(v1.1 - Effective March 10th, 2008)
I. General Terms & Conditions
Please read the following terms and conditions ("Agreement") relating to your use of this site and the products and services provided hereunder carefully.
By i) using this site ii) purchasing any products or services from Nintai Publishing, Inc. ("Nintai"), iii) or utilizing any of the products or services from Nintai through this site, you are deemed to have agreed to this Agreement. We reserve the right to modify them at any time. You should check this Agreement periodically for changes. By using this site after we post any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them. With regard to products and services purchased or utilized from Nintai, the version of this Agreement that were posted at the time of purchase or utilization apply. If at any time you choose not to accept this Agreement, please do not use this site.
Scope of Agreement
This Agreement apply to your use of the website at windowshoppingforwomen.com (the "Site"), as well as to products and services purchased or utilized from the Site. Unless stated otherwise, all references to the Site in this Agreement include this site. This Agreement does not apply to your use of unaffiliated sites to which the Site only links.
Eligibility/Minimum Age Requirement
Some of the information available on the Site (including but not limited to any product or service purchased, utilized or otherwise obtained from this Site) concerns the topic of sex and may not be appropriate for minors. Further, the Site (as well as any product or service purchased, utilized or otherwise obtained from this Site) is not directed to persons under the age of 18 and we will not knowingly collect personally identifiable information from persons under 18.
We hereby require all users of the Site or purchasers of Nintai’s products and services to be over 18. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 18, you agree to immediately stop accessing the Site or using any of the products or services of Nintai. If you are accessing the Site or using or purchasing any of the products or services of Nintai, you represent that you are at least 18 years of age.
Restrictions on Use
Unless otherwise specified, Nintai grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the material provided hereon, and the Fee-Based Services that you subscribed to, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, this Site and/or any of our Fee-Based Products. You understand that only you may use your user account and password, and that your subscription or use of our Fee-Based Products may not be shared with others. If Nintai has reasonable grounds to suspect that you have shared your account access and password with another individual, Nintai has the right to terminate your account and refuse any refund.
You agree that you shall only use the Services and content in a manner that complies with all applicable laws in the jurisdictions in which you use the Services and Content, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Content and Services; (ii) modify, translate, distribute or create derivative works of the Content or the Services; (iii) copy or redistribute the Content; (iv) rent, lease, transfer, or otherwise transfer rights to the Content or the Services; (v) remove any proprietary notices or labels on the Content or Service; and (vi) add to, alter, delete from, or otherwise modify the Content.
Content Posted on the Site
You understand and agree that Nintai may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Nintai violate this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members.
You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Site, or transmit to other Members.
By posting Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Nintai an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
The following is a partial list of the kind of Content that is illegal or prohibited on the Site. Nintai reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication and terminating the membership of such violators. It includes Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- seeks to impersonate any person or entity, or falsely state or otherwise miNintaiepresent your affiliation with a person or entity;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Disclaimers of Warranties
The products, offerings, content and materials (including, without limitation, the Fee-Based products) on this website are provided "as is" and without warranties of any kind, either express or implied. Nintai disclaims all warranties, express or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, title, security, accuracy or non-infringement. Nintai does not conduct criminal background checks on its members.
Neither Nintai, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that this website or any function contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make this website available are free of viruses or other harmful components.
Neither Nintai, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials (including, without limitation, the fee-based products) in this Site in terms of their correctness, accuracy, reliability, or otherwise. Further, please note that no advice or information, obtained by you from our personnel or through this Site shall create any warranty not expressly provided for in this Agreement.
By accessing this Site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Limitation of Liability
You expressly understand and agree that Nintai and our affiliates shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from, (a) the use or the inability to use this Site (including, without limitation, the fee-based products); (b) the use of any content or other material (including, without limitation, the fee-based products) on this Site or any website or websites linked to this Site, (c) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this Site (including, without limitation, the fee-based products); (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on our Site (including, without limitation, the fee-based products); or (f) any other matter relating to this Site. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this Site. If you are dissatisfied with any portion of our Site, or with any of provision of this agreement, your sole and exclusive remedy is the discontinuation of your use of this Site.
No Personal Advice
The information contained in or made available through this Site (including but not limited to information contained on message boards, in text files, in products, from services, or in chats) is for educational and entertainment purposes. The material is not intended to be a substitute for professional counseling. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
Copyright and Trademarks
The content included on this website, including, but not limited to text, graphics, logos, button icons, images, audio clips, video clips, and digital downloads is the exclusive property of Nintai and other respective owners that have granted Nintai the right and license to use such property and is protected by United States and international copyright laws. All trademarks, service marks, and trade names are proprietary to Nintai or other respective owners that have granted Nintai the right and license to use such marks. The Nintai website contains copyrighted material, including, but not limited to: trademarks and other proprietary information, content, text, and graphics. Except as otherwise expressly permitted under copyright law, users may not copy, publish, redistribute, modify, transmit, display, sell, create derivative works, or in any way exploit the content or any portion of the Nintai website without the express permission of the organization.
Third Party Links
This Site contains links to Internet websites maintained by third parties. Nintai does not operate or control in any respect any information, products, or services on such third party sites. Third party links do not constitute any endorsement by Nintai and/or its affiliates. User assumes sole responsibility for use of these third party links. The disclaimers set forth herein are equally applicable to such third party sites.
Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Site. To seek our permission, you may send E-mail to support@windowshoppingforwomen.com. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link this Site, at our discretion at any time.
Membership Fees
Nintai reserves the right to charge fees, surcharges and/or membership fees for any or all of its services currently provided for free at any time upon thirty (30) days prior written notice to you.
II. Public Forum Submission/Participation Policy and Terms
General
As a service to our users, this Site may feature message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups, communities and/or other message or communication facilities and other public/semi-public/private forums (collectively, "Forums") where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons.
Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum. Nintai Publishing, Inc. ("Nintai") has no responsibility for such content and is merely providing access to such content as a service to you.
By their very nature, Forums may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgement when using discussion Forums.
Your Participation/Contribution Requires Consideration
Any information shared (including personally identifiable information or other personal information) that you reveal in a Forum is by design open to the public (or to a private group within a special Forum) and is not a private, secure service. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes.
Confidential Obligations
You agree that you will not upload or transmit any communications or content of any type to a Forum that infringe or violate any rights of any party. Further, you may have entered into an agreement with Nintai that requires you to maintain the confidentiality of certain material or information of Nintai. It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which Nintai has required you to preserve as confidential.
To the extent you are the original copyright holder of any post or submission by you to a Forum and such post or submission does not contain any of the information or material of Nintai or other information you are required to preserve as confidential by Nintai, then; i) you remain owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted Nintai, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree and warrant that Nintai may sublicense or assign its rights through multiple tiers of sublicenses or assigns.
No Obligation to Monitor
Nintai does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, Nintai reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in Nintai's sole discretion.
No Obligation to Remove
Nintai is not obligated to remove any content from the site which does not violate any civil or criminal laws and any contributions intended for display on this web site via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newNintaieader), or otherwise, are presumed to be contributed by the author/contributor with the intent that Nintai shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with Nintai with differing term agreements or Nintai has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit to be published, do not submit it in the first place.
No Endorsement
Nintai does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.
Nintai’s Right to Act
If Nintai discovers communications which allegedly do not conform to the Agreement of this Site, Nintai may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. Nintai will have no liability or responsibility for performance or non-performance of such activities. Nintai reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. You acknowledge that some Forums available through the Site are available only through the Site and others are available both through the Site and other sources over which Nintai has absolutely no control.
III. Product Purchase Agreement
By accepting delivery of any product delivered from Nintai Publishing, Inc. ("Nintai"), viewing such products, or otherwise using such products, you ("Customer") agree to be bound by the terms and conditions ("Agreement") listed below. You and Nintai agree that the following Agreement covers the exclusive terms governing the sales transaction between Customer and Nintai. Any attempt to alter, supplement, modify or amend this Agreement by the Customer will be considered a material alteration and, therefore, are null and void. In addition, this Agreement is subject to change at any time, without prior written notice. Therefore, please check this Agreement carefully each time you place an order with or accept delivery of any goods from Nintai.
Payment Terms; Orders
An order is not binding upon Nintai until it is accepted; Nintai must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with Nintai. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Title; Risk of Loss
Nintai will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) -- excepting software -- and risk of loss passes to the Customer upon delivery to the carrier. Nintai reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow Nintai to sign appropriate documents on Customer's behalf to permit Nintai to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. Nintai will advise Customer of estimated shipping dates, but Nintai will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Shipping Terms
- Products shipped by Nintai may be shipped by UPS Standard or by any other method in the discretion of Nintai;
- Your total cost for purchase of any product will include shipping and handling charges and will be shown on the Nintai invoice;
- All orders require at least 24-48 hours processing time before shipping;
- Nintai does not process orders during weekends;
- No deliveries will be made of Saturday or Sunday;
- Nintai does not guarantee same-day shipping;
- Exact delivery times to any location cannot be guaranteed.
Sales Tax
Sales tax is only required for orders shipping within our resident states of business. Therefore all orders shipping within California will be charged applicable sales tax according to your area's tax rate.
Duty Tax
Orders shipped to PR will have a 6.6% duty tax applied. Exact delivery times to PR cannot be guaranteed.
Nintai Satisfaction Guarantee
Nintai offers our customers a thirty (30) day satisfaction replacement or refund guarantee on all purchases:
To take advantage of Nintai's satisfaction guarantee, the Customer must comply with the Product Return Procedure detailed below. Any breach of Nintai's Return Policy Procedure will result in the loss of Nintai's refund/replacement guarantee. Furthermore, all return shipments not in compliance with these instructions will be rejected.
Product Return Procedure
To return a product in compliance with Nintai's thirty (30) day satisfaction guarantee, you must delete all digital copies and send an email to returns@windowshoppingforwomen.com including the name of the original purchaser, where the refund should be sent to, and a copy of your purchase receipt that you originally received from Nintai.
Customer is solely responsible for all costs associated with any returned product to Nintai. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by Nintai. If any component of the returned product is missing, Nintai's Return Procedure will be breached and Nintai may in its sole and absolute discretion reject the entire return or choose to impose additional charges against Customer for replacement of the missing component(s).
Nintai will not refund to Customer the original shipping charges.
IV. General Terms & Conditions
Governing Law and Jurisdiction
Any dispute arising out of or related to these terms and conditions ("Agreement") or the sales transaction between Nintai Publishing, Inc. ("Nintai") and you ("Customer") shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Nintai and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of California, Los Angeles County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Nintai that is more than one year after the date of the applicable invoice.
Severability
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.
Waiver
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement
This Agreement represent the complete and entire agreement between Nintai and Customer and supersede all prior and contemporaneous agreements of the parties relating to the subject mater hereof. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You acknowledge that you have read this Agreement and understand and agree to all of the Agreement in its entirety. You have independently evaluated the desirability of using Nintai, and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
We sincerely hope you enjoy your use of the Site. Please understand that these rules help make it possible to offer our valued users these Services.