Twin Baby Bargains LLC Terms & Conditions
Twin Baby Bargains LLC offer’s its services (described below) to you through website (twinbabybargains.com), mobile applications, social media and other software made available by Twin Baby Bargains (“Software”) Services are subject to the following Terms and Conditions (which may be changed from time to time with necessary updates). We reserve the right, at our own discretion, to change portions of these Terms and Conditions at any time without further notice. You should periodically review and check this page to see the current Terms and Conditions in which you will be held responsible and bound to. In continuing the use of services after any such changes take place, you are accepting the new Terms and Conditions. If you do not agree with current or future Terms and Conditions, do not continue to use the services provided. You take sole responsibility in checking and reviewing the Terms and Conditions on a regular basis to see if there are changes to these Terms and Conditions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND DETAILS REGARDING LEGAL RIGHTS, AND OBLIGATIONS THAT APPLY TO YOU. PLEASE INDICATE ACCEPTANCE OF THESE TERMS AND CONDITIONS IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED BY TWIN BABY BARGAINS. INDICATING ACCEPTANCE ESTABLISHES A BINDING WRITTEN AGREEMENT BETWEEN YOU AND TWIN BABY BARGAINS. IF YOU DO NOT AGREE OR ACCEPT ALL THE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO USE THE SERVICES.
Access and Use of the Service
Description of Services: The Service provides a website based as well as mobile and social media marketplace for twin baby products in which customers can upload photographs, list and sell their items, and buyers can browse and buy the items.
Third Party and other Services: You can register for the Service using third party services (e.g., Facebook Connect and other social media services) and otherwise link other third party services to your Twin Baby Bargains experience. In integrating different services into the website, mobile applications, and other services, we make the online experiences more personal and robust. In order to take advantage of the features, you may be asked to register for or log into such services on their respective websites. By agreeing to third party services, you are allowing us to pass your information to those providers. Please be aware that how each third party service uses, stores and/or discloses your information is governed by their policies, and Twin Baby Bargains has no responsibility for the privacy practices or any other actions of any third party site or service that may be used within our services.
Also, Twin Baby Bargains is not responsible for the accuracy of or use of any kind of any information, data, content, or statements made in connection with any and all third party services. Thus, Twin Baby Bargains is not liable or responsible in any way for any damage or loss caused and/or alleged to be caused by or in conjunction with use of any such third party service provider. These features are put forth as a convenience and the inclusion of such features does not imply an endorsement or recommendation of any third party service used.
Registration Process : You may also be allowed to officially register with our services directly without the use of above stated third party services. Whether or not you choose to register for our services either directly or through a third party service, you agree to provide and maintain information that is complete, current and accurate and is true about yourself. Services are only made available to those who under law are allowed to form binding, legal contracts. Services are not available to minors. If you are not legally allowed to or qualified, do not use provided services. We at Twin Baby Bargains, hold the right to deny access to anyone or service at any time at our sole discretion.
Member Account, Password and Security: Once registered, you are solely responsible for the maintenance of your account information, password and any activity that takes place in your account at all times. You will promptly notify Twin Baby Bargains if you suspect any unauthorized use of your account activity is taking place. Twin Baby Bargains will not assume any liability for damages or loss stemming from failure to adhere to terms and conditions as well as any information listed in this section.
Changes to Service: Twin Baby Bargains maintains the right to alter or stop, temporarily or on a permanent basis, services (or any part thereof) with or without notice. You agree that Twin Baby Bargains does not assume any liability to you or to any third party provider for any changes or ending of any services.
Use and Storage Practices: You agree that Twin Baby Bargains may implement both practices and limits regarding use of services. You agree that Twin Baby Bargains has no liability or responsibility of data or any other content from being deleted or improperly stored or transmitted by any service or third party provider. You agree that Twin Baby Bargains holds the right to delete and/or terminate accounts that are inactive for a time period that is considered to be more than a reasonable amount of time. You also agree Twin Baby Bargains holds the right to alter any practices and limits at our discretion, at any time that may come with or without notice.
Mobile Services: In accessing any services through your mobile device, you agree that your standard wireless carrier’s fees, data rates, or any other fees apply and you are responsible for. Also, your carrier may limit downloading, installing or using specific services and not all carriers and devices allow functioning of all services.
Conditions of Use
Conduct Policy: You agree to hold sole responsibility and liability for all activity taking place on your account, including but not limited to descriptions, pictures of items, listings, information, data, text, software, music, sound, graphics, video, messages or other materials (“content”) that you upload, post, publish or display or otherwise transmit through our services, and for any items that you sell or buy via our services. Twin Baby Bargains holds the right to review and/or investigate and follow through with legal action against anyone who is determined by Twin Baby Bargains to violate terms and conditions and this provision, and including without limitation can remove the offending items or content from the services, suspend and/or terminate the account of such violators and report you to the proper authorities or law enforcement. You agree to not use our services to but not limited to:
- sell, post or otherwise transmit data or any item or content that considered to be (1) unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful or otherwise objectionable; (2) you do not have the right to sell, buy or transmit under any law or under contractual or fiduciary relationships; (3) makes or creates a privacy or security risk to any person(s); (4) infringes any property including intellectual property, or other rights of proprietary nature of any other party; (5) makes unsolicited or otherwise unauthorized advertising, promotional materials, and commercial activities including but not limited to spamming, junk mail, chain letters, sweepstakes, pyramid schemes or any other form of unapproved solicitation; (6) contains viruses or any other computer code, files or programs designed to corrupt, interrupt, destroy or reduce the function of any computer software or hardware or equipment; or (7) in Twin Baby Bargains sole judgment, is considered objectionable or which restricts any other person from using or enjoying the services, or which may expose Twin Baby Bargains or its users to any harmful matter or liability of any type; your affiliation with a person or entity;
- Impersonate anyone else, their account or any other entity, or misrepresent yourself with another person, user, or entity.
- petition personal information from anyone under the age of 18 or anyone who you are not personally interacting with in good faith to carry out transactions or services
- Gather email addresses or any other contact information (personal or not) of other users by any means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or attempt to sell or buy any goods or carry out any transaction other than those items that were intended to be sold and purchased in our marketplace
- interfere with the services anything connected to our services, or disobey any terms and conditions, requirements, procedures, policies; or
- violate any applicable law of a local, state, national, or international nature, or any regulations involving the force of law;
- advance or encourage criminal activity or provide information about illegal activities; or
- Acquire or attempt to obtain materials or information through any and all means not intentionally made available or provided for through our services
International Use; Export Controls: Any available software in connection with our services as well as the transfer of data, if any, is subject to United States export controls. No Software is allowed to be downloaded from our services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your own risk. Recognizing the internet as a global environment, you agree to adhere to all local rules and laws regarding your use of our services, including all concerns of online conduct and acceptable content.
Purchase and Sale Transactions
Transaction Fees: Registration is always free; however, Twin Baby Bargains charges fees for transactions that take place through our services. Our Fee Policy is available at (FEE POLICY). Unless stated otherwise, consider all fees to be in U.S. Dollars. In addition to the payment of the purchase price for a purchased item, buyers are also responsible for the payment of all shipping costs and all applicable sales, and other required taxes or duties associated with the purchase and sale of any items. All shipping costs and taxes will not be included in the listed price for any items listed from sellers, but will be available to buyers before finalizing any purchase. Sellers are responsible for all income taxes associated with items purchased and sale of any items through our services. You as the purchaser effect any transaction using a credit card, and must have a valid credit card on file, and we will (or a third party credit card processor may) store your credit card information. Twin Baby Bargains will verify your credit card information, but will not charge your credit card unless you conduct an activity that would normally require a necessary transaction from your credit card. By authorizing to pay for a transaction with your credit card, you allow us to charge your listed credit card.
Changes in Fees: We hold the right to alter or stop, temporarily or permanently, some or all of the fees for the services and such changes are effective upon being posted. We may also alter our fee policy at any time at our own discretion, such changes are effective upon posting with or without notice.
Twin Baby Bargains is only a marketplace: Twin Baby Bargains is an interactive marketplace for users to connect and buy and sell twin baby items. Twin Baby Bargains only provides a marketplace service, and does not serve to provide transactional involvement between parties. All parties involved assume certain risks when dealing with others, which may include users who act under misleading or false identities and pretenses. You agree that you assume these risks, and bear sole responsibility and not Twin Baby Bargains. Twin Baby Bargains does not control the behavior of all of the users interacting in the marketplace or any of the content posted or listed by users. Thus, Twin Baby Bargains does not offer assurance in regards to the authenticity, quality, safety, or legality of any items listed through our services. There is also no guarantee that every transaction will be completed fully, as we cannot ensure every user will follow through in their part of the transaction.
Listing Rules and Regulations: Twin Baby Bargains does not allow listing and sale of any items that are deemed illegal to sell under any applicable state and federal laws, statutes, ordinances, or regulations.
Selling: You must have legal authority to buy and sell the items taking place in any transaction listed in the marketplace. You must always define the item(s) being listed, price, and any terms of the transaction in your post to the most complete description and to your knowledge honestly, and in reasonable accuracy. If an offer is mutually agreed upon in a transaction, you must complete your end of the transaction unless it violates listing regulations or any terms and conditions as listed. Once the transaction is completed, you will be held responsible for commission payment to Twin Baby Bargains. During a transaction, offers to sell can be retracted at any time before mutual acceptance, but not after.
Buying: If there is a mutual purchase agreement of an item, you are responsible to follow through on the purchase of the item and obligated to complete the entirety of the transaction in accordance to the terms listed by the seller(s). Your responsibility is held unless the transaction violates laws or other items listed in these terms and conditions.
Shipping: Upon the confirmation of any completed transaction and purchase of items, the seller will hold responsibility of shipping the aforementioned items. Shipping costs are determined by the seller, and mutually agreed upon by both the seller and buyer. Shipping details can be chosen during the listing process of the item. The seller must ship the purchased item to the buyer by the agreed upon shipping method, and within 7 days of finalizing the transaction. If the seller does not ship the item within this time period, then the seller will be notified that the order may be null and void unless other details are discussed and mutually agreed upon by the seller and buyer. Generally all sales are final on Twin Baby Bargains, in the event that a buyer desires a return (see appropriate reasons for returns below), the seller should be able to provide documentation of shipping date and/or other shipping information to attest to the date and time of shipment as the buyer has a 3 day window from receipt of the purchased items to request the necessity of a return. If no communication is made from the buyer within this 3 day time period, then the buyer assumes acceptance of the item and no return is possible. All funds can be credited to a seller’s account through the use of permitted third party payment services (i.e. PayPal).
Returns: Returns are not allowed, but we still aim to ensure a happy marketplace experience. If any item purchased is deemed to be wrong, damaged, incorrectly listed or described and/or missing, then you must contact the buyer or Twin Baby Bargains within 3 days of receipt of the item(s). After the third day of that time period, returns will not be allowed under any circumstance.
Services and Trademarks: The Twin Baby Bargains name and logos are trademarks and service marks of Twin Baby Bargains. Twin Baby Bargains trademarks displayed on the service should not be used without our prior written permission.
You agree that the Twin Baby Bargains service may contain images and or descriptions of items and other content that is protected by patent, trademark, or copyright laws. You agree not to modify, copy, loan, sell, distribute or create derivative versions based on this protected content. You agree to not employ any data mining or other prohibited data gathering modalities. Any use of the Twin Baby Bargains content other than as specifically authorized herein is strictly prohibited. The technology underlying the service is the property of Twin Baby Bargains and our associates. Any rights not expressly granted herein are reserved by Twin Baby Bargains.
Third Parties: Twin Baby Bargains is not liable in any way for items or content posted by third parties (including any errors in posted content, or any losses perceived as a result of third party content that is posted, sold or purchased via Twin Baby Bargains). As a user you are bound to any risks associated with the content on the service including the safety, condition, and accuracy of purchased or posted content or items. You agree that Twin Baby Bargains does not screen items or content prior to posting, but that Twin Baby Bargains shall have the right (but not the obligation) to refuse or remove any items or content that fails to comply to these Terms of Service or is deemed by Twin Baby Bargains to be unacceptable.
Content: You acknowledge and agree that any information provided by you to Twin Baby Bargains (questions, suggestions, ideas, comments, feedback ect) about Twin Baby Bargains is non-confidential and Twin Baby Bargains has the right to the unrestricted use and distribution of this information for any purpose, without acknowledgment or compensation to you.
You agree that you will not post any content that you did not create or that you do not own out right. You are independently responsible for the content you post or transmit on the Twin Baby Bargains service. By posting any user content you grant Twin Baby Bargains a royalty free, transferable, irrevocable license to copy, display, distribute, store, modify, make replicate or similar works of and otherwise use in any manner your user content in connection with the operation and marketing of Twin Baby Bargains. Such use may include any form or technology (including without limitation publishing your User Content on the Internet or on websites such as Facebook, sharing it as blog content, etc., as well as allowing other users to share listings that include your User Content).
You agree that Twin Baby Bargains may share content if required to do so by law as reasonably necessary to: (1) comply with legal process or laws (2) enforce these Terms of Service; (3) respond to claims that any content violates the rights of third parties; or (4) protect the rights, property, or personal safety of Twin Baby Bargains, its users and the public.
Resources: Twin Baby Bargains may provide information intended to be helpful or educational as well as links to other sites and resources on the Internet. You acknowledge that Twin Baby Bargains has no control over such third party sites and resources and is therefore not responsible for such sites and resources. Twin Baby Bargains is not responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, events, goods or services available on Twin Baby Bargains or through any third party site or resource. Twin Baby Bargains does not endorse such third party sites or resources.
Indemnity and Release: You agree to release and hold Twin Baby Bargains and its affiliates and employees, harmless from any from any losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Twin Baby Bargains service or any user content (including any sale or purchase of any items through the Service).
Disclaimer of Warranties: You agree that your use of this service is at your own risk. The Twin Baby Bargains service is utilized on an “as is” basis. Twin Baby Bargains disclaims any and all warranties of any type, including those that are express, implied or statutory (implied warranties of merchantability and fitness for use). Twin Baby Bargains makes no promise or guarantee that the service will meet your requirements or expectations, furthermore there is no guarantee that you will be able to sell your items or purchase any items through the use of this service. There is likewise no guarantee that the service provided by Twin Baby Bargains will be uninterrupted, timely, secure or error free. The quality of any purchased goods, products or obtained information via the services provided by Twin Baby Bargains are not guaranteed in terms of quality, accuracy, reliability, safety, or meeting your personal expectations or requirements.
Limitation of Liability: You agree and understand that Twin Baby Bargains is not liable for any indirect or direct damages or losses resulting from the use of the services provided. Twin Baby Bargains is not liable for damages or losses even if Twin Baby Bargains has been advised of the possibility of such damages or losses including any injury or bodily harm that may result from the use of the service. Twin Baby Bargains is likewise not liable for unauthorized access to your transmissions or data or the cost of obtaining substitute products or goods resulting from transactions or use of the service. Twin Baby Bargains is not liable for any statements or actions of third parties on the service. In no event shall Twin Baby Bargains liability to you for any damages or losses exceed the amount of commission that you have paid to Twin Baby Bargains as a seller in the last 6 months, or if greater, seventy dollars $70.00. If you are dissatisfied with any portion of the services provided your sole option for rectification is to discontinue participation and usage of the Twin Baby Bargains service.
Conflict Resolution: All disputes, claims, or controversies arising out of or relating to these Terms of Service or the service provided that are not resolved by mutual agreement between the buyers and/or sellers in the Twin Baby Bargain marketplace may be resolved through mediation efforts between Twin Baby Bargains staff and the conflicted parties at the discretion of Twin Baby Bargains on a case by case basis and without obligation.
Termination: Twin Baby Bargains, in its sole discretion, may terminate or suspend your account or parts of your account as they see fit. This may include removal (for any reason) of any items or content posted without limitation if Twin Baby Bargains believes there has been a legitimate violation of these Terms and Conditions of Service. Twin Baby Bargains may at any time choose to deactivate or delete your account or discontinue providing the service of use to you with or without notice. You agree that Twin Baby Bargains is not liable to you for any termination of your access to the services provided. If there is discovery or suspicion of any fraudulent or illegal activity you may be subject to loss of service and referral to law enforcement officials.
Disputes: Twin Baby Bargains reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the service. You agree that you are solely responsible for your interactions between users while utilizing the service (including any buying and selling). Twin Baby Bargains will have no liability or responsibility with respect to these interactions.
General: These Terms of Service constitute the entire agreement between you and Twin Baby Bargains and govern your use of the service. With respect to any disputes or claims not subject to previously described dispute resolution and mediation, you and Twin Baby Bargains agree to submit to the exclusive jurisdiction of the state and federal courts located within Craven County, North Carolina. Any claim or cause of action related to use of Twin Baby Bargains services or to these Terms of Service must be filed within one (6) months after such claim or cause of action arose or be forever prohibited. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings. There may be changes or addendums to these Terms of Service at any time on an as needed basis and as determined by Twin Baby Bargains and its staff.
Twin Baby Bargains Users License Agreement: By clicking on the “Accept” and/or “Sign up” buttons on the service you are agreeing that you have reviewed and agree to the terms and conditions set forth herein and are bound to these conditions. If for any reason you do not agree to any and all of the terms set forth in this document, you should click “Cancel” and the download process will cease.
Questions? Concerns? Suggestions? Please feel free to contact us at [email protected] to report any violations of these Terms of Service or for questions regarding this Terms of Service information.