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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
COMPANY, INC. ("Masala Baby LLC")
The CUSTOMER is defined as the person, person(s) or Company/Organization purchasing Masala Baby branded products from the Masalababy Retailer Website at http://www.masalababynyc.com/
Pricing
Orders are subject to Masala Baby LLC prices in effect as published on the website. Prices do not include shipping, insurance, gift wrapping, applicable surcharges, taxes, duties or other governmental charges unless specified, all of which are customers' responsibility.
In the event that a Masala Baby LLC product is mistakenly listed at an incorrect price, Masala Baby LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Masala Baby LLC reserves 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, Masala Baby LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Payment
Unless otherwise agreed, payment shall be made in advance of shipment by credit card. Masala Baby LLC will process the credit card charges in advance of shipping. Should customer's payment not be honored for any reason, Masala Baby LLC may cancel this order, customer remaining liable for damages.
Deliveries
Release by Masala Baby LLC of merchandise to a carrier constitutes delivery to customer, and risk of loss shall thereupon pass to customer. Merchandise held by Masala Baby LLC for customer for any reason shall be at customer's risk.
Although Masala Baby LLC will make every reasonable effort to avoid partial shipments, Masala Baby LLC has the right to make partial shipments. Payments for partial shipments will be charged consistent with the payment terms set forth above.
Should delivery of all or any part of the merchandise be delayed by events beyond Masala Baby LLC control (such as strikes, natural or man-made disasters, government regulations or Masala Baby LLC inability to obtain labor, materials or services through its regular sources), Masala Baby LLC's time for performance shall be extended by the period of delay, or Masala Baby LLC may, at its option, cancel this order without liability, customer remaining liable to pay for shipments already made.
Masala Baby LLC obligations hereunder are subject to the condition that at time of shipment all legal and regulatory requirements shall have been complied with. INTERNET and COOP SALES: Customer shall not, without Masala Baby LLC prior written authorization, sell Masala Baby LLC merchandise on the internet. Masala Baby LLC is under no obligation to permit customer to sell via the internet. However, if Masala Baby LLC authorizes such sales, customer may only sell Masala Baby LLC merchandise via a website registered to and maintained by customer and approved by Masala Baby LLC.
Customer shall not sell Masala Baby LLC merchandise through E-Bay or any other internet auction site, or through any coop or group sale. Customer shall not resell Masala Baby LLC merchandise to other retailers. Masala Baby LLC shall have the right to suspend deliveries and may terminate this and all other contracts with customer in the event of any unauthorized sales by the customer.
Masala Baby LLC Intellectual Property
Customer may not use Masala Baby LLC trademarks or logos, or images of Masala Baby LLC merchandise (whether created by Masala Baby LLC, Customer or any third-party) without Masala Baby LLC prior written approval. Customer's use of Masala Baby LLC trademarks and logos, or images of Masala Baby LLC merchandise, must be tasteful and appropriate as determined solely by Masala Baby LLC.
Design Protection
No rights in the design of, or incorporated in, merchandise delivered hereunder shall pass to Customer except as an integral part of the merchandise. Customer agrees not to reproduce or cause to be reproduced, either directly or indirectly, such merchandise or designs. Customer shall have no right to use Masala Baby LLC copyrights, patents, trademarks, trade names or trade dress unless expressly licensed to use same.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Masala Baby LLC. The collective work includes works that are licensed to Masala Baby LLC. Copyright 2003, Masala Baby LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Masala Baby LLC or purchasing Masala Baby LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Masala Baby LLC or to purchase Masala Baby LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Masala Baby LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Masala Baby LLC used in the site are trademarks or registered trademarks of Masala Baby LLC
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Masala Baby LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Masala Baby LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Masala Baby LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Future Transactions
Terms and conditions of this contract shall apply to all future transactions.
Limitation of Liability
Masala Baby LLC shall not be liable for normal manufacturing defects, for customary variations from specifications, or for any imperfections inherent in the products or processes used. Masala Baby LLC does not guarantee exact matching of color or shade, resistance to light or water, or suitability for further processing.
Masala Baby LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Masala Baby LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless Masala Baby LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") 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 account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
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 part of them, may be terminated by Masala Baby LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Masala Baby LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Masala Baby LLC.
Miscellaneous
Your use of this site shall be governed ina ll respects by the laws of the State of New York and shall be governed by New York law. Legal proceedings relating to or arising out of the use of this site shall be brought in the Courts of the State of New York located in Kings County, and the parties consent to jurisdiction therein for all purposes.
Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Masala Baby LLC products) must be commenced within one (1) year after the claim or cause of action arises. Masala Baby LLC'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. Masala Baby LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Masala Baby LLC or other licensed employee, host, or representative, as well as 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 which may constitute or encourage a criminal offense, violate the rights of any party or which may 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.
Participation Disclaimer
Masala Baby LLC 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, Masala Baby LLC 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, Masala Baby LLC 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) offensive or otherwise unacceptable to Masala Baby LLC in its sole discretion.
Third-Party Links
In an attempt to provide increased value to our visitors, Masala Baby LLC may link to sites operated by third parties. However, even if the third party is affiliated with Masala Baby LLC, Masala Baby LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Masala Baby LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Masala Baby LLC seeks to protect the integrity of its web 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).
By completing and submitting an order through the Masala Baby website located at www.masalababynyc.com, customer agrees to be bound by the above terms and conditions.
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