Terms and Conditions
Terms and Conditions
1. Acceptance of Terms and Conditions and Amendments
2. Our Service
Our website and services provided to you on and through our website on an "as is" basis. You agree that the owners of this website exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy or improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations
In order to use this service, you must register and agree to provide truthful information when requested. When registering, you explicitly agree to our Terms and Conditions, which may be modified by us from time to time and available here.
5. Registration and Password
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
6. Your Conduct
You agree that our website may expose you to content that may be objectionable or offensive. We shall not be responsible to you in any way for the content that appears on this website nor for any error or omission. You explicitly agree, in using this website or any service provided, that you shall not:
(a) Provide any content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) Collect or harvest any data about other users;
(d) Provide or use this website and any content in a manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) Provide any content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets;
(f) Infringe on any copyrights or intellectual property rights;
(g) Offer for sale, promote or advertise through a TheMoodyBear.com: weaponry, items designed to restrain or hurt or harm or inconvenience people, drugs or narcotics, tobacco, substances which may be used - or advertised as such - to achieve hallucinogenic effects, pornography, alcohol, racially offensive, or carry out, promote or advertise any manner of illegal activities. TheMoodyBear.com.org reserves the right to report any breaches of this nature to the relevant law authorities. TheMoodyBear.com.org reserves the right to make judgements upon what is permissable to sell through TheMoodyBear.com.org websites. Furthermore, you agree that:
(h) You own the right to publish any and all material you provide TheMoodyBear.com.org for use within a TheMoodyBear.com.org webstore, and will grant TheMoodyBear.com the rights to use these materials to bolster the performance of TheMoodyBear.com stores. In addition, you agree that you will not:
(i) Contact customers to request they pay you via means other than the supported TheMoodyBear.com payment providers;
(j) Try to circumvent any systems TheMoodyBear.com.org has in place, including attempting to change, remove or obscure the TheMoodyBear.com advertising bar or other component placed on stores by TheMoodyBear.com;
(k) Log in, or attempt to log in, to an account which is not maintained by yourself.
7. Third Party Services
Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your violation of these Terms and Conditions or any other violation of the rights of another person or party.
9. Disclaimer of Warranties
You understand and agree that your use of this website and any services or content provided (The "Sevice") is made available and provided to your at your own risk. It is provided to you "as is" and we expressly disclaim all warranties of any kind, implied or expressed, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither us nor any participany in the Service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
10. Limitation of Liability
You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of; (I) The use of or the inability to use the Service; (II) The cost to obtain substitute goods and/or services resulting from any transaction entered into on or through this Service; (III) Unathorized access to or alteration of your data transmissions; (IV) Statements of conduct of any third party on the Service, or; (V) Any other matter relating to the Service. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
11. Reservation of Rights
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our website or service without our prior written consent.
12. Notification of Copyright Infringement
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights please contact us. The copyright holder must provide us with all of the following information:
(a) A signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
(b) Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information to allow us to locate the material.
(c) Contact information for the person giving the notification, such as an address and telephone, and, if available, an email address at which such person may be contacted.
(d) A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(e) A statement that the information in the notification is accurate and, under penalty of perjury, that the person providing the notification is authorized to act on behalf of the owner of the copyright that is allegedly infringed.
13. Applicable Law
You agree that these Terms and Conditions and any dispute arising out of your use or misuse of this website or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this website is located, without regard to its conflict of law provisions. By registering or using this website and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this website is located.
14. Miscellaneous Information
(I) In the event that these Terms and Conditions conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain valid and intact; (II) The failure of either party to assert any right under these Terms and Conditions shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (III) You agree that without regard to any statue or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (IV) We may assign our rights and obligations under these Terms and Conditions and we shall be relieved of any further obligation.
By continuing to browse or otherwise accessing the website, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave this website now. By logging into your TheMoodyBear.com account or using any TheMoodyBear.com you signal that you accept these Terms and Conditions in full.
16. content and Materials
TheMoodyBear.com may use your website to show potential clients examples of what we do. This includes product images and descriptive text, as well as links to your site. TheMoodyBear.com may help market your items for sale through "showcases" and other product search sites, i.e. Google Product Search or Kelkoo, in an effort to increase your sales. TheMoodyBear.com stores may contain a small advertising space across the top of each page (The TheMoodyBear.com Banner) and usually a link to this website. TheMoodyBear.com reserves the right to use this space to market TheMoodyBear.com, included but not limited to images and HTML controls and elements, its partners and products being sold in an effort to bolster TheMoodyBear.com and its clients.
Where permissable by law, TheMoodyBear.com is the sole arbiter of the meaning and context of these terms and conditions.
18. Usage data
In the course of managing and optimising stores, TheMoodyBear.com monitors the activity of sites to develop better selling techniques for our clients. This information resides on our servers and is never passed on to a third party, and never used for marketing purposes. This information is held purely to provide statistical analysis and trace errors, in an effort to benefit our clients.
19. Refund Policy
Please see our FAQ
TheMoodyBear.com reserves the right to terminate without notice inactive accounts.
21. Domain Names
Themoodybear.com may operate under other domain names with the suffix: .com, .net, .org, .co.uk, .biz, .info, .eu, .name, .be, .co.in, .de, .dk, .nl.
The TheMoodyBear.com account pages and website are designed for use in Microsoft Internet Explorer (versions 7 and up), Mozilla FireFox and Google Chrome. Support for other browsers is not necessarily provided.
From time to time, TheMoodyBear.com's servers must be disabled for updates - i.e. important security updates or software upgrades. Where possible, notice will be given of this down-time and the store front will be kept open. An example of an update which will receive no notice is a critical security update which closes a loophole detrimental to our shoppers' security or experience.
24. Support & Contact Details
All support is strictly handled online via TheMoodyBear.com contact page.