Poetrydesigns LLC Terms of Use

Welcome to poetrydesigns.shop site and any of its mobile device applications or other applications and platforms. Please read these terms of use carefully before using the site and services offered by Poetrydesigns, LLC ("TBP", “Company”, “us", "we"). These terms of use set forth the terms and conditions of our relationship and for your use of the poetrydesigns.shop website (the "Site") and the products, services, features, content, applications, mobile device applications, or apps offered by Blissful (collectively, the "Services") to you (“you”, “your”).

Your use of the Site and/or the Services, and any or all of their features, is expressly conditioned upon your unconditional acceptance and agreement and compliance with these terms of use. Use of this this site, services, and any or all of their features, in any fashion, including without limitation viewing or using any or all of its listings or content shall be deemed as unconditional acceptance and agreement with these terms of use.  These terms of use apply to you, whether you are an individual or an entity acting by or through you as its authorized representative, or whether you represent, act or purport to represent or act for or on behalf of another person or entity, or yourself alone. These terms of use apply to you in whatever capacity in which you use this site, including but not limited to estates, companies, or individuals.

You understand that by accessing or using the Site or Services, you are agreeing to comply with and be bound by the terms and conditions contained herein ("Terms of Use" or "Agreement"), which also incorporate TBP’s Privacy Policy.  

TBP Site and Services; Purchase of Goods; Warranty; Limitation of Liability

1. The Site and the Services are a platform that seek to provide you with access to third party goods and services in an environment that allows you to compare and learn more about third party products sold or distributed by TBP via the Site and/or the Services (the “Products”) that is right for you.

2. You understand that TBP is not the manufacturer of the Products and that TBP does not and shall not assume any liability whatsoever for use of, injury from, or defects which may be claimed in, any Products. You hereby agreed to look to the manufacturer and/or supplier of the product for any claims regarding breach warranty (if any) or product liability as you understand that TBP does not manufacture and/or supply the Products.
3. With regard to communication with TBP’s staff, it is agreed and acknowledged that TBP’s staff is only provided to assist in your selection and identification of the Products. You are always advised to seek the assistance of a qualified licensed installer to ensure the proper installation of any of the Products and compliance with local codes and ordinances, and you understand that TBP does not provide any installation services or installation consulting. TBP expressly disclaims and shall not be liable for any claims for damage, injury, cost or expense suffered or incurred as a result of or otherwise caused by the installation or use of any of the Products.
4. Sales tax may be charged for orders shipped to U.S. states that legally require sales tax to be collected. Sales tax rates vary from state to state. The sales tax indicated on the sales order will be calculated to reflect applicable taxes at the time the payment is processed.
5. We try to accurately depict the colors/finishes and details of the Products. However, due to the fact the color/finish and product details you see is dependent on your computer or device monitor/screen, we cannot guarantee that the color/finish and details that you see will be accurate. The Products also may appear larger or smaller than their actual size depending on your device monitor/screen. Some photographs have been enlarged to show detail.
6. You hereby warrant and agree that you may not purchase any item from the Site and/or Services for purposes of reselling any such item by you or any other person and you may not resell any Products purchased from this Site, unless expressly agreed to in writing by an authorized representative of TBP. The prices displayed on the site are quoted in U.S. dollars. In the event a Product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we may choose to issue a credit to your credit card account.
7. TBP's acknowledgement of an order means that your order request has been received but it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. TBP makes a diligent effort to describe and display Products accurately on the Site and/or the Services. Despite these efforts, a small number of items on the Site and/or the Services may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and/or the Services and in our advertising through other media. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, Product images, specifications, availability, and services. TBP reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of Products offered on the Site and/or the Services. Every care is taken to ensure that the specification and description of our products are correct at the time of going to the Site and/or the Services, but accuracy of the foregoing cannot be guaranteed.
8. Drilling, sawing, sanding or machining wood products can expose you to wood dust, a substance known to the State of California to cause cancer.  Avoid inhaling wood dust or use a dust mask or other safeguards for personal protection (for more information click here: P65Warnings.ca.gov/wood.) In addition, some furniture contains chemicals that are on the Proposition 65 list because they can cause cancer and/or birth defects or other reproductive harm (for more information click here: https://www.p65warnings.ca.gov/about/frequently-asked-questions)

You are responsible for reviewing changes to this Agreement

1. This Agrement applies to all users of the Site and the Services.
2. TBP may make changes to this Agreement from time to time without specifically notifying you.
3. TBP will post the latest Agreement on the Site and may post it on TBP's mobile device applications, but it is up to you to review it before using the Site or Services.
4. If you continue to use the Site or Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement.
5. In addition, some services offered through the Site and the Services may be subject to additional terms and conditions specified by TBP from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Your Use of the Site and Services

Your registration and account security

When you use the Site or the Services you MAY be requested to provide TBP certain registration and account information, which TBP will rely on to provide you its products and services. The following are your obligations when creating, registering, and maintaining the security and accuracy of your account, in the event TBP asks you to create an account:

1. You will register your account for your own use and not for the use of another person, alter ego, or other identity.
2. You will create only one account for yourself.
3. You will not assign or transfer your account to anyone without first getting TBP's written consent.
4. You will not provide false or misleading information when you register an account.
5. If TBP terminates or disables your account, you may not create another account without first getting TBP's written consent.
6. You will keep your contact and other information requested by TBP (such as age, address, etc.) accurate and up-to-date.
7. You will not share your password, let anyone other than you access your account, or do anything that might compromise the security of your account.
8. If you select a username for your account, TBP reserves the right to remove or reclaim it for any reason, including that it is inappropriate in TBP’s sole determination.

TBP may add, edit, modify or delete anything on the Site or Services without notice

TBP is committed to delivering a positive user experience and you understand that TBP reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or though the Site and the Services in its sole discretion, without notice.

You are responsible for accepting updated versions of the Site and Services

1. If TBP provides updated versions of the Site and/or the Services and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.
2. If you do not accept updated versions of the Site and Services, TBP shall not bear any responsibility or liability for your decision.

You agree to let us monitor your activity on TBP mobile device applications and the Site and Services

1. Because TBP wants to continue to improve the Site and the Services for your benefit, we may monitor your activity on TBP mobile device applications, as well as on the Site and Services.
2. By using any TBP mobile device application or the Site and Services you specifically agree to allow TBP to monitor you in this manner.
3. You understand, however, TBP cannot and does not make any warranties or guarantees that: (i) any TBP mobile device applications or the Site and Services, or any component thereof, will be made free from error or inaccuracy as a result of such monitoring or free from unauthorized and/or unacceptable use as a result of such monitoring; (ii) any statements or factual items presented by the Services will be free from error or authenticated; or (iii) TBP will take any action in the event of any non-compliance with these Terms of Use.

You must be 18 or older to use the TBP Site or Services

1. You understand that you may not use the Site or the Services where such use is prohibited.
2. You understand that the Site and the Services are intended solely for users who are eighteen (18) years of age or older and can legally form a binding agreement.
3. Any use of or access to the Site or the Services by anyone under 18 is unauthorized. If you are 13 or older but under 18, you must have your parent or legal guardian’s permission to use the Site or Services and to accept the Terms of Use.
4. You represent and warrant that you are 18 or older, or entering this Agreement on behalf of someone who is between the ages of 13 and 18, and that you agree to abide by all of the terms and conditions of this Agreement.
5. TBP does not knowingly collect information from individuals who are less than thirteen (13) years of age.

It is your responsibility to make sure this Agreement and your use of the Site and Services complies with all laws applicable to you

1. You understand that TBP may, in its sole discretion, refuse to offer the Site or the Services to any person or entity and change its eligibility criteria at any time.
2. You are solely responsible for ensuring that this Agreement complies with all laws, rules and regulations applicable to you.
3. You understand that your right to access the Site or Services will be revoked where this Agreement or use of the Site or the Services is prohibited and, if that is the case, you agree not to use or access the Site or the Services in any way.

TBP may terminate your use of the Site and/or Services without reason or notice to you

While TBP respects its users, you agree that TBP may terminate your use of the Site and/or the Services and prohibit you from accessing the Site and/or the Services, for any reason, or no reason, and with or without notice.

Who Owns What and How You Can Use It

The copyright to all content on the Site and Services is owned by the provider of that content

1. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site and the Services (“Copyright Content”) are the property of TBP or its content suppliers and are protected under applicable copyrights, trademarks and other proprietary rights.
2. You may not copy, redistribute, use or publish any part of the Site or the Services, except as allowed by this Agreement.
3. You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Services.

You may not use trademarks appearing on the Site or Services in an infringing manner

1. You agree that TBP, Poetrydesigns, Com and other TBP graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of TBP or its affiliates (“Trademark Content”).
2. TBP trademarks and trade dress may not be used in connection with any product or service that is not TBP’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits TBP.
3. All other trademarks not owned by TBP or its affiliates that may appear on the Site or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TBP or its affiliates and may not be used by you.

You may use the TBP Site and Services for limited purposes

1. TBP grants you a limited license to access and make personal use of the Site and the Services.
2. TBP does not grant you the right to download (other than page caching) or modify the Site and the Services, or any portion of the Site and the Services.
3. You understand TBP does not grant you the right to: (a) resell or make commercial use (except as provided herein) of the Site and the Services or their contents; (b) make any derivative use of the Site and the Services or their contents; (c) download or copy account information for the benefit of a third party or merchant; or (d) use any data mining, robots, or similar data gathering and extraction tools.
4. You understand that the Site and the Services or any portion of Site and the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, other than as required for the limited commercial use granted herein.
5. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of TBP and our affiliates without express written consent.
6. You may not use any meta tags or any other "hidden text" utilizing TBP’s name or trademarks without the express written consent of TBP. Any unauthorized use terminates the permission or license granted by TBP hereunder.
7. You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Services.
8. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TBP so long as the link does not portray TBP, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
9. You may not use any TBP logo, third party manufacturer or supplier logo, or other proprietary graphic or trademark as part of the link without express written permission.

Some portions of the Services rely on Supported Platforms

1. You acknowledge that the Site and Services interoperate with several third party sites and services, including but not limited to Facebook, Instagram, and Pinterest (the “Supported Platform(s)”), and that some of the Services provided are highly dependent on the availability of such Supported Platforms. If at any time any Supported Platforms cease to make their programs available to TBP on reasonable terms, TBP may cease to provide such features to you without entitling you to refund, credit, or other compensation.
2. In order to use the features of the Services related to the Supported Platforms, you may be required to register for or log into such Supported Platforms on their respective websites. By enabling such Supported Platforms within the Site or Services, you are allowing TBP to pass your log-in information to these Supported Platforms for this purpose.

You have the necessary rights to share content and materials should you choose to

1. The Services permit you and other users to create, submit, share, post, copy, link, store and otherwise distribute certain information, images, photos, drawings, videos, icons, text and/or other content (“User Content”). You are responsible for your User Content, including without limitation its legality, reliability, and appropriateness.
2. You warrant that either: (a) your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in this Agreement; or (b) all parties whose materials are included in your User Content, or who contributed in any way, are depicted in, or have any rights to your User Content, have granted you permission to submit and license your User Content to TBP as set forth herein, with full knowledge that TBP may exploit it in any manner whatsoever. You make such warranties without TBP incurring any third-party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
3. You grant to TBP the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same.
4. You further agree that TBP is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site or TBP, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content, in any medium or format, including text messaging, blogs, and on other platforms or websites and without remuneration of any kind.
5. You further perpetually and irrevocably grant TBP the unconditional right to use and exploit your name, persona and likeness included in any User Content.
6. You also grant to TBP the right to sub-license and authorize others to exercise any of the rights granted to TBP.
7. You authorize TBP to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet, and you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

TBP’s Copyright Policy

TBP does not condone nor authorize activities on or through the Services that infringe copyright or intellectual property rights.  We will delete any infringing User Content if properly notified that such User Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, 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):

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of the material that you claim is infringing and where it is located on the Site or Services;
4. Identification of the URL or other specific location on the Site or Services where the material that you claim is infringing is located;
5. Your address, telephone number, and email address;
6. A 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;
7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at [email protected] or by mail at Copyright Agent, c/o Poetrydesigns, LLC, 130 E. 18th Street Unit 8N, New York, NY 10003.

TBP reserves the right to terminate your account or any user account that it determines to be a “repeat infringer." A repeat infringer is a user who has repeatedly been notified of infringing activity and/or has had User Content repeatedly removed from the Site or Services.

What Laws and Rules You Are Responsible For Following

You promise to comply with this Agreement and any laws or regulations applicable to you

1. You promise not to use the Site or the Services for any purpose that is prohibited by this Agreement.
2. You are responsible for all of your activity in connection with the Site and the Services.
3. You shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to you.

You agree to comply with TBP’s conduct policies when using the Site or Services

1. We do our best to keep the Site and the Services safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
   • You will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, or in any way exploit the Site or Services except as expressly authorized by TBP;
   • You will not take any action that imposes or may impose (as determined by TBP in its sole discretion) an unreasonable or disproportionately large load on TBP’s (or its third party providers') infrastructure;
   • You will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site or Services, except to the limited extent applicable laws specifically prohibit such restriction;
   • You will not interfere or attempt to interfere with the proper working of the Site and/or the Services or any activities conducted on the Site and/or the Services;
   • You will not bypass any measures TBP may use to prevent or restrict access to the Site and Services (or other accounts, computer systems or networks connected to the Site and Services);
   • You will not run any form of auto-responder or "spam" on the Site and/or the Services;
   • You will not use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site and/or the Services;
   • You will not harvest or scrape any content or materials from the Site and/or the Services, or duplicate the site in any way;
   • You will not copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
   • You will not threaten, intimidate or harass another user;
   • You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birth date, home address, IP address, credit card number, social security number, or other government-issued identification information) for commercial or unlawful purposes;
   • You will not upload, post, transmit, share, store or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   • You will not upload, post, transmit, share, store or otherwise make available any content (such as a picture on a profile page) other than those of a personal nature that: (i) are of you, (ii) are taken by you, or (iii) are original content created by you;
   • You will not otherwise take any action in violation of TBP’s guidelines and policies.
   • You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birthdate, home address, IP address, social security number, or credit card number) for commercial or unlawful purposes.
   • You will not falsely represent your identity or impersonate a third party, nor will you falsify or mislead third parties regarding your affiliation with any entity.
   • You are solely responsible for all Submissions. “Submissions” means anything that a user transmits to the Site and/or the Services in the course of using the Site and/or the Services. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of any statement or any other detail contained in the Submissions.
   • You will not use the Site and/or the Services in any manner or transmit any Submission that: infringes (or results in the infringement of) TBP’s or any third party’s intellectual property or other rights; is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized, or pornographic material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to the location(s) of all other parties to the transaction, or; would cause TBP to be in violation of any law or regulation, or to infringe any right of any third party; and
   • You will not transmit any Submission and will not use the Site and/or the Services to post, store, transmit, offer, or solicit anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes, or items associated with such an entity); material that is racially or ethnically insensitive; material that is defamatory, harassing or threatening.

TBP is not responsible for what happens outside of the Site and Services, including third party websites that the Site or Services may link to or advertise  

1. TBP or its business partners may present advertisements or promotional materials via the Services.
2. Your dealings with, or participation in promotions of any third-party advertisers via the Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion.
3. You agree that TBP is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Services.
4. You understand the Site and the Services may contain (or you may receive from TBP, third parties or users) links to other web sites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, recipes, video, information, software, applications and any other content (“Third Party Content”).
5. You understand and agree that TBP is not responsible for, and does not control, Third Party Sites and Third Party Content. You also understand and agree that TBP is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Sites and Third Party Content.
6. You acknowledge and agree that TBP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Site or Third Party Content.

Legal Conditions

TBP’s liability is limited

1. TBP is not responsible for any Third Party Sites, Third Party Content, Supported Platforms, or any other content posted on the Site or the Services, whether posted or caused by users of the Site or the Services, TBP, third parties or by any of the equipment or programming associated with or utilized in the Site or the Services.
2. Neither TBP nor any of its affiliates, advertisers, promoters or distribution partners ,manufacturers and suppliers, shall be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Services, anyone’s use of items or goods purchased via the Site or Services.

WE TRY TO KEEP THE SITE AND SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE SITE AND THE SERVICES IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION, SITE AND THE SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL TBP OR ITS DIRECTORS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, OR THE SITE. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (AND YOU HEREBY ACKNOWLEDGE THAT ANY AND ALL PRODUCT LIAIBLITY CLAIMS AND/OR DAMAGES ARE PROPERLY DISCLAIMED DUE TO THE FACT THAT TBP IS NOT THE MANUFACTURER OF ANY PRODUCTS PURCHASED VIA THE SITE AND/OR THE SERVICES). NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE/SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

TBP DOES NOT CONTROL THE INFORMATION PROVIDED BY THIRD PARTIES OR SUPPORTED PLATFORMS ON THE SITE OR SERVICES, AND THEREFORE SHALL NOT BE RESPONSIBLE FOR YOUR RELIANCE ON ANY INFORMATION OR STATEMENTS MADE ON OR THROUGH THE SITE OR SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO STATEMENTS MADE BY (1) USERS RELATED TO ANY PRODUCTS AVAILABLE THROUGH THE SITE AND/OR SERVICES, AND (2) ANY THIRD PARTY STATEMENTS, INCLUDING THOSE OF OTHER USERS.

TBP’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE FEES, IF ANY, PAID BY YOU TO US FOR THE SERVICES AND USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU SHALL EXCEED $5 YOU AGREE THAT DISPUTES BETWEEN YOU AND TBP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

You agree to indemnify TBP

You agree to indemnify, defend, and hold harmless TBP, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, members, managers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys' fees, arising out of or in connection with: (1) your use of the Site and/or the Services, (2) any User Content, Third Party Content, Third Party Sites and any other content, (3) your violation of this Agreement, or of any law or the rights of any third party, and (4) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.

You agree that New York law applies to this Agreement

Subject to the arbitration clauses included below, if there is any dispute arising out of the Site and/or the Services, by using the Site and/or the Services, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute.

Your general representation and warranty

1. You represent and warrant that:
   • You will use the Site and Services in accordance with the Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside)
   • You will use the Site and the Services so as not to infringe or misappropriate the intellectual property rights of any third party.

Other Terms

1. You and TBP agree that any cause of action arising out of or related to the Site and/or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
2. You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
3. You agree any arbitration shall take place in New York, New York in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
4. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.
5. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
6. TBP may assign its rights under this Agreement without condition.
7. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.