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TERMS AND CONDITIONS OF USE

Welcome to the InTheGlo website, located at www.intheglo.com (the "Website"), developed and operated by InTheGlo, Inc. ("Sponsor," "we," "our," or "us"). The Website enables visitors (either an individual or an entity) ("Visitors", "you" or "your") who are at least eighteen (18) years of age to access an online community including a store, chat rooms, feedback, message boards, blogs, forums, news groups, and other informative resources.

Please read this Agreement carefully before accessing or using the Website. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND THE WEBSITE'S PRIVACY POLICY, AND ANY OTHER GUIDELINES, POLICIES OR RULES APPLICABLE TO OUR SERVICES, all which are incorporated herein by reference (this "Agreement") all of which may be updated by us from time to time without notice to you. If you do not wish to be bound by this Agreement, you are not authorized to use this Website. Some of our other guidelines, policies or rules include our Copyright Tips, Mature Content rules and Fee Policy.

By accessing or using this Website you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are under 13 years of age, then please do not use the Website. If you register on behalf of a business, you represent to Sponsor that you have the authority to bind that business and your acceptance of this Agreement will be treated as acceptance by that business. In that event, "you" and "your" will refer to that business in this Agreement.

We reserve the right to modify this Agreement at any time, and you agree to review the Agreement periodically to be aware of such modifications and your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement.

  1. Registration.
    1.1 Capacity. Registration is not required to view most content on the Website. However, Visitors must register ("Registrants") in order to Post Registrant Content (defined below) and to view certain Registrant Content. If you want to Post Registrant Content you will be subject to our Fee Policy. By checking the box "Accept" next to the text of the "Terms and Conditions of Use", each Registrant acknowledges that such Registrant is at least eighteen (18) years of age and has read, agrees with and accepts to be bound by the terms and conditions set forth in this Agreement. Failure to check the "Accept" box will prevent an individual from becoming a Registrant.
    1.2 Accurate Information. Registrants agree to provide us with accurate, complete and current information during registration, and to update information provided to us if and when such information should change. We use many techniques to verify the accuracy of the information Registrants provide to us when they register. However, because user verification on the Internet is difficult, we cannot and do not confirm each Registrant's purported identity. Alternatively, to help you evaluate other Registrants with whom you are dealing we have established a user-initiated feedback system. We also encourage you to communicate directly with potential transaction partners through the tools available on the Website. You may also wish to consider using a third party escrow service or services that provide additional user verification.
    1.3 Registrant Profile; Password. Registrants will create a user ID and password ("Registrant Profile"). User IDs may not be vulgar, offensive or obscene; be subject to any rights of a person other than yourself without proper authorization, or use another person's name with the intent to impersonate that person. Registrants agree not to allow any third party to use their Registrant Profile to access the Website and to safeguard the information that would allow another person or entity to access the Website by using their Registrant Profile. Registrants agree to be responsible for their failure to safeguard such information and/or to allow any other person or entity to access or use the Website by using their Registrant Profile. No part of a Registrant Profile may be transferred or sold to another party. Registrants agree to notify Sponsor immediately of any unauthorized use of their Registrant Profile or the Website. Registrants agree to never use another Registrant's User ID, password or Registrant Profile. Registrants and Visitors agree that Sponsor shall not be liable for any loss that results from the unauthorized use of a Registrant's Registrant Profile, either with or without such Registrant's knowledge and you may be liable for the losses of the Website or others due to such unauthorized use.
    1.4 Revocation of Registration. Registrant agrees that we have the right to cancel your registration for any reason at any time, in our sole discretion. The revocation of a Registrant's registration shall result in the loss of access to portions of the Website accessible by Registrants, and Registrants agree that we shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect our interests.
  2. Website Access. We hereby grant you permission to use the Website as set forth in this Agreement. In addition to this Agreement, your use of the Registrant Content may be subject to separate license terms as set forth by third parties.

    You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of our services or any content available through the Website (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. In addition, you may not remove any proprietary notices or labels. Unless expressly authorized, you shall not frame or otherwise display any portion of the Website or any of its contents. No hyperlinks to any password protected web pages on the Website are allowed. Hyperlinks to non-restricted pages are allowed, subject to review and termination by us in our sole discretion. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes other than as specifically permitted. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Registrant Content.

    Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.

  3. Content.
    3.1 Registrant Content. Sponsor may now or in the future permit the submission ("Posting") of videos, images, text or other communications by you and other users ("Registrant Content") and the hosting, sharing, and/or publishing of such Registrant Content. You understand that whether or not such Registrant Content is published, we do not guarantee any confidentiality with respect to any submissions.
    3.2 Posting/Listing. You retain all of your rights in your Registrant Content. You shall be solely responsible for your own Registrant Content and the consequences of posting or publishing it on the Website. In connection with any and all Registrant Content Posted by Registrant to the Website, Registrant expressly warrants and represents that (i) such Registrant either owns or has obtained all necessary licenses, rights, consents, and permissions to use and authorize the Website to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Registrant Content and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Registrant Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Registrant Content in the manner contemplated by the Website and this Agreement. By Posting Registrant Content to the Website, Registrant also warrants and represents that such Registrant Content does and will not infringe or violate any party's proprietary, publicity, privacy, or other rights and that such Registrant Content is and will not be defamatory or libelous. Registrant agrees not to Post or otherwise distribute or facilitate the distribution of any Registrant Content using any communication or other service available through the Website, and Registrant shall not list any item or service on the Website, that:
    (a) is fraudulent, deceptive, false, inaccurate or misleading, misrepresents the source or identity of any content, or impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Sponsor;
    (b) is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment;
    (c) interferes with or disrupts the Website, services connected to the Website, or otherwise interferes with operations or services of this Website in any way, including through the use of JavaScript, ActiveX, or other coding;
    (d) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person's copyrighted work;
    (e) is patently offensive to the Website community, such as Registrant Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    (f) contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
    (g) harasses or harms, or advocates the harassment or harming of another person;
    (h) involves the transmission of "junk mail", pyramid schemes, "chain letters," or unsolicited mass mailing or "spamming";
    (i) promotes information that is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    (j) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
    (k) displays nudity, profanity, pornographic, obscene or sexually explicit material of any kind;
    (l) provides material that exploits people in a sexual or violent manner, is exploitative of a minor or solicits personal information from anyone under the age of 18;
    (m) provides instructional information about illegal activities or involves the sale of illegal, counterfeit or stolen items;
    (n) solicits passwords or PII for commercial or unlawful purposes from other Registrants or PII from Visitors;
    (o) causes us to lose (in whole or part) the services of our ISPs or other suppliers;
    (p) links to or includes descriptions of goods, services or other content, directly or indirectly, to which such Registrant does not have a right to link, which are prohibited under this Agreement or any other policies or community guidelines posted on the Website, which are identical to other items you have for sale but are priced lower or which are concurrently listed for sale on a website other than a website affiliated with Sponsor (this does not prevent linking to or advertising an item or service you are offering from another website);
    (q) encourages others to violate this Agreement; or
    (r) violates any applicable local, state, national, or international law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) and/or constitutes an offer, for sale or otherwise, of any firearms, explosives, weapons, tobacco products, controlled substances, pharmaceuticals, counterfeit or stolen articles, registered or unregistered securities or any items that would cause us to violate any applicable law or regulation and/or lists items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall.
    3.3 Quality of Registrant Content; Review of Registrant Content; DISCLAIMER.
    (a) Sponsor does not guarantee that any Registrant Content will be made available on the Website, whether continuously or at all. Sponsor has no obligation to and does not, in its ordinary course of business, review Registrant Content Posted on the Website, and therefore we do not guarantee the accuracy, integrity or quality of such Registrant Content and we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Registrant Content will not appear on the Website. Sponsor has the absolute right to monitor all Registrant Content in our sole discretion. In addition, we reserve the right to alter, edit, refuse to Post or remove any Registrant Content, in whole or in part, for any reason or for no reason, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our Registrants, Visitors and service providers. Sponsor has no obligation to use or respond to any of submissions of Registrant Content. In the event that you object to any Content appearing on the Website, you shall notify Sponsor in writing.
    (b) You understand that when using the Website, you will be exposed to Registrant Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or compliance with intellectual property rights of or relating to such Registrant Content. You further understand and acknowledge that you may be exposed to Registrant Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Website with respect thereto, and agree to indemnify and hold Sponsor, its owners/operators, affiliates, subsidiaries and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
    (c) SPONSOR EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND ENDORSEMENT AND MAKES NO REPRESENTATION AS TO THE VALIDITY OF ANY CONTENT POSTED ON THE WEBSITE. SPONSOR EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN ANY REGISTRANT CONTENT, FOR LINKS EMBEDDED THEREIN, OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SPONSOR BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH REGISTRANT CONTENT. THE OPINIONS EXPRESSED BY REGISTRANT CONTENT ARE SOLELY THE OPINIONS OF THE REGISTRANTS WHO HAVE POSTED SUCH CONTENT, AND DO NOT REFLECT THE OPINIONS OF SPONSOR.
    3.4 Public Content. No Registrant Content Posted shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on Sponsor's part and Sponsor shall not be liable for any use or disclosure of any such Registrant Content.
    3.5 Usage Limitations. Registrant Content Posted to the Website may be subject to size and usage limitations. Registrants are responsible for adhering to such limitations.
  4. Intellectual Property.
    4.1 Copyright. Except for Registrant Content, any content on the Website, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and any newsletters or other materials created and distributed through the Website by Sponsor or its licensors, is the property of Sponsor or its licensors, as applicable, and is protected under the copyright laws of the United States and other countries. You must abide by all copyright notices or restrictions contained on the Website. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content (including any copyrighted material, trademarks, service marks, logos or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose except as set forth in this Agreement or with the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Content.
    4.2 Sponsor Materials. Subject to the limited license set forth in Section 5.2 hereof, you may have the opportunity to download and use certain materials provided to you by Sponsor ("Sponsor Materials") for personal use only. You acknowledge and agree that you shall not infringe or otherwise violate the copyright or other proprietary rights of any Sponsor Materials.
    4.3 Infringement. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You shall not store any significant portion of any Content in any form.
    4.4 Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of Sponsor or its licensors or suppliers (collectively, the "Trademarks") and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or Post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Website, except as set forth in this Agreement or with our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits Sponsor.
    4.5 Copyright Agent. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any Registrant Content has been copied and Posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (i) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Sponsor actual knowledge of facts or circumstances from which infringing material or acts are evident.

    Sponsor's copyright agent for notice of claims of copyright infringement can be reached as follows:

    Name: Law Office of Sonya del Peral
    Address: 22 Park Row, Chatham, New York 12037
    Telephone: 518-392-4267
    Fax: 518-392-4389

    We suggest that you consult your legal advisor before filing a notice with Sponsor's copyright agent. Be advised that pursuant to this Agreement you are granting certain licenses to use your Registrant Content. You should note that there can be penalties for false claims under the DMCA.

  5. License.
    5.1 Use. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, sell, or in any way exploit any portion of the Website, except that you may download Content from the Website as machine readable copies and/or print copies of any web page, provided that such copies will be used for your own personal (non-commercial) use and not for the purposes of competing in any manner with the Website or Sponsor.
    5.2 Grant of License to Registrant Content. By Posting Registrant Content to the Website or by otherwise submitting Registrant Content to us, Registrants automatically grant, and represent and warrant that they have the right to grant to Sponsor, a non-exclusive, perpetual, irrevocable, sublicensable, transferable, assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of, derive revenue or other remuneration from, distribute, perform or display such Registrant Content (in whole or in part) and/or to incorporate such Registrant Content in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Registrant Content for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. Sponsor shall not be limited in any way in its use, commercial or otherwise, of any Registrant Content appearing on the Website. Registrants hereby waive any moral rights in, or approval rights to, such Registrant Content. Further, we have the explicit right to incorporate any Registrant Content Posted or conveyed by any Registrant to this Website into any further work, in any medium, without prior consent or review, and without payment of any royalty or fee whatsoever. You also hereby grant each user of the Website a non-exclusive license to access your Registrant Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Registrant Content as permitted through the functionality of the Website and under this Agreement. The foregoing license granted by you terminates once you remove or delete a Registrant Content from the Website.
    5.3 Grant of License to Sponsor Materials. Notwithstanding Section 6.1 hereof and as part of your use of the Website, Sponsor grants to you a revocable, non-exclusive, non-transferable and limited license, without the right to sublicense, for the sole purpose of downloading and viewing the Sponsor Materials on your personal computer. The grant of this limited license is in no way intended, and shall not be interpreted, to grant to you any rights or license permitting you (i) to translate, alter, copy, revise, modify, change, or create derivate works based on the Sponsor Materials in whole or in part; (ii) to publish, display, distribute, sell, rent or otherwise make the Sponsor Materials, in whole or in part, available to any third party; or (iii) to print or otherwise reproduce the Sponsor Materials, in whole or in part. Subject to the limited license granted in this Section 6.3, Sponsor retains any and all rights that now or hereafter exist with respect to the Sponsor Materials.
    5.4 Integrity of Registrant Content. In connection with any and all Registrant Content Posted by Registrant to the Website, Registrant warrants and represents that (i) such Registrant either owns all rights title and interest in and to such Registrant Content, or, alternatively, (ii) such Registrant has obtained prior written authorization from the owner(s) of all rights title and interest in and to such Registrant Content. By Posting Registrant Content to the Website, Registrant also warrants and represents that such Registrant Content does and will not infringe or violate any party's proprietary, publicity, privacy, or other rights and that such Registrant Content is and will not be defamatory or libelous or otherwise violates this Agreement.
  6. Services.
    6.1 Services. Sponsor is not a traditional retailer. Although the Website is referred to as an online marketplace, Sponsor is not itself offering any of the Posted goods or services for sale. Instead, the Website is a venue which allows third parties the ability to offer, sell, and buy certain goods, in compliance with our policies (the "Goods"), within a fixed price format. Sponsor is not involved in the actual transaction between buyers and sellers. Accordingly, Sponsor has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot guarantee that a buyer or seller will actually complete a transaction. As Sponsor does not transfer legal ownership of items from the seller to the buyer, both the title and the risk of loss for any Goods pass directly from the seller to the buyer. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using our service, you explicitly agree to accept such risks. In the event that you have a dispute with one or more users, you release Sponsor (and Sponsor's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Further, neither buyer nor seller may interfere with any other Registrant's listings or transactions.

    Sponsor shall not be liable for any failure to perform its obligations under this Agreement where such failure results from any cause beyond Sponsor's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

    6.2 Fees. There is no cost to join or set up a shop on the Website. However, Sponsor charges fees for listing items or services for sale through your shop. When you list an item you have an opportunity to review and accept the fees that you will be charged. Our Fee Policy is incorporated into this Agreement by reference. Such fees are subject to change from at any time and from time to time. Changes to the Fee Policy and the fees for our services are effective immediately after such changes are posted on the Website. We reserve the right at any time and from time to time to temporarily change the Fee Policy and the fees for our services for promotional events. Such changes shall be effective when posted on the Website, and for the time period specified in the posting. Sponsor may, at Sponsor's sole discretion, change some or all of the services at any time. Unless otherwise stated, all fees are quoted in U.S. Dollars (USD). You are responsible for paying all fees associated with using the Website and services and any applicable taxes.

    On the last day of each month Sponsor will email an invoice to you listing all of your transactions and the corresponding charges. You are responsible for providing Sponsor with up-to-date PayPal™ or credit card account information, which will be kept on file. If the invoice is not paid in full by you [by the 5th day of each month][within 5 days of the date the invoice was sent], Sponsor will automatically charge your PayPal or credit card account for the invoice amount on the 6th day of each month. If there are any items on the invoice which you consider to be inaccurate, you must send an email within 14 days of the date the invoice was sent to billing@intheglo.com, so that we can resolve the issue. If you are unable to respond before any disputed charge has been posted to your credit card, please do not challenge the amount with the credit card company, but instead notify us and we will work with you to resolve the issue as quickly as possible.

    6.3 Buying. All sales are binding. Buyers are obligated to complete the purchase of an item or service on the Website within 5 days of making a commitment to purchase. Buyers are obligated to immediately pay in full if using PayPal by clicking the "Buy Now" button during checkout. If a seller so permits, a buyer who wishes to pay by mail with a money order or personal check must send the seller a message on IntheGlo to notify the seller that the payment is in the mail within 5 days of the commitment to purchase, and the payment in full must actually be deposited in the mail within such 5 day period.
    6.4 Selling. All sales are binding. If you, as a seller, receive a purchase request (order) and payment you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.

    You, as a seller, must own or otherwise be legally able to sell and transfer ownership of any item(s) you list for sale on the Website. Additionally, you must be legally entitled to offer and perform any services you list for sale on the Website. You must describe your item(s) and/or service(s) and all terms of sale on the listing page for such item(s) or service(s). Your listings may only include videos, text descriptions, graphics, pictures and other content relevant to the sale of that item or service. All listed items and services must be listed in an appropriate category. Each listing must accurately and completely describe the item(s) or service(s) for sale in that listing. Each unique item or service must have its own listing. If you have more than one of an item in stock, all items in that listing must be identical.

    The price stated in each item or service description must be an accurate representation of the sale. Manipulative pricing practices will not be tolerated. For example, you may not intentionally state one price in the description and then charge a higher price to the buyer, alter the price prior to a sale for the purpose of avoiding Sponsor's transaction fees, hack into another user's account and alter their prices or charge additional fees for services which are not described in the listing. Similarly, buyer may not manipulate the price of any item or service for any reason.

    Sellers must abide by all of Sponsor's policies and the sellers' own individual shop policies. Sellers will have an opportunity to create their own individual shop policies regarding payment, credits, returns, shipping and other matters and are expected to abide by such shop policies. Sellers must sell and ship only the item as described and/or must provide the service in the time and manner specified in the offer. Sponsor reserves the right to request that a seller modify its shop policy.

    Without limiting any other remedies, Sponsor, without notice, may suspend or terminate your account if we suspect, in our sole discretion, that you have violated any of Sponsor's applicable policies, including those set out in this Agreement or any guidelines, policies or rules posted on the Website, or you have engaged in an improper or fraudulent activity in connection with the Website.

    6.5 Feedback. To help you evaluate buyers and/or sellers with whom you are dealing we have established a user-initiated feedback system. As a Seller, you acknowledge that your feedback consists of comments left by other users on the seller's profile page and/or the listing page, if multiple units of stock [and a composite feedback rating compiled by Sponsor]. Because feedback ratings are not designed for any purpose other than for facilitating transactions between buyers and sellers on the Website, you agree that you shall not use, market or export your feedback rating in any venue other than those affiliated with the Website.

    You may not take any actions that may undermine the integrity of the feedback system. Sponsor may, without prior notice and at its sole discretion, limit the number of purchases and listings which you may place on the Website based upon the level of your feedback. If you earn a low percentage feedback rating, your account will automatically be flagged for staff review, at which time your membership may be fully or partially suspended, and you may be unable to list or buy.

  7. Links.

    Sponsor and/or third parties may provide links to other websites of possible interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites, we do not sponsor or endorse such websites, and we are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that Sponsor shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.

    You may include on your website a link to the Website, provided that such website: does and will not infringe or violate any party's proprietary, publicity, privacy, or other rights; is not defamatory or libelous; is not fraudulent; is not designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment; does not interfere with or disrupt the Website, services connected to the Website, or otherwise interferes with operations or services of this Website; does not or will not infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person's copyrighted work; is not patently offensive to the Website community, such as the website promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; does not harass or harm, or advocate the harassment or harming of another person; does not involve the transmission of "junk mail", pyramid schemes, "chain letters," or unsolicited mass mailing or "spamming"; does not promote information that is false or misleading, or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; does not contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); does not display pornographic, obscene or sexually explicit material of any kind; does not provide material that exploits people or animals in a sexual or violent (including hunting) manner, is exploitative of a minor or solicits personal information from anyone under the age of 18; does not provide instructional information about illegal activities; does not solicit passwords or PII for commercial or unlawful purposes; does not cause us to lose (in whole or part) the services of our ISPs or other suppliers; does not link to materials or other content, directly or indirectly, to which you do not have a right to link; or does not violate any applicable local, state, national, or international law. Further, neither your link, nor any other content on your website, shall mislead or suggest that your website is sponsored by or affiliated with the Sponsor or the Website. Sponsor reserves the right to revoke, at any time, this limited authorization to links to the Website.

  8. DISCLAIMER OF WARRANTIES.

    THE WEBSITE, SERVICES, CONTENT AND MARKS ARE PROVIDED BY SPONSOR "AS IS" AND "AS AVAILABLE". YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SPONSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, IN CONNECTION WITH THE WEBSITE, THE SERVICES AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE WEBSITE. THE SPONSOR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE SPONSOR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE SPONSOR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. SPONSOR, AND ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS DO NOT WARRANT THAT: (A) THE WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS.

  9. LIMITATION OF LIABILITY.

    IN NO EVENT SHALL THE SPONSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) RESULTING FROM YOUR USE OF OUR SERVICES, OR ANY CONTENT, PRODUCTS OR SERVICES OFFERED ON OR PROVIDED THROUGH OUR WEBSITE WHETHER AS A RESULT OF ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SPONSOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIABILITY FOR ANY DIRECT DAMAGES UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    YOU SPECIFICALLY ACKNOWLEDGE THAT THE SPONSOR SHALL NOT BE LIABLE FOR REGISTRANT CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    The Website is controlled and offered by Sponsor from its facilities in the United States of America. We makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  10. Indemnity. You shall defend, indemnify and hold harmless Sponsor, its officers, directors, employees and agents ("Indemnitees") from and against any and all claims, damages, liabilities, injuries, losses or expenses, including attorneys' fees and expenses of counsel and the collection thereof, that may be incurred by or asserted or awarded against any Indemnitee, arising out of or in connection with or by reason of, or in connection with the preparation for a defense of, any investigation, litigation or proceeding arising out of, related to or in connection with, any use or misuse of Registrant Content (including the items or services offered therein) Posted to or transmitted through our Website, any claim that any Registrant Content (including the items or services offered therein) Posted by you caused damage to a third person, your use of our Website, your connection to our Website, your breach of this Agreement, your violation of any law or the rights of a third party or your gross negligence or willful misconduct (collectively, "Claims").

    Sponsor shall have the right, in its sole discretion, to select its own legal counsel to defend the Indemnitees from any Claims, and you shall be solely responsible for the payment of all reasonable attorneys fees incurred by the Indemnitees in connection therewith. You shall not, without the prior express written approval of Sponsor, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any Indemnitee. This defense and indemnification obligation will survive this Agreement and your use of the Website.

  11. Third Parties. Your participation, correspondence or business dealings with any third party found on or through the Website, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Sponsor shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
  12. Privacy. Sponsor views the protection of your privacy as a very important responsibility. The terms regulating the handling of personally identifiable information and other information provided by you in connection with the Website is described in our Privacy Policy.
  13. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Sponsor by this Agreement.
  14. Termination. Sponsor may terminate your access to all or any part of the Website and services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your registration. You may terminate your use of the Website and services at any time by following the instructions in the Membership Termination Guidelines,, provided that all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Any fees paid hereunder are non-refundable.
  15. Notices. By becoming a Registrant or by sending e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on this website. You consent to receive communications from us electronically. Further, you agree that all communications including but not limited to agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  16. Governing Law. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
  17. General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by Sponsor, in its sole discretion, to a third party, but may not be transferred or assigned by you. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
  18. Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at support@intheglo.com.

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