites, you also grant us the right to use the name, username, or profile that you submit with any review, comment, or other content, in connection with such review, comment or other content. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content, including reviews, comments or other content. We may, but shall not be obligated to, remove or edit any User Content (including comments or reviews) for any reason.
You agree not to provide User Content that:
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Infringes on the copyright, trademark, patent or other intellectual property right of any third party;
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Is false, misleading, libelous, defamatory, obscene, abusive, hateful or sexually explicit;
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Violates a third party’s right to privacy or publicity;
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Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability or other classification;
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Contains epithets or other language or material intended to intimidate or incite violence;
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Contains a virus, worm, Trojan Horse, time bomb or any other harmful program or component;
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Contains any commercial material or solicits any funds (charitable or commercial), perpetuates chain letters or pyramid schemes, promotes commercial entities, or otherwise engages in commercial activity;
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or Violates any applicable local, state, national or international law, or advocates illegal activity.
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Since we do not control the User Content, we do not guarantee the truthfulness, integrity, suitability, or quality of the User Content, and we do not endorse such User Content. We are not obligated to use your User Content and may delete, modify, reuse, move or remove any User Content at any time. We do not guarantee any confidentiality with respect to any User Content. Under no circumstances will Ziffy be liable in any way for User Content made available through the Site or social media by you or any third party.
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Accuracy of Information
We attempt to ensure that information provided through the Services is complete, accurate and current. Except as prohibited by applicable Delaware law, we make no representation as to the completeness, accuracy or currency of any information provided through the Services and in the Materials. We shall not be responsible for any errors or omissions in the Services or Materials.
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Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Services, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your UGC caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Services. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
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Disclaimers
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) WE MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IKEA OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. WE DO NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, WE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN OR USE OF THE SERVICES.
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Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE CHARGES (IF ANY) PAID BY YOU. IF NO AMOUNTS WERE PAID, YOU SHALL NOT BE ENTITLED TO ANY MONETARY OR EQUIVALENT REMEDY.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS OF SERVICE, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
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Limitation on Time to File Claims
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
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Choice of Law and Disputes Resolution
These terms shall be governed by and construed in accordance with the laws of the State of Arizona, the United States, regardless of where the user is based. With respect to any and all disputes arising out of or in connection with the website, Services, or these Terms (including, without limitation, the Privacy Policy), you and us agree to first negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and us do not resolve any dispute by informal negotiation within 60 days, then either of the parties may, by notice to the other, demand binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAAs Supplementary Procedures for Consumer-Related Disputes (AAA Consumer Rules), both of which are available on the AAA website at www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration, which will take place before a single arbitrator, may be conducted in person in Chandler, Arizona, or through the submission of documents, by phone or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be assessed in a different way, and the prevailing party may be awarded its attorneys fees and expenses by the arbitrator. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, conducted expeditiously.
Both you and us understand that you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final. Any court with jurisdiction over the parties may enforce the arbitrators award.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and neither you nor us will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding, regardless of any statute or law to the contrary. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.
If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.
You agree that we are entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision, and you and us understand that you are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Any disputes that are not handled by arbitration shall be filed only in the state and federal courts located in Phoenix, Arizona or any United States District Court located in Phoenix, Arizona and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts..
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Electronic Commercial Service Disclosure
Under California Civil Code Section 1789.3, California users of the Ziffy E-commerce services are entitled to the following specific consumer rights notice:
The name, address, and telephone number of the provider of the service is listed below in our Contact Us section. We do not charge you for the use of our website. If you have a question or complaint regarding our Services, please contact us directly using the information below. If we fail to resolve your complaint, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
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Miscellaneous
If we fail to exercise or enforce any right or provision of these terms of use, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
If any provision of these Terms of Service is held to be unlawful, void, or for any reason is unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service.