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Terms and Conditions

Terms and Conditions:

1. Welcome.

Welcome to Mysale US which, together with the mobile site, apps, any extensions thereof, products or related third party sites, are hereinafter referred to as the "Website".  The Website and all of the information, tools and services available from the Website are provided as a service to our customers. Please review the following terms and conditions, hereinafter referred to as the “Agreement”.  As specifically provided for herein, your use of the Website constitutes your agreement to follow and be bound by the Agreement.  Therefore, please review this Agreement before each use of the Website. If, at any time, you do not agree to all of the terms and conditions, please discontinue your use of the Website. 

2. Definitions.


The following terms, when used throughout the Website and in this Agreement, shall have the following meanings:


- "We", "us", "our" and Mysale means OZSALE PTY Ltd the Australian company of Unit 5/111 Old Pittwater Road, Brookvale, NSW 2100 Australia.


- “You” and “your” means you, the customer and user of the Website.


- Products means goods sold by Mysale on this Website.


- Price means the price at which the Products are sold on this Website.


- Order means an order for Products on this Website.


- Recommended Retail Price means a price for the Products for comparison purposes as supplied to us by our suppliers.


3. Acceptance of these terms and conditions.


This Agreement, together with your Order, constitute the entire agreement and contract between you and Mysale for the supply of Products. No other terms and conditions will apply.  This Agreement cannot be modified or varied unless we agree to the same in writing.  By entering your information, opening a Mysale account, signing in or otherwise entering the Website you agree to accept these terms and conditions.   You also agree to accept our Privacy Policy which explains the personal information that we collect from you, how we collect and hold this information, and what we do with it after we collect it.  Please read all of these terms and conditions and our Privacy Policy as you hereby agree to be legally bound by them. Again, if, at any time, you do not agree to all of the terms and conditions, please discontinue your use of the Website.   Your continued use of this Website constitutes your agreement to these terms and conditions.


4. Right to Revise and Amend.


We reserve the right, at any time and at our sole discretion, to update, modify, suspend or discontinue the Website and this Agreement without prior notice.  We also reserve the right, at any time and at our sole discretion, to update, modify, suspend or discontinue any service, content, feature or product offered through the Website.  Additionally, we reserve the right, at any time and at our sole discretion, to charge fees in connection with the use of the Website; to modify and/or waive any fees charged in connection with the Website and/or offer products or  opportunities to some or all users of the Website.  You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website, or any service, content, feature or product offered.


5. Membership.


Mysale is part of APAC SALE GROUP PTE LTD. By signing up as a member of Mysale, you acknowledge that you will become a member of the APAC SALE GROUP PTE LTD group of companies and you agree that you may be contacted by any of its subsidiaries. This, however, does not affect your ability to unsubscribe from communications from these companies on an individual basis.  Mysale reserves the right to refuse or cancel any person's membership, remove or prohibit any person from using this Website for any reason whatsoever.

6. USA Sales Only.


We only sell and ship Products within the USA. We will not make deliveries outside of the USA.


7. Copyright/Trademark Information.


All content on this Website, including, without limitation, copy, images, logos, text, content, design, graphics, icons, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement of the same and the unique method of showcasing Products, is the exclusive property of Mysale and is protected by copyright, trademark and other applicable laws. Therefore, access to and use of the information and material appearing on this Website is restricted.  The name Mysale, APAC SALE GROUP or any related trademarks or logos may not be used in any advertising or publicity without specific, prior written permission.  Any access, copying, downloading or printing of the material appearing on this Website shall be for personal and non-commercial use only, provided the material is not modified and there is no deletion of any copyright, trademark or other proprietary notice that appears on the material that is accessed, copied, downloaded or printed. No right, title or interest in any accessed, copied, downloaded or printed material is transferred as a result of any such copying, downloading or printing and all such material shall continue to be the exclusive property of and owned by Mysale.  Any other use of the material, including, without limitation, the distribution, transmission, broadcast or publication thereof and the use thereof for any purposes which are competitive to Mysale, is expressly prohibited. 

8. Product Colors.


We have done our best to display as accurately as possible the colors of the Products shown on the Website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any particular color will be accurate.


9. Correction of Errors and Inaccuracies; Limitations on Quantity.


While Mysale makes every reasonable effort to present accurate information on this Website, the information may contain typographical errors or inaccuracies and may not be complete or current. Further, the information contained in this Website is subject to change without notice. We are not responsible for typographical, technical or descriptive errors of the Products appearing herein. We also reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time and without prior notice, including after you have submitted an order. Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities, including after you have submitted your order. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our return policy for details on how to obtain a refund.


10. Indemnification.

You hereby agree to indemnify and hold Mysale, its officers, employees, representatives, agents, affiliates, directors, subsidiaries, parents, joint ventures, successors,  managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs accruing before and at trial and on appeal) incurred in connection with: (1) your use of this Website, the mobile site, apps or any extensions of the Website, Products or third party sites; (2) your user content; and (3) any third-party claims, demands or actions ("Claim") brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify Mysale  or APAC SALE INC under this section, Mysale or APAC SALE INC will have the right to control the defense, settlement and resolution of any Claim, at your sole expense. You may not settle or otherwise resolve any Claim without the express written permission of Mysale or APAC SALE INC.


11. Limitation of Liability.


In no event shall Mysale, APAC SALE INC or any of its officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control be liable to you or any other third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Website, including the mobile site, apps and all extensions of the Website, Products or third party sites, even if we have been advised of the possibility of such damages.  Access to, and use of, the Website, the mobile site, apps, all extensions of the Website, products or third party sites are at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom.  Notwithstanding anything to the contrary contained herein, our liability to you and your sole and exclusive remedy for any damages arising from or related to this Agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of: (a) Fifty US Dollars ($50.00); or (b) the amounts you have paid Mysale or APAC SALE INC in the prior 12 months.  We agree that any claim between us must be bought within two (2) years after the Claim arises or the Claim is permanently barred.  Some jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.


12. Arbitration. 


Any dispute or claim relating in any way to your use of the Website, including the mobile site, apps and all extensions of the Website, Products or third party sites will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law shall apply to this agreement.  There is no judge or jury in arbitration and court review of an arbitration award is limited. An arbitrator can, however, award, on an individual basis, the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and, as a court would do, must follow the terms of this Agreement.  The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.  You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county and state where you live or at another mutually agreed location.  We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that Mysale may bring suit in court to enjoin infringement or other misuse of intellectual property rights.  By accessing and using the Website, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Mysale.

13. Legal Capacity to Transact.


By accepting this Agreement you acknowledge that you are over the age of eighteen (18) years. If you are under the age eighteen (18) years you cannot place orders with Mysale. Should Mysale suffer any damage or other losses as a result of a transaction entered into by a minor, Mysale reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Mysale.


14. DISCLAIMERS.

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYSALE RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. MYSALE EXPRESSLY DISCLAIMS: (1) ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (2) ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; (3) WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; (4) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (5) THAT THE SITE WILL BE SECURE; (6) THAT THE SITE OR THE SERVER THAT HOSTS THE SITE WILL BE VIRUS-FREE; OR (7) THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYSALE, OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. MYSALE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. 

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, THEREFORE, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. 

15. Placing Your Order.


You may place an Order by adding items to ‘My Cart’ on the Website, mobile site or apps and clicking the "Check Out" button. When you place your Order, we will issue you an Order Number. We will do this by email. By placing an Order, you make an offer under the terms of this Agreement, to purchase the Products you have selected.  No information on our Website constitutes or should be deemed as an offer by us to supply any Products, however, Mysale will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation via e-mail, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying all of the required information for each order placed, for the purpose of preventing credit card or payment fraud. Mysale and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in their sole discretion. We will confirm acceptance of your order when your order status moves to Dispatched in the My Account My Orders section of the Website, mobile site or apps. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.  You agree that, if we cancel your order in whole or in part, your sole and exclusive remedy is that we issue a refund in full for the cancelled order, whether whole or in part.  You agree that the refund will be made via the same method as the purchase and that where a purchase was made using a Mysale Voucher or discount that this portion will be refunded first via the provision of a Mysale voucher equal to the value of the voucher or discount used for the initial purchase.   When an order is cancelled in full we will also reimburse you the shipping and handling costs via your original payment method.  When an order is cancelled in part and the remainder of an order is shipped, the initial shipping and handling fee will remain.  In the instance that we cancel part of an order for any reason, it shall not constitute a cause for cancellation of any remaining part of the order.  Any subsequent issues regarding any remaining part or parts of the order will be handled in accordance with this Agreement as a separate and individual matter and your remedies under this Agreement will remain unaltered. 


16. Payment Methods and Processing.


MYSALE uses Cybersource and Bank Of America to provide a secure environment for the authorization of credit card and charge card transactions.  Confidential information including card details are encrypted using industry standard SSL 128-bit encryption technology.  Our payment page is also fully PCI DSS compliant. Please visit https://www.pcisecuritystandards.org/tech/ for more information.


17. Sales Tax.


Sales Tax will be levied at the appropriate rates at the time of purchase in the States of California, Nevada, New York and in any other location where it is, or becomes required.


18. Prices.


Mysale will use its best endeavours to list Products with the most competitive prices. Mysale reserves the right to change prices for Products displayed at the Mysale Website at any time. Our products are sourced from within the USA and international markets and as such some may not be available for sale in the USA. This means that there may be no US recommended retail price for some products. Where we have been able to establish that a Product is for sale in the country, we have used that Product’s market price as the recommended retail price. In other cases, a recommended retail price has been established by converting the price in the market from which the goods were sourced into USD.  The exchange rate used in conversion to USD is that which is applicable at the time the goods are first landed in the US as published by our bank.


19. Mysale Vouchers.


Each 'Mysale Voucher' is personal to the User receiving it, is not transferable, has no monetary value and under no circumstances can it be converted into currency.  Each 'Mysale Voucher' has an expiration date which cannot be modified.  The use of a 'Mysale Voucher' requires the total value of the Order (excluding delivery costs) to be higher than the monetary value of the discount given by the 'Mysale Voucher'.  Some discount 'Mysale Voucher's may specify a minimum spend in order to be used. In this case, the monetary value of the Order (excluding delivery costs) has to be higher than the minimum spend.  Under no circumstances can the value of a discount 'Mysale Voucher' be deducted from an order if that 'Mysale Voucher' is defective or out of date: no replacement 'Mysale Voucher's will be issued.  When an order is placed using a discount 'Mysale Voucher' and it contains a number of items, the value of the discount is spread over each item according to the pro-rated value of that item. Any refund of an item bought in such an order will be reduced by the value of discount attached to it.  We reserve the right to modify or amend at any time these guidelines and the methods through which benefits are earned. We reserve the right to disqualify you at any time from participation in our Mysale Referral Program and remove any existing Mysale Vouchers from your account.


20. Additional Conditions related to Travel Vouchers. 


Travel vouchers are issued by MYSALE, as agent for the Provider.  You must book your stay during the specified Booking Period, after which the voucher will lapse, if you have not made a booking.  Bookings must be made directly with the Provider.  Their contact details appear on the voucher.  The voucher can only be redeemed by you, being the person named on the voucher.  The voucher is non-transferable.  You will need to produce a copy at check-in, together with photo identification (such as your passport).  To redeem the voucher, you must be at least 18 years old.  The voucher is only valid for stays during the Travel Period, excluding any Black-Out Dates.  If the offer is for multiple nights, those nights must be taken consecutively.  If you have bought multiple vouchers for this offer, there is no guarantee that you will be able to use them for consecutive periods.  All bookings are subject to availability.  If you try to make a booking during the Booking Guarantee Period and your preferred dates during the Travel Period are unavailable, you will be entitled to a full refund.  You will be asked to provide evidence of your attempted booking, if you apply for a refund.  All refund claims should be made directly to customer service.  You will not be entitled to refunds for bookings made after the Booking Guarantee Period purely because your preferred dates are unavailable.  Avoid disappointment by booking during the Booking Guarantee Period.  Flights and other travel are not included.  Any applicable surcharges must be paid directly to the Provider.  Before booking airfares or incurring other travel expenses, please ensure the Provider has confirmed your accommodation booking.  Keep the voucher in a safe place.  Replacements are not issued.  You may not use the voucher in combination with any other promotion or offer.  The voucher may not be used in conjunction with existing reservations.  If the offer includes goods or services in addition to accommodation, those goods or services are offered subject to availability.  Once made, changes to your booking are not guaranteed and may involve additional charges.  The Provider’s standard policy will apply.  The only circumstances in which you might be entitled to a refund are where: (1) you are unable to book your travel on your preferred date(s) during the Booking Guarantee Period; or (2) the Provider is or becomes unable to honor the voucher in accordance with its terms.  Subject to this Agreement, any unused portion of the package is non-refundable and cannot be exchanged for other services or cash.  Travel insurance is strongly recommended.  You may need a valid visa to travel to some destinations.  If you do not already hold a visa or you do not know whether a visa is required, you are encouraged to start making inquiries as soon as you can.  If the Provider has other terms and conditions that apply to guests or other buyers of its goods and services, those terms and conditions apply to you.


21. Priority Membership.


Once Priority Membership has been used to purchase any item or enter a ‘Priority Members’ only sale, ‘Priority Membership’ is non-refundable.  Mysale  reserves the right, in its sole discretion to cancel, terminate, modify or suspend the priority member package, and/or if necessary to provide alternative benefits up to the same value as the original benefits, subject to any applicable law.


22. Supply of Your Products.


Subject to this Agreement, we will supply the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will confirm shipment on the My Account My Orders Section including a tracking number for each item.


23. Delivery of Your Products.


As we source products from around the World delivery times will vary. We will use our best efforts to ensure your order arrives as soon as possible after the end of the sale.  Delivery will be made via a number of partners and the estimated delivery times will be indicated within each specific sale according to the dispatch location. We use the best possible estimated dates given the information we have been provided by our suppliers and partners, however many factors are outside of our control and we cannot guarantee delivery within this time frame. Individual order status can be tracked in the My Account, My Orders section.  We charge shipping and handling for each purchase you make unless otherwise stated on the Website.  Due to the nature of our business, we may consolidate orders where possible from more than one sale or your orders may arrive in separate parcels.  For these orders shipping and handling charges will remain unaltered.    Title and risk of loss to all products will pass to you on delivery. 


For the avoidance of doubt, In the event that there is any ambiguity relating to the passing of risk and title to the goods, risk and title to the goods will pass to you on the first attempt at delivery irrespective of whether it was successful or not




24. Your Rights to Return a Product.


Mysale accepts returns on products that are expressly identified as returnable on the products page.  Some products are sold on a no return basis and are advertised as such.


25. Returns and Refunds. 


We DO NOT hold stock and so cannot facilitate exchanges.


A Return Authorization Number (RAN) is required for all returns.


You may be entitled to a credit, provided you return the item to us within 14 days of your order being dispatched and the item you have purchased is expressly identified as returnable on the products page.


The item must be returned to us in brand new condition, with the packaging and item being exactly as it was when you received it. All Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product.  If the returned item is in a noticeably used condition, then a credit may not be offered. Clothing and footwear items may not be returned if they have been worn, or if sewing tags have been removed.  Given the nature of the presentation of the products on the web and different types of displays and screens in use, colors, textures and fabrics shown on our Website may slightly differ from the actual item.  Return postage will be at your expense.  


Faulty Items


If your item arrives in a destroyed or defective condition, or you find a defect arises after delivery please contact our Customer Service Department. Each case will be assessed on a case by case basis on its merits.  Depending on the cause, you may be offered the choice of a partial or full refund, repair or replacement of the item (subject to availability). Return postage of faulty items to be assessed will be at Mysale's expense.


Incorrectly Described Items


Mysale works hard to present the products on our Website as accurately as possible. As much as we try to avoid it, on some occasions the information on our Website may contain inaccuracies. We make no warranty or representation that the information provided by our suppliers, including in relation to product descriptions, is correct, accurate, complete or reliable. However, please contact our Customer Service team, if you have received an item that has not been correctly described.  In the event it is verified that you have received an incorrectly described item you will be entitled to a remedy, which may include a full refund by your original method of payment.  Return postage of any incorrectly described items to be assessed will be at Mysale's expense.


Some Products - Manufacturer Only Warranty

Some Products sold through Mysale are serviced and supported exclusively by their manufacturer in accordance the warranty information provided on the listing.  Mysale is not a manufacturer of products. However, in the event of a failure, our Customer Service staff would be happy to forward the relevant item to the manufacturer or any relevant agent and consult with them on your behalf, if you so choose. However, it may be more convenient for you to consult with the manufacturer directly. If you require any assistance in doing so, our Customer Service team would be happy to assist you.  For items advertised and sold with optional additional warranties, please contact our Customer Service team who will assist you in procuring the repair or replacement of your product. 


26. Computer Hardware – Exclusions and Limitations. 


Mysale is not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic or computing Products. Recovery and reinstallation of system and application software and user data are not covered under any Mysale warranty. In relation to any computing media Product, or any computing hardware Product or computing part contained within a Product, Mysale will not be responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with Mysale Products supplied to you, and any failure to maintain the confidentiality of data stored on the Product. Mysale specifically does not represent that it will be able to repair any Product under warranty or make a Product exchange without risk to or loss of programs or data. Where a computing Product needs to be returned to Mysale for replacement or a refund, Mysale will in no manner whatsoever be responsible for any data you may leave on the computing Product.


27. Your Data - Use and Protection.


User Content. “User Content” of a Website user means any and all information and content that such user submits to Mysale by any means, including through social media (e.g., Facebook, Twitter.) You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Website as described herein and (ii) your User Content does not violate the Acceptable Use Policy (defined below). 


License. By submitting your User Content or using it with the Website , you automatically grant, and you represent and warrant that you have the right to grant, to Mysale an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Website. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.


28. Acceptable Use Policy.


1.) You agree not to use the Website to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.


2.) In addition, you agree not to commercially exploit the Website or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Web site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Web site, other computer systems or networks connected to or used together with the Web site, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Web site.


3.) We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your Account and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your Account username and password, IP address and traffic information, usage history, and your User Content.


4.) This Website may contain links to, or advertisements for, third party web sites (collectively, “Third Party Sites”) (for example, social media sites such as Facebook, Twitter, or Pinterest). Such Third Party Sites are not under the control of Mysale and Mysale is not responsible for any Third Party Sites. Mysale provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site.


5.) Each Website user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Website users are solely between you and such user. You agree that Mysale will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Website user, we are under no obligation to become involved.


29. The Website.


1) License. Subject to the terms of this Agreement, Mysale grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the shopping services and features provided on the Website. This license does not include any resale or commercial use of the Website features or content, or the right to access or use the Website for any of the restricted purposes set forth in this Agreement. Mysale may terminate this license at any time for any reason.


2) Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Web site or its content without the express written consent of Mysale; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Web site; (c) you shall not access the Website in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant; (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Mysale’s express written consent; and (e) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Website without Mysale’s express written consent. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of this Agreement.


3. Ownership. You acknowledge that all intellectual property rights in the Website, including our rights to copyrighted material, patents, trademarks, service marks, and trade secrets (“Intellectual Property”) (excluding any User Content) are owned by Mysale and its licensors, and neither the limited license granted in this section, nor our provision of the Website under this Agreement shall transfer to you or any third party any rights, title or interest in or to such Intellectual Property. Mysale reserves all rights not granted in this Agreement.


30. Intellectual Property.


Mysale respects the intellectual property of others and asks that users of our Website do the same, you are not permitted access or use of any of Mysale’s Intellectual Property without our prior written consent or the consent of such third party that may own intellectual property with respect to Products displayed on the Website. In connection with our Website, Products, and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Website who are repeat infringers of intellectual property rights, including copyrights.  If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our Website, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

 

1. your physical or electronic signature;

2. identification of the copyrighted work(s) that you claim to have been infringed;

3. identification of the material on our services that you claim is infringing and that you request us to remove;

4. sufficient information to permit us to locate such material;

5. your address, telephone number, and e-mail address;

6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.


Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.


The interim designated Copyright Agent for Mysale is Anthony Lees, US Division President.

1107 S. Boyle.  Los Angeles, California. C 90023 or e-mail tony@apacsale.com


31. Miscellaneous.

This Agreement will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the state in which you reside without reference to conflict of law principles of that state or any other state. This Agreement will not be assignable or transferable by you without the prior written consent of Mysale. This Agreement (including all of the policies and other agreements described in this Agreement, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Mysale are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect.


32. Force Majeure.


Mysale shall not be liable for any delay in performing any of its obligations under these this Agreement, if such delay is caused by circumstances beyond the reasonable control of Mysale, and Mysale shall be entitled to a reasonable extension of time for the performance of such obligations.