This User Agreement describes the terms and conditions on which Lushpad Online Inc. ("we", "us" or "our") allows you to access and use Lushpad.com (the "Site").
This User Agreement is effective from July 15, 2008, and may be amended from time to time without notice to you. Accordingly, you should periodically revisit the Site to review the then-current User Agreement. Your continued use of the Site after any such change to this User Agreement will constitute your consent to the changes.
If you register as a Lushpad.com member, you represent that you are at least 19 years of age, or the age required by your applicable law to make a legal and binding contract.
Membership Required: In order to post content or items on the Site, or to buy or sell items through the Site, you must register for a Lushpad.com membership account (your "Account") and provide the required membership information. All information that you provide in your membership registration must be truthful, accurate and complete. If any of your membership information changes after registration, you must update your Account to reflect these changes as soon as possible.
Security: As part of your membership registration you must provide a user ID and password. Only you may post content or items or buy or sell items through your Account. You must not provide your user ID or password to a third party, and you must take reasonable steps to maintain the confidentiality and security of your user ID and password.
You will comply with this User Agreement and with any other rules, guidelines, procedures or policies that we may implement from time to time regarding your access to and use of your Account and the Site.
While using the Site, you will not:
You confirm that your postings are statements of your personal views and opinions, and not those of us or any other person.
We may limit, suspend, or terminate our service or Your Account, prohibit access to the Site, remove hosted content, and take technical and legal steps to prevent you from accessing or using the Site if we believe, in our sole discretion, that you are violating this User Agreement, creating problems for us or other users, creating possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
Fees and Services
Lushpad.com is for buying and selling new or used contemporary and mid-century modern furniture and secondary market fine art. If you post an item on Lushpad that does not fit within this description, you will be contacted regarding your posting and it may be deleted at our discretion. You will not be refunded.
Joining Lushpad.com is free. We charge fees for listing items. When you list an item you have the opportunity to review and accept the fees that you will be charged based on our then-current Fees schedule, which we may change from time to time. Changes to our Fee schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the Site. We occasionally give out discount codes to our valued customers which provide a variety of discounts for varied periods of time. These discount codes may be revoked without notice.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may delete your posting or collect fees owed using other collection avenues.
In consideration of allowing you to have an Account, place postings on the Site and otherwise use the Site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)
Proprietary Rights Notice
Except as expressly provided in this User Agreement, you have no proprietary right, title or interest in or to your Account, any of your postings on the Site, or the Site itself. The Site and all content on or accessible through the Site, including without limitation advertisements, data, artwork, logos, graphics, text, photographs, images, animations, videos, software design and code, website design and architecture, audio clips and environment (collectively the "Content") is our property and is protected by national and international copyright laws and other laws. You are granted only a limited licence to access, display, download, print and reproduce reasonable portions of the Content solely for your personal, non-commercial use, provided that the Content is not modified and all proprietary notices on the Content are kept intact. Apart from these licensed rights, you may not reproduce, publish, translate, merge, sell, distribute, disassemble, reverse engineer, decompile, modify or create derivative works from any Content, in whole or in part.
The sites that are linked from the Site are not under our control, and we do not assume any responsibility or liability for any communications or materials at or from those linked sites. We do not monitor, investigate, or check those websites for accuracy or completeness. All links are provided for your convenience only; they are not an endorsement or referral by us.
If you wish to provide a link to the Site from your website, you may only link to the Site's home page at www.lushpad.com. You may not use any of our icons or logos on your website without our express prior written consent, and you may not use the link to suggest that we sponsor, endorse, approve of or are affiliated with you or your website.
This Site and its Content are provided "as is" and "as available". The Content may not be accurate, complete or current. To the fullest extent permissible under applicable law, we disclaim all representations and warranties, whether express, implied or statutory (including without limitation any warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement). We do not represent that functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful content or components.
You will not hold us responsible for other users' actions or inactions, including things they post. This Site is a venue to allow anyone to offer, sell and purchase mid-century modern furniture, accessories and fine art, at anytime, from anywhere. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller.
We cannot guarantee continuous or secure access to the Site or our services, and operation of the Site may be affected by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions.
Under no circumstances will we be liable for any direct, indirect, incidental, consequential (including loss of money, business, profits, goodwill, or reputation) special, exemplary, punitive or other damages, under any legal theory, arising out of or in any way connected to your use of Site. Your sole remedy for dissatisfaction with the Site and/or Content is to cease all of your Site use. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
Assumption of Liability
You understand and agree that you are solely responsible and liable for your Account, your use of the Site, and all access to and use of the Site through your Account, and any claims, damages, losses or expenses arising directly or indirectly therefrom. You acknowledge that we are merely acting as a conduit for the exchange of items via the Site, and is not undertaking any obligations or liability relating to an activities conducted on or through the Site.
You release Lushpad Online Inc. and its directors, officers, employees, agents and representatives from all claims, actions, liabilities and damages of every kind and nature, known or uknown, relating to any risks described in this User Agreement or arising from your use of the Site.
Access and Interference
Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to us by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not:
You will indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint venturers and employees), harmless from any losses, expenses, damages, costs, claims or demands, including reasonable attorneys' fees, resulting from any violation of this User Agreement or any activity related to the Site or your Account by you or any other person accessing or using the Site through your Account. In particular, but without limiting the generality of the previous sentence, you will indemnify us from all losses, expenses, damages, costs, claims or demands resulting from any violation of this User Agreement or resulting from any use of your Account or the Site that is: (a) abusive, threatening, obscene, defamatory or libellous; (b) fraudulent, deceptive, or misleading; (c) in violation of copyright, trade-mark or other intellectual property rights of another; or (d) otherwise unlawful.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement or your access to or use of your Account or the Site.
Except as explicitly stated otherwise, legal notices shall be served on Lushpad.com or to the email address you provide to Lushpad.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
f a dispute arises between you and Lushpad.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and we agree that we will resolve any claim, dispute or controversy at law or equity that arises out of this User Agreement or our services or your access to our use of the Site (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Contact or Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.