"It is not an accessory... but a personal statement of class distinction and elegance." - Coco Chanel
TERMS OF SERVICE
Welcome
to the Sample Sale Productions, LLC (hereinafter �SSP�) website,
samplesaleproductions.com (this/the �Site�). The Site is offered to you
conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the SSP website constitutes your
agreement to all such terms, conditions, and notices. Your use of the SSP
website may also be subject to additional terms outlined elsewhere on that
website (the "Additional Terms").
Additionally,
the SSP website may contain additional terms that govern particular features or
offers (for example, sweepstakes or blogging/chat areas). In the event that any
of the terms, conditions, and notices contained herein conflict with the
Additional Terms or other terms and guidelines contained within any particular
SSP website, then these terms shall control.
Please
read the following terms of use and disclaimers carefully before using this
site. By accessing or using this Site, you agree to these terms of use,
conditions and all applicable laws. If you do not agree to these terms you may
not use this Site.
Use Of Site. Personal And Non-Commercial Use Limitation
Unless
otherwise specified, the SSP website is for your personal and noncommercial
use. You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or sell
any information, software, products or services obtained from the SSP website.
You
may display and, subject to any expressly stated restrictions or limitations
relating to specific material, electronically copy, download and print hard
copy portions of the material from the different areas of the Site solely for
your own noncommercial use, or to place an order with SSP or to purchase SSP
products. Any other use of materials on this Site, including but not limited to
the modification, reproduction, distribution, republication, display or
transmission of the content of this Site, without prior written permission of
SSP is strictly prohibited.
Harassment
in any manner or form on the Site, including via e-mail and chat or by obscene
or abusive language is strictly forbidden. Impersonation of others, including a
SSP employee, host, or representative or other members or visitors on the Site
is prohibited. You may not upload to, distribute, or otherwise publish through
the Site any content which is libelous, defamatory, obscene, threatening,
invasive of privacy or publicity rights, abusive, illegal, or otherwise
objectionable, or which may constitute or encourage a criminal offense, violate
the rights of any party or otherwise give rise to liability or violate any law.
You may not upload commercial content on the Site or use the Site to solicit
others to join or become members of any other commercial online service or other
organization.
Modification Of These Terms Of Service
SSP
reserves the right to change the terms, conditions, and notices under which the
SSP website are offered, including but not limited any charges associated with
the use of the samplesaleproductions.com. You are responsible for regularly
reviewing these terms and conditions.
Misuse, Fraud Or Misrepresentation In Connection With Sample
Sale Production Promotions
From
time to time SSP may run promotions designed to attract new members or increase
sales. In connection with these promotions, any person that receives credits,
coupons, prizes or other benefits from SSP by using multiple user accounts or
email addresses, using false names, impersonating others, or through the use of
any other fraudulent or misleading conduct, shall forfeit any credits, coupons,
prizes or benefits obtained through such means, and may be liable for civil
and/or criminal penalties under applicable law.
Copyrights And Trademarks
The
entire content included in this Site, including but not limited to text,
design, graphics, interfaces, or code and the selection and arrangements
thereof is copyrighted as a collective work under the United States and other
copyright laws, and is the property of SSP. The collective work includes works that
are licensed to SSP. All trademarks, service marks, and trade names
(collectively the "Marks") are trademarks or registered trademarks of
and are proprietary to SSP, or other respective owners that have granted SSP
the right and license to use such Marks.
Notices And Procedures For Making Claims Of Copyright
Infringement
Pursuant
to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to the website's designated agent. ALL
INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL
RECEIVE NO RESPONSE. SSP respects the intellectual property of others, and we
ask our users and visitors to do the same. SSP will process and investigate
notices of alleged infringement and will take appropriate actions under the
Digital Millennium Copyright Act ("DMCA") and other applicable
intellectual property laws. Upon receipt of notices complying with the DMCA,
SSP will act to remove or disable access to any material found to be infringing
or found to be the subject of infringing activity and will act to remove or
disable access to any reference or link to material or activity that is found
to be infringing.
If
you believe that your work has been copied in a way that constitutes copyright
infringement, please provide SSP the following information. Please be advised
that to be effective, the Notification must include ALL of the following:
(i)
a physical or electronic signature of the person authorized to act on behalf of
the owner of an exclusive copyright that is allegedly infringed;
(ii)
a description of the copyrighted work that you claim has been infringed;
(iii)
a description of where the material that you claim is infringing is located on
the Site;
(iv)
your address, telephone number, and email address and all other information
reasonably sufficient to permit SSP to contact you;
(v)
a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
(vi)
a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
SSP�s
agent for notice of claims of copyright or other intellectual property
infringement can be reached as follows:
By
mail:Sample
Sale Productions, LLC� Legal Division -
Copyright��������� 57 Bacon
Rd. Old Westbury, NY 11568
In
the event a SSP product or service is listed at an incorrect price due to
typographical error or error in pricing information received from our
suppliers, SSP shall have the right to refuse or cancel any orders placed for
product or service listed at the incorrect price. SSP shall have the right to
refuse or cancel any such orders whether or not the order has been confirmed
and your credit card charged. If your credit card has already been charged for
the purchase and your order is cancelled, SSP shall issue a credit to your
credit card account in the amount of the incorrect price.
Term; Termination
These
terms and conditions are applicable to you upon your accessing the Site and/or
completing the registration or shopping process. These terms and conditions, or
any of them, may be modified or terminated by SSP without notice at any time
for any reason. The provisions relating to Copyrights and Trademarks,
Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws,
Arbitration and General, shall survive any termination.
User Participation
SSP
does not and cannot review all communications and materials posted to or
created by users accessing the Site and is not in any manner responsible for
the content of these communications and materials. You acknowledge that by
providing you with the ability to view and distribute user generated content on
the Site, SSP is merely acting as a passive conduit for such distribution and
is not undertaking any obligation or liability relating to any contents or
activities on the Site. However, SSP reserves the right to block or remove
communications or materials that it determines to be (a) abusive, defamatory,
or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a
copyright, trademark or; other intellectual property right of another or (d)
violates any law or regulation or (e) offensive or otherwise unacceptable to
SSP at its sole discretion. Note that any personally identifiable information
you may post or transmit will be treated by SSP in accordance with SSP�s
Privacy Policy.
User Submissions
Except
for any personally identifiable information we may collect from you under the
guidelines established in our Privacy Policy, any material, information or
other communication you transmit, upload or post to this Site
("Communications") will be considered non-confidential and
non-proprietary. SSSP will have no obligations with respect to the
Communications. SSP and its designees will be free to copy, disclose,
distribute, incorporate and otherwise use the Communications and all data,
images, sounds, text, and other things embodied therein for any and all
commercial or noncommercial purposes.
User Chat Rooms
SSP
may, but is not obligated to, monitor or review any areas on the Site where
users transmit or post Communications or communicate solely with each other,
including but not limited to chat rooms, bulletin boards or other user forums,
and the content of any such Communications. SSP, however, will have no
liability related to the content of any such Communications, whether or not
arising under the laws of copyright, trademarks, libel, privacy, obscenity, or
otherwise.
Third-Party Links
In
an attempt to provide increased value to our visitors, this Site may contain
links to other sites on the Internet that are owned and operated by third party
vendors and other third parties (the "External Sites"). However, even
if the third party is affiliated with SSP, SSP has no control over these linked
sites, all of which have separate privacy and data collection practices,
independent of SSP. SSP has no responsibility or liability for these
independent policies or actions and is not responsible for the privacy
practices or the content of such websites. These linked sites are only for your
convenience and therefore you access them at your own risk. Links do not imply
that SSP sponsors, endorses, is affiliated with or associated with, or has been
legally authorized to use any trademark, trade name, service mark, design,
logo, symbol or other copyrighted materials displayed on or accessible through
such External Sites. Nonetheless, SSP seeks to protect the integrity of its
Site and the links placed upon it and therefore requests any feedback on not
only its own Site, but for sites it links to as well (including if a specific
link does not work).You should contact the Site administrator or Webmaster for
those External Sites if you have any concerns regarding such links or the
content located on such External Sites.
Claims
Each
claim or statement about the effectiveness of SSP products and/or each claim or
statement comparing the effectiveness of SSP products to the effectiveness of
other products is expressly limited to the United States, unless otherwise
disclosed on the Site.
Disclaimer
SSP
makes no warranties or representations about the accuracy or completeness of
this Site's content or the content of any site or External Sites. SSP does not
filter advertisements or other content that children may view through our sites
or "hot-linked" sites, and they could receive content and materials
from the Internet and/or advertising that are inappropriate for children. We
encourage parents and guardians to spend time online with their children and to
consider using electronic filtering software.
THIS
SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE,
INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SAMPLE SALE PRODUCTIONS,
LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM
COURSE OF DEALING OR COURSE OF PERFORMANCE. SAMPLE SALE PRODUCTIONS, LLC DOES
NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE
OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. SAMPLE SALE PRODUCTIONS, LLC DOES NOT MAKE ANY WARRANTIES
OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF
THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS,
RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation Of Liability
IN
NO EVENT SHALL SAMPLE SALE PRODUCTIONS, LLC BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY
DAMAGES WHATSOEVER, EVEN IF SAMPLE SALE PRODUCTIONS, LLC HAS BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER
CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH
THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES,
PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Because
some jurisdictions do not allow limitations on how long an implied warranty
lasts, or the exclusion or limitation of liability for consequential or
incidental damages, the above limitations may not apply to you.
Indemnification
You
agree to indemnify, defend, and hold harmless SSP, its officers, directors,
employees, agents, licensors and suppliers (collectively the
"Provider") from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of these
terms and conditions or any activity related to your Internet account
(including negligent or wrongful conduct), by you or any other person accessing
the Site using your Internet account.
Applicable Laws
Your
use of this Site shall be governed in all respects by the laws of the state of
New York, U.S.A., without regard to choice of law provisions, and not by the
1980 U.N. Convention on contracts for the international sale of goods. You
agree that jurisdiction over and venue in any legal proceeding directly or
indirectly arising out of or relating to this Site (including but not limited
to the purchase of SSP products) shall be in the state or federal courts
located in New York, New York. Any cause of action or claim you may have with
respect to the Site (including but not limited to the purchase of SSP products)
must be commenced within one (1) year after the claim or cause of action
arises. SSP�s failure to insist upon or enforce strict performance of any
provision of these terms and conditions shall not be construed as a waiver of
any provision or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any of these terms and conditions. SSP may
assign its rights and duties under this Agreement to any party at any time
without notice to you.
SSP
makes no representation that materials in the Site are appropriate or available
for use in other locations, and access to them from territories where their
content is illegal is prohibited. Those who choose to access this Site from
locations outside New York do so on their own initiative and are responsible
for compliance with applicable local laws. You may not use or export the
materials in violation of U.S. export laws and regulations. Any claim relating
to the materials shall be governed by the laws of the State of New York.
Arbitration
By
using this Site, you agree that SSP, at its sole discretion, may require you to
submit any disputes arising from the use of this Site, or these Terms and
Conditions concerning or, including disputes arising from or concerning their
interpretation, violation, nullity, invalidity, non-performance or termination,
as well as disputes about filling gaps in this contract or its adaptation to
newly arisen circumstances, to final and binding arbitration under the
International Rules of Arbitration of the American Arbitration Association, by
one or more arbitrators appointed in accordance with the said Rules.
Notwithstanding these rules, however, such proceeding shall be governed by the
laws of the state as set forth in the previous section. Any award in an
arbitration initiated under this clause shall be limited to monetary damages
and shall include no injunction or direction to any party other than the
direction to pay a monetary amount. Further, the arbitrator(s) shall have no
authority to award punitive, consequential or other damages not measured by the
prevailing party's actual damages in any arbitration initiated under this
section, except as may be required by statute.
General
SSP
may revise these Terms at any time by updating this posting. You should visit
this page from time to time to review the then-current Terms because they are
binding on you. Certain provisions of these Terms may be superseded by expressly
designated legal notices or terms located on particular pages at this Site.