Website Terms of Sale
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM NEON MANGO’S WEBSITE AND/OR SOFTWARE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS AND YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR ENTITY THAT YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR ENTITY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE; OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH NEON MANGO INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions of sales (these “Terms”) apply to the purchase and sale of products and services through Neon Mango at www.neonmango.com or through our web-enabled app (together the “Website”). These Terms are subject to change by Neon Mango, Inc. (referred to as “Neon Mango”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced above. You should review these Terms before purchasing any product or services that are available through this Website. Your continued use of this Website after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
- Order Acceptance and Cancellation. You agree that your order is an offer to purchase a license, under these Terms, to the autographs, signed digital media, audio recordings, and related products (each a “Article”) listed in your order from the notable user (the “Notable”) listed in your order. All orders must be accepted by us and the Notable, or we will not be obligated to license the Articles to you. We or Notables may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. If your order is accepted by us and the Notable you may cancel the order any time prior to its fulfillment. You may be provided the ability to request customizations to your Article, however, Notables have sole discretion on the contents of approved Articles, and the Notable has sole discretion on what to include in an Article.
- License Terms. We and the Notable hereby grant to you a personal, perpetual, worldwide, revocable, fully-paid up and royalty free license to use, copy, and maintain your Articles for your personal use. This license will automatically terminate with immediate effect if you breach any agreement with us. You may also post your Article to social media or similar websites, provided you are otherwise compliant with the prohibitions of these Terms of Sale.
- Prohibitions. You may not:
- Distribute copies of your Articles to third parties in any format, including, but not limited to, digital or print, except as specifically permitted in these Terms of Sale;
- Use any Article for commercial purposes;
- Use any Article to defame, slander, libel, or otherwise harm the reputation of any Notable; or
- Represent to others or third parties that any Article is specifically endorsed by us or any Notable, or otherwise use an Article for the promotion or marketing of your or third party goods or services.
Violation of any of these prohibitions or breach of these Terms of Sale shall be grounds for immediate termination of this Agreement and revocation of all licenses to any and/or all of your Articles. We reserve the right to remove Articles from your account if we find you to be in violation of these Terms of Sale.
- Prices and Payment Terms.
- All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All such taxes will be added to your total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- We may offer, from time to time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
- Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We accept Visa, Mastercard, Discover, American Express for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order. In addition you hereby authorize us to, at the time you place an order, run a check of your provided payment method to confirm its validity.
- When you place an order, we may run an initial check on your payment method to confirm authenticity and validity. You hereby give us permission to run such a check.
- All Sales Final. All sales through the Website are final. Your payment method will not be charged until the order is fulfilled.
- Warranty and Disclaimers. We do not control the preparation of Articles offered on our Website. The availability of Articles through our Website does not indicate an affiliation with or endorsement of any Notable or Articles. Accordingly, we do not provide any warranties with respect to the Articles offered on our Website.
ALL SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
- Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE], ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to liability resulting from our gross negligence or willful misconduct.
- Not for Resale or Export. You represent and warrant that you are buying Articles from the Website for your own personal or household use only, and not for resale.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.