TERMS AND CONDITIONS OF USE
This Agreement specifies the Terms and Conditions for access to and use of www.yellowplum.com (the “Site”) and describes the terms and conditions applicable to your access of and use of the Site. Yellow Plum, Inc. reserves the right to modify provisions of the Agreement without notice, and User agrees to be bound by the terms in effect at the time at which the Site is accessed. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.yellowplum.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
All content included on this site is and shall continue to be the property of Yellow Plum, Inc. or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Content shall include but not be limited to text, graphics, appearance, visual elements, design, concepts, business models, operational models, databases, collections of links, hypertext markup language (HTML) code, scripts, and all products sold. Any copying, redistribution, sale, reengineering, deconstructive works, use or publication by you of any such content or any part of the Site is strictly prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other claim, interest or title in any content by or through your use of this site.
4. intended audience
This website is intended for adults only, 18 years of age and older. This website is not intended for any children under the age of 13.
Trademarks appearing on this site are protected by law and you cannot use any such trademarks in any manner without the express written permission of the trademark owner.
6. site use
Yellow Plum, Inc. grants you a limited, revocable, nonexclusive license to use this site only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Use of this site is strictly prohibited for republication, distribution, assignment, sub-license, sale, preparation of derivative works, or other unauthorized use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of this Agreement or any law. You further represent and warrant that you own or otherwise control all of the rights to the information you provide to the Site, including without limitation financial information, and agree that you shall not use false contact or financial information, pretend to be someone other than yourself or otherwise mislead us or third parties. The use of this website is at the discretion of Yellow Plum, Inc., which may terminate your use of this website at any time, at its sole discretion. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
7. prices and product availability
All prices displayed on the Site are quoted in U.S. dollars. Yellow Plum, Inc. reserves the right to restrict delivery to addresses within the United States. Shipping and handling fees and applicable sales/use tax will be added by Yellow Plum, Inc. as necessary. Yellow Plum, Inc. reserves the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you. Products displayed on the Site are available while supplies last. Descriptions of, or references to, products or services on the Site do not imply endorsement of that product or service, or constitute a warranty by Yellow Plum, Inc. The receipt by you of an order confirmation does not constitute Yellow Plum Inc.’s acceptance of an order. Prior to Yellow Plum Inc.’s acceptance of an order, verification of information may be required. Yellow Plum, Inc. reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Yellow Plum, Inc., for any reason. Yellow Plum, Inc. reserves the right to limit the number of items ordered and to refuse service to any customer without prior notification. In the event that an item lists an incorrect price or with incorrect information, either due to typographical or other error, Yellow Plum, Inc. shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if the credit card has already been charged for the purchase and the order is cancelled, Yellow Plum, Inc. shall promptly credit the credit card account in the amount of the incorrect price.
8. reviews and comments by users/blog
Yellow Plum, Inc. welcomes comments from users of its products, and on its blog. Except as otherwise provided elsewhere in this Agreement or on the Site, all information, ideas, suggestions, reviews, comments or other communications you submit or post to the Site shall be on a non-confidential basis. Further, any comments, feedback, notes, suggestions, thoughts, ideas, or other commentary or communications ("Comments") posted or sent to the website shall be and will remain the exclusive property of Yellow Plum, Inc. Submission of any Comments to the Site shall be deemed an assignment to Yellow Plum, Inc. of all intellectual property rights, titles and interest in and to such Comments. Yellow Plum, Inc. shall have all rights to use, reproduce, publish, distribute and otherwise disclose such Comments for any purpose without restriction without providing any compensation to you. When you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. In the event that you do not wish for Yellow Plum, Inc. to use any of your comments, please do not submit such comments to Yellow Plum.
9. use of information
If you see objectionable content or have any questions about this Agreement, please contact Yellow Plum, Inc. at email@example.com.
11. offline conduct
Although Yellow Plum, Inc. cannot monitor the conduct of its users of the Site, it is a violation of this Agreement to use any information obtained from our Site in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to Yellow Plum, Inc.:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- 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; and
- 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 the copyright owner’s behalf.
Notice of Claims of copyright infringement on the Site shall be submitted to Yellow Plum, Inc. at the address indicated below under Contact Information.
13. compliance with laws
You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
14. Violation of the Terms
You agree that monetary damages may not provide a sufficient remedy to Yellow Plum, Inc. for violations of the terms of this Agreement, and you consent to injunctive or other equitable relief for such violations.
You agree to indemnify, defend and hold Yellow Plum, Inc. and its directors, officers, shareholders, partners, employees, affiliates, successors, and assigns harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YELLOW PLUM, INC. DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
17. limitation of liability
UNDER NO CIRCUMSTANCES WILL YELLOW PLUM, INC. BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
18. governing law
The Site is controlled and operated by Yellow Plum, Inc. in the County of Chicago, Illinois, United States of America. Yellow Plum, Inc. makes no claim that the Site, its services, or products, are appropriate or accessible to other locations. User accesses the Site on her/his own initiative, accepts and agrees to be bound by the terms of the Agreement, the Privacy Notice, and submits to the jurisdiction and venue in the state or federal courts located in Illinois. This agreement shall be governed by the laws of the State of Illinois without giving effect to its conflicts of law principles. The provisions of this Agreement will be deemed severable, and the invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision. If Yellow Plum, Inc. initiates legal proceedings to collect any amount due hereunder and Yellow Plum, Inc. substantially prevails in such proceedings, then User agrees to pay Yellow Plum Inc.'s costs and reasonable attorneys' fees in such proceedings and any appeals. User waives any and all rights that she/he may have to a jury trial in connection with any proceedings concerning this Agreement.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Yellow Plum, Inc. may terminate this Agreement at any time, with or without notice, for any reason.
21. contact information
1137 W Taylor Street. Ste. #321
Chicago, IL 60607