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TERMS OF SERVICE

(Effective Date: 01/01/2012)

GENERAL OVERVIEW

By using the prettypractical Site and corresponding Services, you agree to be subject to the following Terms of Service ("Terms"). You consent to the governance of the Terms and Privacy Policy each time you use the Site and Service. prettypractical disclaims to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on material appearing on this Site. If you do not agree with the Terms or Privacy Policy, please do not use the Site.

prettypractical may make changes to these Terms from time to time. When these changes are made, we will provide an updated version of the Terms to you on the Site. You understand and agree that if you use the Services after the date on which the Terms have changed, prettypractical will treat your use as acceptance of the updated Terms.

LICENSE

prettypractical grants you a limited license to access and make personal use of the Site and not to download or modify any portion of it, except with the express written consent of prettypractical. You may not resell or make any commercial use of the Site or its contents - any collection or use of any product listings, descriptions, or prices, any derivative use of this Site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools is expressly prohibited. No portion of the Site may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purposes without the express and prior written consent of prettypractical.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of prettypractical without prior express written consent. You may not use any metatags or any other hidden text utilizing prettypractical’s name or trademarks without the express written consent of prettypractical. Any unauthorized use of the Site terminates license granted to you by prettypractical.

USER CONTENT, LINKS OR THIRD PARTY SELLERS

The Site may contain (a) User content provided by other Users, (b) links to other sites operated by third parties, (c) advertisements and/or sponsorships provided by third parties; and (d) stores, services, or product lines offered by third parties. We have no control over and are therefore not responsible, nor do we assume any liability for any matter in (a), (b) or (c) above. You use all such material at your own risk. We shall not be required to be involved in any disputes between you and any such third parties. When you leave or are redirected away from our site, these Terms and Privacy Policy no longer govern.

You hereby release us, our subsidiaries, affiliates, officers, employees, agents, and successors from any claim, demands, losses, damages, rights, and actions of any kind whatsoever that is directly or indirectly related to third party materials or third parties in general.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

LICENSE GRANTED TO US

By submitting or uploading any comments, feedback, materials, or other content for use on the Site you represent and warrant that you are the owner of all rights to such content and that such content does not violate our Terms and you further thereby grant to us, and agree to grant to us, an irrevocable, perpetual, royalty-free, fully paid-up, worldwide license (with the right to sublicense) in all languages to use, reproduce, distribute, publicly display, publicly perform, prepare derivative works of, modify, sell and otherwise exploit all or any part of such content in our exclusive discretion any by any method now existing or hereinafter devised, subject to the provisions of our Privacy Policy.

Subject to the Privacy Policy, any User content will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

ACCOUNTS / REGISTRATION

prettypractical’s products and services are offered exclusively to private users and not to commercial resellers. prettypractical reserves the right to cancel any User accounts that violate this provision at any time. In order to access some Services, you may be required to provide information about yourself, such as identification or contact details. These details may be requested as part of the registration process or as part of a User's continued use of the Site. You agree that any registration information you give to prettypractical will be accurate at the time it is submitted, and that you will update this information as necessary in a timely manner.

During the registration process, you will be required to choose a Username. You agree and understand that you are responsible for maintaining the confidentiality of the password associated with any account you use to access the Site and that your User account will only be used by you.

RULES AND RESTRICTIONS

Without limiting other remedies, we may limit, suspend, or terminate our Service and User accounts, prohibit access to our Site and its content, services, and tools, delay or remove any content, including any User content and take technical and legal steps to keep Users off the Site if we believe they are engaging in inappropriate or forbidden behavior, causing potential legal liabilities, infringing the intellectual property rights of third parties, or otherwise acting inconsistently with these Terms. We also reserve the right to cancel accounts that have been inactive for a certain period of time, or to modify or discontinue the prettypractical Site or Service at any time.

You agree to use the Services only for purposes that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree not to post User content that plagiarizes, violates or infringes upon the rights of any third parties, including trade secrets, copyright, trademark, trade dress, privacy, patent, moral right, publicity, or other personal or proprietary rights, and/or contains unlawful, tortious, threatening, harmful, vulgar, defamatory, false, intentionally misleading, libelous, pornographic, obscene, patently offensive, inappropriate, offensive, harassing, or other unacceptable material or materials that are harmful to minors. You also agree not to engage in any activity that circumvents, interferes with or disrupts the Services (or the servers and networks connected to the Services) or any User experience of our Services including but not limited to the following: accessing any of the Services by means other than through the interface provided by prettypractical; manipulating our fee structure, the billing process, or fees owed to prettypractical; distributing spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes; or collecting information about Users, including email addresses ("scraping"), without their consent. You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences, including any loss or damage which prettypractical may suffer, of any such breach. In case of a breach of these Terms, prettypractical reserves the right to withhold deliveries.

PAYMENT

Unless otherwise stated, all fees and prices are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with products on our Sites in a timely manner using a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.

DELIVERY

All items purchased from prettypractical are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery of the item to the carrier. Unless otherwise stated, delivery will be made directly from our third party suppliers or from our warehouse to the shipping address provided by you. Deliveries are made solely within the 50 states of the United States (explicitly excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands). Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii, please check notifications on the detail pages of the auctions in advance.

You acknowledge that delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. Please contact our service department if an item is not delivered within the indicated time so that we can attempt to resolve the matter. prettypractical shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to prettypractical upon taking delivery.

Should prettypractical not be able to deliver the item ordered, prettypractical shall be entitled to provide a refund of the purchase price to you at your election.

RETURNS / REFUNDS

If, within 30 days of delivery of an item, you decide you no longer want the item, prettypractical will refund you with the amount that you paid for the item less original delivery costs, provided that you have returned the item to prettypractical, the item is still in its original packaging and the item is not damaged or used. Returns or refunds must be first initiated by contacting the prettypractical customer service team in writing (by letter or email) within the 30 day period in order to be executed. Products or items can only be returned in their entirety as purchased.

INFORMATION INACCURACIES

There may be information on the website that may contain errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. prettypractical reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after you have submitted your order. If a product offered by prettypractical is not as described, your sole remedy is to return it in its unused condition pursuant to our return policy above.

DISCLAIMER OF WARRANTY

We do not control or participate in warranty-related activity. THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY PRETTYPRACTICAL ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NEITHER PRETTYPRACTICAL, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS OR LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PRETTYPRACTICAL, ITS AFFILIATES, RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. PRETTYPRACTICAL, ITS AFFILIATES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM PRETTYPRACTICAL ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, PRETTYPRACTICAL DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT.

LIMITATION OF LIABILITY

YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, PRETTYPRACTICAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES: INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS OR GOODWILL, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT), OR THIRD-PARTY MATERIALS OR WEB SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO PRETTYPRACTICAL FOR THE APPLICABLE TRANSACTION GIVING RISE TO THE LIABILITY, OR, IF THERE IS NO PAID TRANSACTION RELATED TO THE LIABILITY, THE LESSER OF THE AMOUNTS PAID BY YOU TO PRETTYPRACTICAL IN THE PRIOR TWELVE (12) MONTHS AND FIFTY DOLLARS ($50). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD PRETTYPRACTICAL AND ITS SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

RESERVATION OF RIGHTS

prettypractical retains the right, but does not have the obligation, to immediately stop any product sale, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, inappropriately categorized items, product inaccuracies, unlawful items, procedures, or actions otherwise prohibited by the procedures or Terms of the Site, or for any other reason in the exclusive discretion of prettypractical.

TERMINATION OF YOUR ACCOUNT

If you want to terminate your legal agreement with prettypractical, you may do so by (a) notifying prettypractical at any time and (b) closing your accounts for all of the Services which you use, where prettypractical has made this option available to you. Your notice should be sent, in writing or via email, to prettypractical’s address which is set out at the beginning of these Terms.

prettypractical may at any time, terminate its legal agreement with you if:

  1. (a) You have breached any provision of the Terms (or have acted in manner which demonstrates your unwillingness or inability to comply with the Terms); or
  2. (b) prettypractical is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
  3. (c) The provision of the Services to you by prettypractical is, in prettypractical’s opinion, no longer commercially viable.

If these Terms come to an end, all of the legal rights, obligations and liabilities that you and prettypractical have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of the General Legal Terms below shall continue to apply to such rights, obligations and liabilities indefinitely.

INTELLECTUAL PROPERTY

All content included on this Site, such as text, compilations, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of prettypractical or its third party suppliers/licensors and may be protected by United States and international copyright laws. prettypractical, prettypractical.net and other prettypractical.net graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, service marks or trade dress of prettypractical in the U.S. and/or other countries. prettypractical’s trademarks and trade dress may not be used in connection with any product or service that is not prettypractical’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits prettypractical.

All other trademarks not owned by prettypractical that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by prettypractical. The absence of a trademark, trade name or service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. Patent applications owned by prettypractical may also apply to this site and to the features and services accessible via the site.

THREATS

prettypractical tries to cater to all of its Users' needs. We will not tolerate any threatening behavior from our customers. Such action is just cause for termination from the Site.

ABUSE OF TERMS

Abuse of these Terms will lead to auction annulment and/or the User being barred from further participation on the Site.

COMPENSATION CLAIMS

prettypractical is not a retailer of the products which are auctioned off and therefore, is not responsible for guarantees and compensation claims. For compensation claims and guarantees, the auction winner must deal with the retailer. Upon request prettypractical may supply the information needed for the User to contact the subcontractor for a replacement of the product.

PRIVACY

The protection of your data is very important to prettypractical. For more information on the collection, processing, and use of personal data, please also refer to our Privacy Policy.

HACKING

Hacking is illegal and will be prosecuted by prettypractical to the fullest extent the law allows. Hacking into our system to gain free products will also result in a permanent ban from the site.

DMCA POLICY

If you are notifying prettypractical of alleged copyright infringement, please be sure to provide the following information in the form required by 17 United States Code Section 512: A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works; a description of the allegedly infringing material and information sufficient to permit us to locate the material; information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address; a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and a statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.

Please contact us at info@prettypractical.net for any inquiries.

We may terminate the privileges of any user who uses the prettypractical Site unlawfully to transmit copyrighted material without a license, express consent, valid defense or other exemption to do so.

INVESTIGATION

As permitted by applicable law and consistent with our Privacy Policy, prettypractical has the right, but not the obligation, to monitor any activity and content associated with this Site. prettypractical may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, including listings and bids. prettypractical reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable.

DISCLOSURE OF INFORMATION

As permitted by applicable law, prettypractical also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect prettypractical’s systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of prettypractical’s business and systems or other purposes deemed reasonable by prettypractical, prettypractical may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.

COMPLIANCE WITH LAW; FRAUD

The Site and Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services and purchasing items. You may not register under a false name or use an invalid or unauthorized credit card. Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and prettypractical will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

NO WAIVER

prettypractical’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of prettypractical’s right to subsequently enforce such provision or any other provisions of this Agreement.

GENERAL LEGAL TERMS

The Terms constitute the whole legal agreement between you and prettypractical and govern your use of the Services (but excluding any services which prettypractical may provide to you under a separate written agreement), and completely replace any prior agreements between you and prettypractical in relation to the Services. You agree that prettypractical may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Site. If any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. The Terms, and your relationship with prettypractical under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions.

ARBITRATION

YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN CALIFORNIA AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR PRETTYPRACTICAL MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR PRETTYPRACTICAL PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.

The United Nations Convention on the International Sale of Goods shall not apply. The contract between you and prettypractical is binding on the parties and on their respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any contract formed under these Terms or any of their rights or obligations without prettypractical’s prior written consent. These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof.

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