AMSALE owns www.amsale.com (“the Site”). AMSALE owns or has rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content of the Site (the “Content”), and all HTML, CGI and other code and scripts in any format used to implement the Site (the “Code”). The Content and Code of the Site is protected by copyright. Except as set forth herein, you may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Site without the prior written agreement of AMSALE. You may not use the Content or Code from the Site for any purpose other than those set forth herein. All names, logos and trademarks which appear on the Site are the property of AMSALE or are used by AMSALE under license. You may not use any of the foregoing for any purpose without the prior express written permission of AMSALE. Your failure to comply with this Legal Statement will constitute breach of contract and will violate AMSALE’s copyright, trademark and other proprietary and industrial property rights. You may print in hard copy portions of this website with the sole intent of placing an order for AMSALE products or for keeping store location, hours or phone number information. The use of any such material for any other reason, on any other website, or the modification, distribution, or republication of this material without prior written permission from AMSALE or as otherwise specifically directed on the Site as to specific Content is strictly prohibited.
This legal statement contains the terms and conditions governing the Site, and all sites of the affiliates of AMSALE. By using the Site, you expressly accept and agree to abide by all the terms and conditions contained in this Legal Statement. Do not use the Site if you do not accept and agree to these terms and conditions. Unless otherwise referenced herein, any reference to “AMSALE” shall include Amsale Aberra, LLC. and all of its affiliates.
The Site is available only for your personal use, which shall be limited to viewing the Site, providing information to the Site, downloading product information for your personal review and for the purchase of products.
Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of AMSALE, its affiliates or any third party.
If you respond to AMSALE with any information, including but not limited to photographs, feedback, data, questions, comments, suggestions, or the like Site (collectively, the “User Material”), you shall retain all of your ownership rights in your name and any photographs and other material and content you post on, submit or upload, however, such information shall NOT be deemed confidential. You hereby grant to us a royalty-free, worldwide, perpetual, fully sub-licensable, irrevocable, transferable, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and publicly display and otherwise exploit in any manner your User Material, and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to or prior approval by you. By submitting, posting or uploading User Material you represent and warrant that (a) no other party has any rights to the User Material or that you have all rights necessary to grant the rights granted hereunder, (b) the User Material is not subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we shall not be liable for any use or disclosure of any User Material, (c) your provision of the User Material to and through the Site, complies with all applicable laws, rules and regulations; and (d) you hereby indemnify AMSALE for all claims resulting from the User Material you supply. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of the User Material that you may have under any applicable law under any legal theory.
AMSALE will not be liable for any use or disclosure of such information. AMSALE will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. AMSALE will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
AMSALE welcomes your comments and suggestions on its Site and products, but AMSALE does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting information, you warrant that AMSALE may publish such information, use it as part of its operations, and incorporate its concepts in AMSALE products without liability.
Although AMSALE has made every effort to display the products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user and AMSALE cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. AMSALE is not responsible for typographical errors regarding price or any other matter. Subject to the foregoing, the prices displayed are quoted in U.S. dollars and are effective only for United States purchases. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling. Purchase requests to addresses outside the United States cannot be filled.
Prohibited Activities : You may not post, upload or transmit any material or content on or through the Site:
that violates or infringes in any way upon the rights of others;
that solicits, encourages, or promotes the use of illegal substances or activities;
which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;
that is protected by copyright, trademark, trade secret or any other proprietary right, (unless you have secured all rights necessary to grant the rights granted hereunder); that expresses or implies that any statements made by you are endorsed by AMSALE;
that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state or federal law; or
that contains nudity, obscene gestures, obscene language, advertising for products, services or websites and/or contact information (i.e. phone numbers, addresses, URLs or email addresses).
AMSALE publishes information on its Site as a convenience to its visitors. While AMSALE attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The AMSALE products described in the Site may not be available in your region. AMSALE does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions.
AMSALE operates its Site from the United States. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and agree that you are not subject to them.
Visitors assume all responsibility and risk with respect to their use of the Site. AMSALE disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Site, including, but not limited to, all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose. AMSALE does not warrant that the Site is free of computer viruses, bugs or other harmful components. AMSALE does not warrant that the functions contained in the material will be uninterrupted or error-free or that errors will be detected or corrected. AMSALE does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Site. AMSALE does not have any duty to update its Site or modify their Content or Code, and AMSALE shall not be liable for its failure to update such information. It is your responsibility to verify any information contained in the Sites before relying upon it.
AMSALE makes no warranties of any kind regarding any non-AMSALE sites to which the user may be directed or hyperlinked from this Site. Hyperlinks are included solely for the convenience of the user, and AMSALE makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-AMSALE sites.
IN NO EVENT SHALL AMSALE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, AMSALE’S SITE.
AMSALE reserves the right to withdraw access to the Site or to revise the services and products described in the Site at any time without notice.
AMSALE may at any time revise the terms and conditions contained in this Legal Statement by updating this posting. You are bound by any revisions and should periodically visit this page to review the current terms and conditions which apply to your use of the Site.
The invalidity of any term, condition or provision of this Legal Statement shall not affect the enforceability of those portions of the Legal Statement deemed enforceable by applicable courts of law.
AMSALE reserves the right to refuse to send or transmit gift cards, including e-gift cards, that contain vulgur, obscene, abusive, profane or otherwise offensive language.
AMSALE does not assume any liability or responsibility for the accuracy, completeness, reliability, or usefulness of the information posted, disclosed, or accessed by visitors to this site. The use of any such information shall be at the user’s sole risk. IN NO EVENT SHALL AMSALE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGE OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE TO PROPERTY AND INJURY OR DEATH TO PERSONS, ARISING OUT OF OR IN ANY RELATING TO THE USE OR PERMFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH THIS SITE.