Legal Disclaimer and Terms of Use
LouisesAttic.com website is a classified ad specifically dedicated to antiques, vintage and collectible items. It also can provides other related services associated with these items. Louise's Attic offers both a free classified ad and a fee paid classified ad service. Our service has limitations and risks that you must be aware of before participating. Prior to, and as a condition of your participation, you (hereinafter You or Yours or User) must agree to abide by our Terms of Participation. By using our classified ad service, you are accepting these Terms. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS THIS SITE.
TERMS OF PARTICIPATION
1. Buying and selling through LouisesAttic.com is available only to individuals who can form legally binding contracts under applicable law. This excludes all minors (persons who have not reached their eighteenth birthday). In addition, minors may not place or respond to a personal advertisement."
2. LouisesAttic.com reserves the right to modify the Terms of Participation at any time and without prior notice or reason. We may change or end our or Your use of our service at any time and for any reason.
3. Louise's Attic is not involved in any transaction between any party who uses our site. There are risks which You assume when dealing with people who might be acting:
Under false pretenses; all of these risks are borne by You. We are a venue only and do not screen or censor or otherwise control the listings offered to other Users, nor does LouisesAttic.com screen or censor or otherwise control the Users of its service. LouisesAttic.com cannot and does not control the behavior of the participants on this site. We cannot control whether or not Users of the LouisesAttic.com classified service will complete the transactions they describe on our site. IT IS EXTREMELY IMPORTANT THAT YOU USE CARE THROUGHOUT YOUR DEALINGS WITH OTHER PEOPLE ON THIS SITE!
4. If there is a dispute between participants on this site, Louise's Attic is under no obligation to become involved. In the event that You have a dispute with one or more Users, You hereby release, Louise's Attic, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
5. The Louise's Attic classified ads service may be used only for lawful purposes. The violation of any applicable local, state, federal or foreign law or regulation is prohibited.
6. Louise's Attic prohibits the transmission, distribution or posting of unwanted or offensive content. It is Your responsibility, and you agree to comply with all requirements, legal or other. Additional prohibitions include misleading offers that do not list the total purchase price or a "bait & switch" of products, advertisements listed in the incorrect category, the sale or distribution of firearms, weapons or controlled substances, make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another e-mail address other than Your own, any posting with the goal of harassment of another, sexual requests, racial slurs or comments, harassment, placing a fraudulent ad, unsolicited advertising (whether commercial or informational) and unsolicited e-mail or advertisements. Further, Louise's Attic prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, and User account numbers/ passwords or similar financial information. Even though all of this is strictly prohibited, there is a chance that You might become exposed to such items and You further waive Your right to any damages (from Louise's Attic) related to such exposure.
7. Louise's Attic prohibits the listing or sale of the following goods for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation including the following:
Food (other than packaged food meeting all applicable federal state and local standards for sale to consumers by commercial merchants)
Alcoholic beverages (except if You are reselling an alcoholic beverage that was initially purchased from a retailer and it still in its original container and it is legal to deliver to the buyer and into the jurisdiction where the buyer is)
Cigarettes or any other tobacco product for human consumption
Pharmaceuticals or any other controlled substance
Dangerous, counterfeit or stolen goods
Goods which do not actually exist
Any good that infringes or violates anyone's rights
Any item which in Louise's Attic sole discretion is inflammatory, offensive or otherwise inconsistent with Louise's Attic standards of business ethics.
Any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive.
We reserve the right to remove any content posted on our site at any time for any reason and without refund. Louisesattic.com will make decisions as to whether content violates any Terms in its discretion after we have actual notice of such posting. We treat free members and fee paid members equally when dealing with terms violation. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our site. When using Louise's Attic classified ads, please do not post material that:
- Contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature.
- We do not accept any ads for "Escorts services".
- We do not accept any ads which contain any adult content, here are some other examples of unacceptable content:
- Lewd or provocative images;
- Crude or indecent language, including adult stories;
- Sexual tips or advice;
- Sexual fetish sites (e.g. foot fetish content);
- Adult toys or products.
- We do not accept any ads for "dating" type websites.
- Is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.
- Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
- Violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance.
- We do not accept ads for, or linking to, prescription drugs or pharmacies.
- Uploads copyrighted or other proprietary material of any kind on LouisesAttic.com without the express permission of the owner of that material.
- Uploads or transmits viruses or other harmful, disruptive or destructive files.
8. Louise's Attic strongly opposes SPAM, which floods the Internet with unwanted and unsolicited e-mail. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited.
9. If Louise's Attic, in its sole discretion, determines that a violation of the Terms of Participation has occurred, Louise's Attic may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site. Louise's Attic could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. Louise's Attic will cooperate with any investigation by any Federal, State, or local body or any court or tribunal legitimately exercising it's rights. Such cooperation may be without notice to You. If Louise's Attic believes in its sole discretion that any ad may create liability for Louise's Attic, Louise's Attic may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability. In sum, Louise's Attic reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice or refunding any fees or costs.
10. User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the Louise's Attic service. We may also, in our sole discretion, add or delete fees associated with the Service. If applicable, we will notify our Users by posting new fees and costs on the Website prior to purchasing of these services.
11. DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND ON AN AS AVAILABLE BASIS. LOUISE'S ATTIC 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.
12. LOUISE'S ATTIC MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LOUISE'S ATTIC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE.
13. USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION.
14. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM LOUISE'S ATTIC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.
15. LIMITATION OF LIABILITY. USER AGREES THAT LOUISE'S ATTIC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF LOUISE'S ATTIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT LOUISE'S ATTIC SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT LOUISE'S ATTIC SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE. In sum, in no event shall Louise's Attic be liable to You for any damages, losses, and causes of action arising out of your use of the Louise's Attic classified ads service.
16. You give us a non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in Your listings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by You, (the User) to Louise's Attic The User Data shall be deemed to be the property of Louise's Attic. You shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.
17. No Resale or Unauthorized Commercial Use. You agree not to resell or assign Your rights or obligations under these Terms of Participation. You also agree not to make any unauthorized commercial use of the Service.
18. LICENSE
The entire contents of LouisesAttic.com Website including the software, photos and design is specifically licensed to Louise's Attic LLC. Subject to Your compliance with the terms and conditions of this Agreement, Louise's Attic does not grants You an exclusive or sublicensable, as stated in this Agreement, transferable license to use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of LouisesAttic.com or any other party. The use of the Website LouiseAttic.com granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate and without refund.
19. Other's Information. You agree not to make use of anyone else's Information other than as necessary to participate in the Louise's Attic classified ads and to promptly complete any Louise's Attic classified ads transactions in which You are involved.
20. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Louise's Attic and any User of the Service.
21. LINKS AND CONTENT. We may provide the opportunity for third parties to submit, post, transmit or otherwise make available information, data, text, photographs, sound, graphics, video, messages, reviews or other materials ("Content") though this site. Because we either do not review and/or have no control over such sites, resources, and Content, you acknowledge and agree that we are not responsible for any Content, nor for the availability of such sites, and resources, and that we do not endorse and are not responsible nor liable for any such sites or resources, nor for any Content contained therein, and you understand that all Content is the sole responsibility of the person from whom such Content originated. You further acknowledge and agree that we are not responsible or liable, directly nor indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, site or resource.
22. Notice. Any notice to You or to us shall be made by either e-mail. We may also give notice of changes to these Terms of Participation or other matters related to the Louise's Attic classified ads by displaying notices to Users on the Website.
23. This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
24. These Terms of Participation and the relationship between User and Louise's Attic shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. User and Louise's Attic agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Louise's Attic owner(s) residence.
25. The failure of Louise's Attic to exercise or enforce any right or provision of these Terms of Participation shall not constitute a waiver of such right or provision. If any provision of these Terms of Participation is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Participation shall remain in full force and effect.
26. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the these Terms of Participation must be filed within one (1) year after such claim or cause of action arose or be forever barred.
27. International Users If you access this site from a location outside the United States, you are responsible for compliance with all applicable laws including laws of your jurisdiction and U.S. export laws and regulations.
28. Sales are final. No Refunds: By placing an ad through Louise's Attic service, you agree to pay the fees specified in the package you select, regardless of whether your item sells as result of the ad. Take care in selecting your ad package and entering your ad information.
We are not responsible for errors made in submitting advertising. If there is an error in any advertisement placed online, it is the responsibility of the person placing the ad to correct the ad. We are under no obligation to give any credit for errors made in ad placement made by you. If Louise's Attic does elect to provide any type of refund it will be given in the form of a credit for material errors caused by you. Users may receive a credit toward the purchase of future advertising equal to the value of the advertisement for the time during which the material error existed (maximum one week). All such credit applied to future advertising only –
NO REFUNDS.
29. Please help us keep the Louise's Attic.com site an enjoyable experience for all Users, if You observe material or behavior that may violate one of the Louise's Attic of participation, please contact Louise's Attic at vintage@louisesattic.com.
