Conditions of Use
Please read the following terms and conditions of use carefully before shopping on moegallery.com. All shoppers and customers of moegallery.com agree that moegallery.com may end use of an individual's profile or account if the following terms and conditions are abused.
Please note access to moegallery.com is subject to the following terms and conditions and other applicable law.
moegallery.com at any time may reserve these terms and conditions by updating this posting. By using moegallery.com, you agree to be bound by any such changes.
Use of Site
You represent and warrant that you are 13 years of age and/or visiting moegallery.com under the supervision of a parent or guardian.
The entire content included in moegallery.com, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of moegallery.com. The collective work includes works that are licensed to moegallery.com Copyright 2010. moegallery.com all right reserved. Permission is granted to electronically copy and print hard copy portions of moegallery.com for the sole purpose of placing a item purchase with moegallery.com. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of moegallery.com solely for your own non-commercial use, or to place a item purchase with moegallery.com or to purchase shape-ups and designer brand items. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of moegallery.com is strictly prohibited, unless authorized by moegallery.com, Inc. You further agree not to change or delete any proprietary notice from materials downloaded or printed from moegallery.com.
All trademarks, service marks and trade names of moegallery.com used in the moegallery.com(including but not limited to the kobevi name) are trademarks or registered trademarks of moegallery.com, Inc. They may not be used without moegallery.com prior written permission. Any other intellectual property on moegallery.com, including but not limited to patents, issued or pending, is the sole property of moegallery.com, Inc. and/or its licensors.
All items purchases placed through moegallery.com are subject to moegallery.com acceptance, which is in its sole discretion. Without limitation, this means that moegallery.com may refuse to accept or may cancel any item purchase, whether or not the item purchase has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an item purchase that is subsequently cancelled, moegallery.com shall issue a credit to your credit card account.
moegallery.com and the materials and items on moegallery.com are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, moegallery.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. moegallery.com does not represent or warrant that the functions contained in the moegallery.com will be uninterrupted or error-free, that the defects will be corrected, or that moegallery.com or the server that makes the moegallery.com available are free of viruses or other harmful components. moegallery.com does not make any warrantees or representations regarding the use of the materials in moegallery.com in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Use of Information Submitted
You agree that moegallery.com is free to use any comments, information or ideas contained in any communication you may send to moegallery.com or submit to moegallery.com without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving moegallery.com or other products or services.
Participation Disclaimer / Use Restrictions
moegallery.com does not and cannot review all communications and materials posted to or created by shoppers and customers accessing moegallery.com and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on moegallery.com, moegallery.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user generated content or activities on moegallery.com. You may not post or otherwise distribute content to moegallery.com which moegallery.comin its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of moegallery.com or another party, illegal, or otherwise objectionable to moegallery.com. You may not upload commercial content on moegallery.com or use moegallery.com to solicit others to join or become members of any other commercial online service or other organization.
You agree to indemnify, defend, and hold harmless moegallery.com, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct) by you or any other person accessing moegallery.com using your Internet account.
Limitation of Liability
moegallery.com shall not be liable for any special, incidental, indirect or consequential damages that result from the use of, or the inability to use, the materials on moegallery.com or the performance of the items purchased through moegallery.com, even if moegallery.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Your use of moegallery.com shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Specifically, this Agreement shall be subject to California Revised Statutes Chapter 72, "Sales". Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to moegallery.com(including but not limited to the purchase of moegallery.com) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to moegallery.com (including but not limited to the purchase of moegallery.com) must be commenced within one (1) year after the claim or cause of action arises. By using moegallery.com, you agree to receive electronic communications from moegallery.com. You agree that any notice, agreement, disclosure or other communication that moegallery.com sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. moegallery.com failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct the parties nor trade practice shall act to modify any of these terms and conditions. moegallery.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Terrmination and Effect of Termination
These terms and conditions are applicable to you upon your accessing to moegallery.com.moegallery.com reserves the right in its sole discretion to terminate or restrict your use of moegallery.com, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by moegallery.com without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.