These Terms of Use (“Terms of Use” or “Agreement”) shall serve as an agreement that sets forth the terms and conditions which will govern your use of Ship7.com website (the “Website”). By accessing the Website, you are automatically considered that you accepted these Terms of Use and any other relevant policies, service terms and notices. If you are unwilling to agree to these Terms of Use, you shall discontinue further use of the Website.
Ship7, reserves the right at any time to change these Terms of Use, the Website, or the Products and Services (as defined below), including eliminating or discontinuing any content on or feature of the Website, or changing any fees or charges for use of the Website or product or services available on the Website. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of these Terms of Use.
By accepting these Terms of Use, you will be bound as follows:
- Intellectual Property Rights
All the images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions and all other material provided by the Website, and the collection or compilation, and assembly thereof are the exclusive property of Ship7 and its Brands, and are protected by U.S. and international copyright laws. The content of the Website may be used for your informational and entertainment purposes only. Any other use of such content, including the reproduction, modification, distribution, transmission, republication, display or performance of the content without our prior written consent is expressly forbidden.
You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of the Website for commercial profit or gain. Nothing in these Terms or on this Website shall be construed as conferring any intellectual property or other proprietary rights to you. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity. We hold all rights to the content on the Website.
- User Conduct
With respect to any material you send or post to our Website, you retain all of your ownership rights. However, by sending or posting material to our Website, you hereby grant Ship7 a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the such material in connection with our Website and Ship7’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our Websites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of our Website a non-exclusive license to access your material through our Website, and to use, reproduce, distribute, display and perform such material as are permitted through the functionality of the Website and under these Terms and Conditions. The above licenses granted by you are perpetual and irrevocable.
We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Websites in breach of the this Section.
You shall not use our Websites while distracted or preoccupied, such as when operating a motor vehicle. You should access our Websites only with due regard for your own safety and the safety of others.
- Restrictions of use, viruses, hacking and other offenses
You may not use any “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to interrupt or attempt to interrupt the operation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it. In accordance with good computing practice, you are advised to virus check all materials and/or content accessed and/or downloaded from this website using commercially available, up to date virus checking software.
We reserve the right, at any time, to restrict or terminate your access to, or use of the Website if you breach these Terms of Use or for any other reason whatsoever without notice. Termination or restricting your access or use will not waive or affect any other right or relief to which we may be entitled, at law or in equity.
- Third party websites and content
The website may contain third party owned content (e.g. articles, image libraries, data feeds or abstracts) and may also include hypertext links to third party owned websites. We provide such third party content and links as a courtesy to our users. Links are provided for your information only. We have no control over any third party owned websites or content referred to, accessed by or available on this website and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third party websites or content or for the availability of such websites. In particular, we do not accept any liability arising out of any allegation that any third party owned content (whether published on this, or any other, website) infringes the intellectual property rights of any person or any liability arising out of any information or opinion contained on such third party website or content.
- Eligibility
By using the Website, you represent, warrant and covenant to Ship7 that you are 13 years of age or older. Certain features of the Website may be subject to heightened age and/or other eligibility requirements and restrictions. If you are a User between the ages of 13 and 18, please review this Agreement with your parent or guardian. Your parent or guardian should agree to this Agreement on your behalf, and parental discretion is advised for all Users under the age of 18.
- Membership / Account creation
In order to access and use certain content, features or functionality of the Services (e.g., Member Access, Receiving and Shipping merchandise, etc.), we require you to register for an “Account”, have a unique username and password combination (“User Credentials”) and provide certain additional information, which may include, without limitation, your email address, legal name, date of birth, country of residence, mailing address, etc. (collectively, a “User Account”). You represent and warrant that all registration and account information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. Further, if you elect to become a registered User, you are responsible for maintaining the confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Website by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent. It is therefore critical that you do not share your User Credentials with anyone, and you should use particular caution when accessing your User Account from a public or shared computer so that others are not able to view or record your User Credentials or access your User Account. You agree to immediately notify Ship7 of any unauthorized use of your User Credentials or User Account, or any other breach of security. We reserve the right to deny access, use and registration privileges to any User of the Website suspected of fraudulent or otherwise improper submissions, registrations or uses or if we believe there is a question about the identity of the person trying to access any User Account or element of the Services.
- Product and Service charges
All prices listed on the Website are, to the best of Ship7’s knowledge, accurate at the time of printing. However, the Website may contain inadvertent inaccuracies or typographical errors. These will be corrected at Ship7’s discretion, as they are found. In addition, all prices listed are subject to change at any time without notice. The information on the Website may be updated regularly so inaccuracies may occur during the process.
Ship7 reserves the right at any time to charge a fee for access to certain parts of the Website. However, in no event will you be charged for such access unless we obtain your prior agreement to pay.
When you use Ship7’s proprietary Shipping Cost Calculator for an advance determination of the combined costs of duty, taxes and international shipping, the resulting cost is an estimate only, based on the information you provide. The actual cost may vary from the estimate due to several factors, including but not limited to: changes in delivery company rates or an unavoidable fuel surcharge that our delivery company may impose (which we pass on to you with no mark-up); changes in currency exchange rates; differences between the estimated and the actual package weights; discrepancies between the estimated and actual product classification or value; the use of volumetric weight calculations for bulky, lightweight packages; and/or additional local delivery charges if your delivery address is in a remote geographic area. Special note: Some destination countries may assess government mandated clearance fees in addition to duty and tax. Depending on the nature of these fees, they may or may not be included in the Shipping Cost Calculator estimate. They will however be included in the charges assessed at shipment release.
- Indemnity
You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, partners, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Website or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.
- Modifica`tions
We may modify this Agreement from time to time without notice to you for any reason. We will provide or display notices of material changes on the Website and/or e-mail or notify you upon login about these changes – the form of such notice is at our discretion. Once we post or make available such changes on the Website, these changes become effective immediately, and if you use the Website after they become effective, it will signify your agreement to be bound by such changes. We recommend that you check back frequently and review this Agreement regularly so you are aware of the most current rights and obligations that apply to you.
- Privacy
We respect your privacy and the use and protection of your personal information. Our information collection and use policies are set forth in our Privacy Policy. We encourage you to read the Privacy Policy, and to use them to help make informed decisions.
- Disclaimer of Warranty
Your use of the Website is at your own risk, and you acknowledge that Ship7 web-based services are provided on an ‘as is’ and ‘as available’ basis. While we endeavor to provide accurate and current information via our website, we disclaim all warranties, express and implied, including but not limited to warranties of merchantability, fitness for a specific purpose, and non-infringement, to the full extent permissible by applicable law. The website is not warranted to be uninterrupted or error-free. Ship7 is not liable for any inability to access, delay in accessing, or interruptions in access to your account or conducting transactions due to unavailable or unreliable telecommunications networks or internet service providers, incompatible or malfunctioning equipment, software you use for such access, or other causes beyond Ship7’s control.
- Limitation of Liability
In no event will Ship7 be liable for any indirect, special, consequential, incidental, punitive or exemplary damages (including but not limited to loss of business, loss of revenue, loss of profits, loss of goodwill, lost opportunity, business interruption, or loss of information) arising out of your use of or inability to use your account or the Ship7 website, even if we have been advised of the possibility of such damages. Except for loss of or damage to packages during international shipment (which is covered in Shipping Terms), Ship7’s maximum liability, and your exclusive remedy with respect to any errors in Ship7 services provided to you under this agreement, is limited to US$100 (or equivalent) per incident. Some countries or states do not allow the disclaimer of implied warranties or limitation of certain damages, so such disclaimers and limitations may not apply to you.
- Contacting / Getting Support
For assistance with technical issues and other questions, please refer to and/or contact us via our contact and support page.
- Headings
Headings in these Terms of Service are for convenience only and do not affect the interpretation of these terms and conditions.
- Jurisdiction and Applicable Law
This Agreement and your use of the Website is governed by, construed and enforced in accordance with the internal substantive laws of the State of New Jersey (notwithstanding the State’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in New Jersey, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of New Jersey and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, REGARDING YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
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