TERMS OF USE


Yamibuy.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Yamibuy.com grants you a personal, non-exclusive, non-transferable limited privilege to enter and use the site.



Please read the following terms and conditions of use carefully before using the website.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, 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 Yamibuy.com.

The collective work includes works that are licensed to Yamibuy.com.

Copyright 2012, Yamibuy.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Yamibuy.com or purchasing Yamibuy.com products. 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 the site solely for your own non-commercial use, or to place and order with Yamibuy.com or to purchase Yamibuy.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Yamibuy.com. You further agree not tot change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Yamibuy.com used in the site are trademarks or registered trademarks of Yamibuy.com.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Yamibuy.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. Yamibuy.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Ua,oniu.com does not make any warrentees or representations regarding the use of the materials in this site 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.

Limitation of Liability

Yamibuy.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the site or the performance of the products even if Yamibuy.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.

Typographical Errors

Due to product improvements design, specifications are subject to change without notice. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use. We accept no liability for inaccuracies or misstatements about products by marketplace sellers.

Prices are subjected to change without notice. We do our best to make sure that all of the information on this site is accurate. Despite our best efforts, sometimes an item may be priced incorrectly. In the event a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, Yamibuy reserves the right to cancel any orders placed for product listed at the incorrect price.

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Yamibuy.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, indemnification and miscellaneous, shall survive any termination.

Notice

Yamibuy.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Yamibuy.com.

Miscellaneous

Your use of this site 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. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Yamibuy.com products) shall be in the state or federal courts located in Washington County, Oregon. Any cause of action or claim you may have to respect to the site (including but not limited to the purchase of Yamibuy.com products) must be commenced within one (1) year after the claim or cause of action arises. Yamibuy.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a wavier of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Yamibuy.com may assign its rights and duties under this Agreement to any part at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Yamibuy.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Yamibuy.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible ofr the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Yamibuy.com is merely acting as a passive conduit for distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Yamibuy.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or, other intellectual property right of another or (d) offensive or otherwise unacceptable to Yamibuy.com in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Yamibuy.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") 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 account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Rhode Island Sales & Use Tax Notice

Rhode Island Residents: Please be advised that pursuant to Rhode Island General Laws §§ 44- 18-18 and 44-18-20, sales or use tax is due on taxable purchases made from Yamibuy. If tax was not paid at the time of purchase, the State of Rhode Island requires all customers who use, store, or otherwise consume taxable goods and services in Rhode Island to file a signed use tax return, Form T-205. This form is available on the Rhode Island Division of Taxation’s website (http://www.tax.ri.gov/). Form T-205 is due on or before the 20th day of each month following the month in which purchases are made, and must be accompanied by a remittance for the amount due. Checks and money orders should be made payable to the Tax Administrator. Please contact the Rhode Island Division of Taxation at (401) 574- 8955 or tax.excise@tax.ri.gov with any questions.

California Proposition 65

Attention California residents: California’s Proposition 65 entitles California consumers to special warnings for products that contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. We know you’re concerned about product safety, and Target takes all necessary steps to comply with all applicable safety and health requirements.

On Yamibuy.com, we provide a Prop 65 link under each item that requires the Prop 65 warning. If a Prop 65 link does not appear for the product you wish to purchase, the supplier of the product has indicated that it does not require the Prop 65 warning.

18 U.S.C Section 2257 Compliance Notice

Yamibuy.com does not produce any content and makes no representation about any content. All image/video products offered on this site and all models pictured on adult product box covers have been produced by other studios or manufacturers. Yamibuy.com is not the primary producer (as that term is defined in 18 USC 2257 and 28 C.F.R. 75 or subsequent case law defining such) of any of the visual content contained in the Website. The original records required pursuant to 18 U.S.C. §2257 and 28 C.F.R. 75 for the materials contained in this website are kept by the Custodian of Records for each of the primary producers.

Yamibuy Marketplace

Product pages contain information provided by third-party sellers and other content providers. Despite our best efforts to make sure that information is accurate, we don’t guarantee it, and images, descriptions, specifications, or other attributes may be incomplete, out of date, unreliable or miscategorized. Before you buy, use or consume a product, you should always review nutritional, ingredient and allergen information and any warnings or instructions. We don’t guarantee the accuracy of nutritional labels or any other information on product packaging.

Shipping Information on Orders to Canada. Your order(s) will ship within 1-3 business days by air. The estimated arrival time is about 5-10 business days. Please be aware when orders shipped internationally reach the destination country, they may be subject to customs clearance procedures which can cause delays beyond original delivery estimates.

International customs regulations. Customs policies vary widely from country to country. Import duties, taxes, and charges are not included in the item price or shipping cost. You understand that you are responsible for paying these charges. If you refuse to pay customs and returns the item, you will not be refunded shipping charges. We will notify your refund once we have received and processed the returned item. You should expect to receive your refund within 1-2 months.

Dispute Resolution

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND YAMIBUY OR ITS SUPPLIERS OR SELLERS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT YAMIBUY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.