Please read the following terms and conditions of use carefully before using the website.
YOUR AGREEMENT TO THESE TERMS
By using Yamibuy Services and/or the App, you agree to these conditions. Please read them carefully.
We offer a wide range of Yamibuy Services, and sometimes additional terms may apply. When you use an Yamibuy Service (for example, Your Profile, Gift Cards, Yamibuy Points, Yamibuy Videos, or Yamibuy applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that Yamibuy Service ("Service Terms"). You are authorized to use the Services and the App only if you agree to abide by all applicable laws, rules and regulations ("Applicable Law") and these Terms. If you do not agree to be bound by these Terms and to abide by all Applicable Law, you must discontinue use of the Services and uninstall the App immediately. We reserve the right to modify these Terms at any time and from time to time, and each such modification shall be effective upon posting on the Services. Your continued use of the Services and/or App following any such modification constitutes your agreement to be bound by and your acceptance of the Terms as so modified. It is therefore important that you review these Terms regularly. Your use of, or participation in, certain Services may also be subject to different or additional terms without advanced notice. If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use any Yamibuy Service, or send e-mails, live chat, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, live chat, texts, mobile push notices, or notices and messages on this site or through the other Yamibuy Services, such as our Message Center and App.
All content included in or made available through any Yamibuy Service, such as text, graphics, logos, button icons, images, video clips, digital downloads, data compilations, and software is the property of Yamibuy or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Yamibuy Service is the exclusive property of Yamibuy and protected by U.S. and international copyright laws.
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 an 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 to change or delete any proprietary notices from materials downloaded from the site.
Yamibuy’s graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Yamibuy Service are trademarks of Yamibuy in the U.S. and other countries. Yamibuy's trademarks may not be used in connection with any product or service that is not Yamibuy's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Yamibuy. All other trademarks not owned by Yamibuy that appear in any Yamibuy Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Yamibuy.
LICENSE AND ACCESS
If you use any Yamibuy Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. 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.
You may not create multiple accounts and/or invite your own accounts in the attempt to receive discounts, free gifts, credits, or participate in promotions and sweepstakes. Yamibuy reserves the rights to refuse service to any accounts including but not limit to honor pricing/discounts, promotions, free gifts, or sweepstakes prize at Yamibuy’s sole discretion.
Yamibuy does not sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Yamibuy Services only under the supervision of a parent or guardian. Alcohol and adult product listings on Yamibuy are intended for adults only. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol; you must be at least 18 years of age to view or purchase adult related products. Yamibuy is not responsible for purchases made by anyone under the required age to use our website. Yamibuy reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, if the age requirement is not met.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content does not violate Yamibuy’s communications policy. 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 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 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, offensive, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or, other intellectual property right of another or (d) illegal, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited messages, (e) or otherwise unacceptable to Yamibuy.com in its sole discretion.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Yamibuy reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Yamibuy a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Yamibuy and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Yamibuy for all claims resulting from content you supply. Yamibuy has the right but not the obligation to monitor and edit or remove any activity or content. Yamibuy takes no responsibility and assumes no liability for any content posted by you or any third party.
Harassment in any manner or form on the site, by use of obscene or abusive language, via e-mail, chat, phone, product reviews, or comments 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.
RISK OF LOSS
All items purchased from Yamibuy and Yamibuy Marketplace are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Yamibuy does not issue a refund to returned item(s) until the item arrives and been inspected at our returns center. Your refund will be issued back to your original form of payment in the following orders: Yamibuy Gift Cards,Yamibuy Points, original form of payment. At our discretion, a refund may be issued without requiring a return. In this situation, Yamibuy does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy
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. Yamibuy does not warrant that product descriptions or other content of any Yamibuy Service is accurate, complete, reliable, current, or error-free. 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. If a product offered by Yamibuy itself is not as described, your sole remedy is to return it in unused condition.
SALES TAX & REGULATORY FEES
Items sold on Yamibuy.com and shipped to destinations in the following states are subjected to tax:
- New Jersey (Starting November 1st, 2017)
If an item is subject to sales tax in the state to which the order is shipped, tax is generally calculated on the total selling price of each individual item. The amount of tax charged on your order will depend upon many factors including type of item purchase, and destination of the shipment. Factors can change between the time you place an order and the time of credit card charge authorization, which could affect the calculation of sales taxes. The amount appearing on your order as Estimated Tax may differ from the sales taxes ultimately charged.
No sales tax is charged when purchasing gift cards; however, purchases paid for with gift cards may be subject to tax.
Prices are subject 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.
- If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
- If an item's correct price is higher than our stated price, we will cancel your order and notify you of the price error and order cancellation. You will, of course, have an opportunity to purchase the item at the correct price, if you so wish.
OTHER BUSINESSES (Third Party)
Parties other than Yamibuy operate stores, provide services, or sell product lines through the Yamibuy Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Yamibuy does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
YAMIBUY SOFTWARE (APP) TERMS
When you use apps created by Yamibuy, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. By using Yamibuy Software, you agree to the following terms:
- 1. Use of the Yamibuy Software(App). You may use Yamibuy Software solely for purposes of enabling you to use and enjoy the Yamibuy Services as provided by Yamibuy, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Yamibuy Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Yamibuy Software or otherwise assign any rights to the Yamibuy Software in whole or in part. You may not use the Yamibuy Software for any illegal purpose. We may cease providing any Yamibuy Software and we may terminate your right to use any Yamibuy Software at any time. Your rights to use the Yamibuy Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Yamibuy Software that are specifically identified in related documentation may apply to that Yamibuy Software (or software incorporated with the Yamibuy Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Yamibuy Service is the property of Yamibuy or its software suppliers and protected by United States and international copyright laws.
- 3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Yamibuy Software, whether in whole or in part, or create any derivative works from or of the Yamibuy Software.
- 4. Updates. In order to keep the Yamibuy Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
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.
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.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE YAMIBUY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE YAMIBUY SERVICES ARE PROVIDED BY YAMIBUY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YAMIBUY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE YAMIBUY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE YAMIBUY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE YAMIBUY SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YAMIBUY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YAMIBUY DOES NOT WARRANT THAT THE YAMIBUY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE YAMIBUY SERVICES, YAMIBUY'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM YAMIBUY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YAMIBUY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY YAMIBUY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY YAMIBUY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
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.
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.