Acceptance of Terms and Conditions.
- a. By registering for and/or using the Services in any manner, you agree to these Terms and Conditions and all other operating rules, policies and procedures that may be published through the Services, each of which is incorporated by reference and each of which may be updated from time to time.
- b. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms and Conditions by this reference.
You represent and warrant that you are at least 18 years of age. If you are under 18 years old, you may not use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules, and regulations applicable to you, and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule, or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Access to some parts and features of the Services may require you to have an active AmzBarley account (“Account”). You can register for an Account by providing an email and password or by logging in via Facebook (an example of a “Third Party Account”). By signing into the Services through or linking your Account to any Third Party Account, you permit us to access and aggregate certain information from your profiles and the profiles of individuals you are connected with on such sites for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account. You must provide accurate and complete information and keep your Account information updated. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s Account or registration information without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security, or unauthorized use of your Account. You should never publish, distribute, or post login information for your Account. You shall have the ability to delete your Account by emailing one of our employees at email@example.com, requesting that we delete your Account from the Services.
Overview of Services.
- AmzBarley offers you access to children’s clothing items selected for you based on your child’s style preferences. There is no obligation to purchase any clothes after registering.
- You will only use the Services and Products you obtain for your non-commercial use and only in a manner that complies with all laws that apply to you. If your use of the Services or Products is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services or Products in a way that breaks the law.
- You will not share your AmzBarley User ID, account or password with anyone, and you must protect the security of your AmzBarley User ID, account and your password and any other access tools or credentials. You’re responsible for any activity associated with your Piccolina User ID and account.
- Eligibility. In order to activate your Account or submit an order for Items or other products through the Services, you must be at least 18 years old and have a valid credit card, with full authority to use it. Although most of the products available for purchase on AmzBarley are children’s products, it is our policy to only sell them to adults.
- Prices; Colors; Availability. All prices listed on the Services are subject to change. Although we try to make sure the Services only display accurate prices, and we try to assist in correcting errors as we become aware of them, you may occasionally encounter mispriced items on the Services. In the event an Item or other product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel any order prior to shipment of such order, even if the order has been confirmed and your credit card has been charged. Please note that the colors of Items and other products may depend on the settings of your monitor or screen, and therefore the color of a product on your display may differ from the product you actually receive. All size and measurement information is approximate, but we make every effort to ensure that information is as accurate as possible. Although we try to display updated inventory information on the Services, the availability of Items and other products on the Services may change at any time, without notice.
- Shipping; Order Confirmation; Returns. Please see our Shipping and Returns Policy here for information regarding these policies.
- Payment Processing. AmzBarley does not process payments made through the Services—that is handled by our third party payment processor (“Payment Processor”). The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processors that the Payment Processor may use as well as the Terms and Conditions or any applicable terms of the Payment Processor. We currently use Stripe as our Payment Processor ( www.stripe.com). Additional payment terms may be set by our Payment Processor. For each product or service you order through the Services, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges, and any delivery fees for the delivery service you select, if applicable) as of the time you submitted the order. The total charge for your purchase may include shipping fees and state and local sales tax, the amount of which varies due to factors including the type of item purchased and the shipping destination. Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges on orders shipped to any other state. Upon your acceptance of Items contained within your Box, our Payment Processor may automatically bill the total amount of your order to the payment method you provide (“Payment Method”), such as the credit card you submit as part of the order process. We and our Payment Processor reserve the right to correct any errors or mistakes in payment amounts, even if the applicable payment processor has already requested or received payment. By submitting your payment information to us, you authorize us to charge your credit card or other payment method then available in accordance with this policy. To mitigate potential fraud, at our sole discretion, we may authorize your credit or debit card up to the full retail amount of your order prior to shipment.
- Payment Method. The terms of your payment will be based on the Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method.
- Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR ALL ORDERS PLACED AND ALL PAYMENTS MADE THROUGH THE SERVICES. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT INFORMATION CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE). If our Payment Processor does not receive payment from you for a purchase you make through the Services, you agree to pay all amounts due by you upon demand.
- Errors, Inaccuracies, and Omissions. Despite our efforts, errors may appear from time to time. Therefore, we cannot guarantee the accuracy or timeliness of any Content (defined below) made available through the Services. Occasionally there may be information on our Site, application, or Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site, application, or Services is inaccurate at any time without prior notice (including after you have submitted your order).
- Definition. For purposes of these Terms and Conditions, the term “Content” includes, without limitation, information, data, text, photographs, product information, reviews, testimonials, advertisements, articles, videos, audio clips, written posts, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
- User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
- Notices and Restrictions. The Services may contain Content that is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.
- Use License. Subject to these Terms and Conditions, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution, or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
- Sharing. Occasionally, the Services will expressly allow you to redistribute, or “share,” certain Content for personal, non-commercial use, such as through your social network account, blog, or email when you think the Content will be of interest to others in your social network. When Content is authorized for sharing, we will clearly identify the Content that you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. However, please note that we may revoke this authorization at any time. Additionally, if you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.
- License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services, and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
- Feedback. Any developments or modifications (including all related intellectual and proprietary rights) made by us or you, either independently or at our direction, in any way relating to the Services (whether or not influenced, made or suggested by you), and any feedback, suggestions or other information you provide to us relating to the Services, regardless of how or where provided, shall be our sole property.
Availability of Content; No Duty to Monitor.
We do not guarantee that any Content will be made available on the Site and application, or through the Services. We reserve the right to, but do not have any obligation to, (a) remove, edit, or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all; and (b) to remove or block any Content from the Services. We neither endorse nor guarantee the accuracy, propriety, or timeliness of any User Content.
Rules of Conduct.
- a. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activity in connection with the Services.
- b. You shall not (and shall not permit any third party to) either (1) take any action or (2) upload, download, post, submit, or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that: i. infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity or violates any law or contractual duty; ii. you know is false, misleading, untruthful, or inaccurate; iii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane, contains or depicts inappropriate nudity, or is otherwise inappropriate as determined by us in our sole discretion; iv. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); v. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party; vi. impersonates any person or entity, including any of our employees or representatives; or vii. includes anyone’s identification documents or sensitive financial information.
- c. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems, or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
- d. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
- e. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of us, our users, and the public.
Links to Third Party Services.
The Services may permit you to link to other websites, services, or resources on the Internet (“Third Party Sites”), and other websites, services, or resources may contain links to the Services. When you access Third Party Sites, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we 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 on any such content, goods, products, or services available on or through any such website or resource. All matters concerning transactions you have with any Third Party Sites are solely between you and the third party with whom you choose to transact, and we are not a party to any such transactions. We make no representations or warranties with regard to any goods or services provided by any third parties.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by emailing one of our employees at firstname.lastname@example.org, requesting that we delete your Account from the Services. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- a. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: i . which users gain access to the Services; ii . the Content or products you access via the Services; or iii . how you may interpret or use the Content or products.
- b. WE PROVIDE THE SERVICES (INCLUDING THE SITE AND APPLICATION) “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS) DO NOT MAKE ANY (AND HEREBY DISCLAIM ALL) WARRANTIES OR GUARANTEES ABOUT THE SERVICES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES (I) THAT THE SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, OR ANY OTHER MATERIALS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR FREE, FIT FOR A PARTICULAR PURPOSE, NON-INFRINGING, OR THAT THEY WILL MEET YOUR REQUIREMENTS; (II) ARISING FROM OR IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OR TRADE; (III) REGARDING RESULTS OF USE; (IV) THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT THEY WILL OPERATE ERROR-FREE OR FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS; OR (V) ABOUT THE INFORMATION SYSTEMS, SOFTWARE, AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
- c. You shall and hereby do waive laws of any jurisdiction, which says in substance: “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.”
- d. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.
General. In the interest of resolving disputes between you and AmzBarley in the most expedient and cost effective manner, you and AmzBarley agree that any dispute arising out of or in any way related to these terms and conditions. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms, or AmzBarley or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises.
- Governing Law and Jurisdiction. These Terms and Conditions shall be governed by and construed in accordance with the laws of the People’s Republic of China. You agree that any dispute arising from or relating to the subject matter of these Terms and Conditions shall be resolved in the People’s Republic of China.
We reserve the right, in our sole discretion, to modify or replace any of these Terms and Conditions, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Services following notification of any changes to these Terms and Conditions constitutes acceptance of those changes.