AUTHORIZATION TO USE SITE
Use of the Services in the Website is void where prohibited. By using the Services and/or the Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; (d) you have the authority to enter into this Agreement; and (e) your use of the Services and/or the Website does not violate any applicable law, regulation or agreement and (f) you are classified as a “resale” vendor/business which markets and sells resale items. No direct sales businesses are allowed or any business outside the category of “resale”. Your profile may be deleted and your Account may be terminated without warning. Users may not have more than one active Account.
This Agreement shall remain in full force and effect while you use the Services or the Website. You may terminate your Account at any time, for any reason. Resaling may terminate your Account at any time, without warning for any reason. Even after Account is terminated, this Agreement will remain in effect.
You are responsible for maintaining the confidentiality of the Username and password that you designate for your Account, and you are fully responsible for all activities that occur under your Username and password. You agree to (a) immediately notify Resaling of any unauthorized use of your Username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Resaling will not be liable for any loss or damage arising from your failure to comply with this provision or any other term of this Agreement. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We cannot guarantee the security of any information you disclose; you make such disclosures at your own risk. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any User Content on this Site is at your own risk.
You are solely responsible for the content that you publish or display (hereinafter, “post”) on or through the Website, or transmit to other Users (collectively, “User Content”). You will not post on or through the Website, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Resaling, any Resaling service provider or to any other User. If information provided to Resaling, a service provider, or another User, subsequently becomes inaccurate, misleading or false, you will promptly notify Resaling of such change or make or post the appropriate changes yourself. By posting User Content to any public area of the Website, including without limitation, message boards, profiles, forums, and contests, you automatically grant to Resaling and its affiliates an irrevocable, royalty-free, perpetual, fully paid nonexclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers) with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.
You also represent and warrant that you have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the license stated above. If you post User Content in any public area of the Website, you also permit any User to access, display, view, store and reproduce such User Content for personal use and any other use consistent with the use for which it was intended. Subject to the terms of this Agreement, the owner of any User Content placed on the Website retains any and all rights that may exist in such User Content. You appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm, fully utilize, or enforce the grant of rights, consents, agreements, assignments and waivers set forth in this Agreement.
You represent and warrant to us that:
(i) you have the legal right to post or transmit the User Content in accordance with the terms of this Agreement,
(ii) the posting or other transmission of the User Content on or through the Services or Site or otherwise by Resaling does not violate the privacy rights, publicity rights, intellectual property rights (copyrights, patents, trademarks), contract rights or any other rights of any person or entity,
(iii) To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the User Content exist and are not exclusively owned by us, you agree not to enforce any such rights as to Resaling, and you shall procure the same agreement not to enforce from any others who may possess such rights. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any User Content posted by you to or through the Services.
(iv) you are a “resale” vendor/business engaged in the business of marketing and selling “resale” items.
USER – GENERATED CONDUCT
You agree not to use the Services or the Site to take any action(s) that, (and your continued use of the Site and Services are conditioned on not taking any action(s) that):
patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or group; exploits people in a sexual or violent manner; or contains nudity, violence, or offensive subject matter or contains a link to an adult website;
solicits personal information; provides any User telephone numbers, street addresses, last names, URLs or email addresses; involves the transmission of “junk mail,” “chain letters,” or “unsolicited mass mailing”, “instant messaging”, “phishing”, “spimming” or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated files;
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, direct sales, multi-level marketing, affiliate marketing or pyramid schemes;
are contrary to Resaling’s public image, goodwill, or reputation;
infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
“frame” or “mirror” any part of the Site without our prior written authorization;
distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Resaling or its licensors or suppliers;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission; and/or
execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website’s servers or any data not intended for you.
are criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or violation of the privacy or publicity rights of third parties;
advertising to, or solicitation of, any User to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, Resaling reserves the right to restrict the number of emails that a User may send to other Users;
impersonate another User or other individual, and you acknowledge that the Services are for public and not private communications and that you have no expectation of privacy with regard to any User Content.
COPYRIGHT INFRINGEMENT AND THE DIGITAL MILLENNIUM COPYRIGHT ACT
Resaling respects the valid intellectual property rights of others. We will respond to allegations of copyright infringement with respect to content or materials on our site, including without limitation User Materials, in accordance with the Digital Millennium Copyright Act (the “DMCA”)
We reserve the right to remove any User Content that is alleged to infringe the copyright of a third party or otherwise violates any third party rights and/or to suspend or terminate a User’s access privileges in the event of repeat infringement by a User. If you are a copyright owner or authorized agent and believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, or if you believe that your rights have otherwise been violated by the Services, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or the person whose rights have been violated;
(ii) a description of the copyrighted work that you claim has been infringed or the particular rights violated;
(iii) if applicable, a description of where the material that you claim is infringing is located on the Site;
(iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law or with regard to the rights violated; and
(vi) a statement by you made under penalty of perjury, that the above information in your notice is accurate.
Resaling’s designated agent to receive notifications of claimed copyright infringement under the DMCA is:
Name: Resaling: Copyright Office
Address: PO Box Myrtle Beach, SC
Email: [email protected]
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice pursuant to the DMCA containing the following information to the Copyright Agent:
(i) your physical or electronic signature;
(ii) identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
(iii) a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
(iv) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in South Carolina, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Resaling may, in its sole discretion, send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access to it restored.
All text, graphics, photographs, videos, user interfaces, trademarks, logos, taglines, animations, sounds, and music contained on, or comprising, our site, including without limitation the design, structure, selection, organization, compilation, display, arrangement, expression and “look and feel” of our site, and the software comprising and/or embodying the foregoing (collectively, the “Resaling Content”), are owned, controlled or licensed by or to Resaling, and are protected under applicable intellectual property laws, including without limitation copyright, trade dress, trademark and/or patent laws. Your use of our site gives you no ownership rights in the Resaling Content.
LINKS TO THIRD PARTY SITES
Resaling contains links to different Internet sites. These links are not endorsements of any services, products, or companies. Furthermore, information on such site has not been endorsed or approved by Resaling. All responsibility or liability for any damages caused by viruses contained within this Internet site or in the channels of delivery are disclaimed.
If you choose a Subscription Service you agree that Resaling may automatically charge the subscription fee to your chosen payment method at the beginning of each period. Your access to the Resaling Subscription Service will not be established until Resaling has verified that the credit card or other payment information you provide Resaling for payment is accurate and that your credit card account or other payment method account is in good standing. You are required to keep your billing information current, complete, and accurate (such as a change in billing address, credit card number or expiration date) and notify Resaling if your selected payment method is cancelled (e.g., for loss or theft).
You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, or friends). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount.
PAYMENT METHOD AND TERMS
We accept Visa, MasterCard, American Express credit cards, and Checks, as forms of payment. By submitting an order through Resaling, you authorize Resaling, or its designated payment processor, to charge the account you specify for the purchase amount. If you provide us with a credit card that expires during the term of these Terms of Service, we reserve the right to charge any renewal card issued to you as a replacement. You agree to pay all costs of collection, including attorneys’ fees and costs on any outstanding balance. All payments are to be made in United States Dollars. If your credit card is invalid for any reason, your Service will be suspended. Resaling accepts no liability for information or content that is deleted due to an invalid credit card. All fees are paid in advance and are non-refundable.
CANCELLATION AND REFUNDS
Please note, unless Resaling gives notice to the contrary, payment for Services are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, refunds for accounts that have had access to particular services restricted, refunds for accounts that have had been cancelled for any reason including violations of these Terms, or refunds for months unused. If you cancel before the end of the term for which you paid, your cancellation will take effect immediately and you will not be given any refund. Resaling, at its discretion, may leave the Service active through the end of the prepaid billing cycle. The only accepted method for you to cancel your paid subscription to Resaling is via the account settings or support request related to your subscription. An email or phone request to cancel your account is not considered cancellation.
With respect to services you purchase through the Site, you acknowledge and agree that upon making such services available to you, Resaling will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.
PRODUCT AND SERVICE AVAILABILITY
Resaling may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. Resaling shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, Resaling reserves the right to substitute items of equal or greater value when an item or service is unavailable or Resaling may cancel the order.
Resaling attempts to be as accurate as possible and eliminate errors, however we do not warrant that any product, service or description, photograph, information, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a product or service credit (including without limitation issuing), at our option, Resaling credits, with a value at least equal to the amount charged to your credit card. Resaling reserves the right to determine and modify from time to time the exact nature of any such merchandises or service credit, including conversion into one or more different types of product or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above.
User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Resaling reserves the right to collect such taxes or other fees from you at any time.
DISCLAIMERS OF WARRANTIES
YOU AGREE THAT YOUR USE OF THIS SITE AND SERVICE IS ENTIRELY AT YOUR OWN RISK. RESALING DOES NOT WARRANT THAT THE SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE SITE OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, RESALING IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. RESALING, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. RESALING MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES. DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER RESALING NOR THE RESALING ENTITIES OR THEIR DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OF THIS SITE AND SERVICES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REMEDY: IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
RESALING’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, FOR SERVICES THAT ARE NOT PROVIDED THROUGH OR BASED ON THE WEBSITE, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO RESALING FOR (A) THE SERVICE ON WHICH SUCH CAUSE OF ACTION IS BASED OR (B) YOUR ACCOUNT FEE FOR THE PERIOD DURING WHICH SUCH CAUSE OF ACTION AROSE.
You agree to indemnify and hold Resaling and Titanium Creative, Inc., its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website and the Services, or any information obtained there from, in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on or through the Website or the Services causes Resaling to be liable to another.
This Agreement shall be interpreted, construed and governed by the laws of the State of South Carolina, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the District Courts of the State of South Carolina in Horry County or the Federal District Court of the District of South Carolina (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Resaling shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief.
This Agreement is accepted upon your use of the Website or any of the Services. This Agreement, as it may be amended from time to time, constitutes the entire agreement between you and Resaling regarding the use of the Website and the Services. This Agreement operates to the fullest extent permissible by law. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Resaling’s failure to expressly enforce any provision of this Agreement does not waive its rights to enforce that or any other provision. Resaling may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder (in whole or in part) in its sole discretion.
NOTICE FOR CALIFORNIA USER
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Myrtle Beach, SC
Email: [email protected]
Last modified: November 28, 2017