These Terms and Conditions May Change
EXPRESS DANCE STORE
(as updated on January, 2017)
- ABOUT EXPRESS DANCE STORE
The Site is owned by SEREMET Ic ve Dis TIC. ELEK. HIZM. ORG. PAZ. SAN. ve TIC. LTD STI having its registered address in ISTIKLAL CADDESI MIS SOKAK TAN APT 4/8 BEYOGLU ISTANBUL/TURKEY
. This Site is a virtual market place allowing its registered users to offer, sell and buy products and services related with dance, sport and performance. The Site aims at merely bringing the buyer and seller users together. The actual contract of sale is executed directly between the buyer user and seller user with no involvement of the Site. The Site provides a platform to reunite the buyer and seller users along with certain guidelines in relation to pricing, shipping, listing or otherwise which are of an informational nature. Buyer and seller users are free to determine the terms and conditions of each and every transaction among themselves. The Site is not and cannot be considered as an auctioneer. As any transaction occurred through the Site shall be between the buyer and seller users, the Site does not give any representation or warranty on, among others, the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
- CONDITIONS OF USE
The User, when using or accessing the Services, agrees to the following:
2.1 The User represents and warrants that it has the legal capacity to enter into contract (such as being not being under 18) and has not been suspended from using or accessing the Services;
2.2 The User represents and warrants that all registration information submitted by it is true and accurate;
2.3 The User agrees to comply with all applicable laws (including but not limited to, those governing tax rules, export control, consumer protection, unfair competition, anti-discrimination or false advertising), terms and conditions of this Agreement together with all annexes thereof, any third party rights and as well as all other operating rules, policies and procedures that may be published from time to time on the Site, each of which is incorporated herein by reference and each of which may be updated by Tangouru from time to time without notice to the User;
2.4 The User shall keep its password secure and it shall be fully responsible for all activity, liability and damage resulting from failure to maintain password confidentiality.The User agrees that EXPRESS DANCE STORE shall not be liable for any loss or damage arising from User’s failure to keep its password secure.
2.5 The User shall keep its account information accurate at all times and shall have a valid e-mail address. To sell items on EXPRESS DANCE STORE you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
2.6 The User cannot transfer or assign its account and user identity to any third party without EXPRESS DANCE STORE consent. In case the User is registered as a legal entity, it hereby guarantees that person accessing the Site and using the Services is authorized to do so and it has the authority to represent and bind the legal entity User in relation to this Agreement.
- RESTRICTED ITEMS AND ACTIVITIES
3.1 The User agrees that the Site is neither responsible nor has control over any activities of the User regarding EXPRESS DANCE STORE or content submitted, posted, and displayed on EXPRESS DANCE STORE by the User including without limitation any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”).
3.2 The User shall not post unlawfully threatening, unlawfully harassing, inaccurate, misleading, false, defamatory or libelous Content and the Content submitted by the user shall not impersonate or intimidate any person (or falsely state or otherwise misrepresent User affiliation with any person, be fraudulent or involve illegal, counterfeit or stolen items.
3.3 The User and the Content submitted by it shall not infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
3.4 The User shall not interfere with any other user’s listings, business or shop.
3.5 The User shall not take any action that may undermine online reviews or feedback.
3.6 The User shall not circumvent any technical measures used by the Site to provide the Services, shall not modify, adapt or hack EXPRESS DANCE STORE or modify another website so as to falsely imply that it is associated with EXPRESS DANCE STORE.
3.7 The User shall not distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm Tangouru or the interests or property of users.
3.8 The User shall not collect information about users without their consent.
3.9 In case of failure by the User to comply with the above, EXPRESS DANCE STORE shall be entitled to, in its sole discretion, take any steps to prevent and mitigate the such failure by way of limiting, suspending, or terminating the User account(s) and access to the Services, delaying or removing hosted content and taking technical and/or legal steps to prevent the User from using the Services.
3.10 EXPRESS DANCE STORE reserves the right to refuse or terminate the Services to anyone for any reason at its discretion.
4.1 The User hereby grants EXPRESS DANCE STORE a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and other intellectual property rights it has in the Content, in any media known now or developed in the future.
4.2 The User represents and warrants that its provision of Content on the Site, posting of the Content while using the Services and use of such Content by other Users, the Site or contracted third parties will not infringe any of the licence rights granted in preceding Section above. The User further agrees to hold Tangouru harmless for any dispute concerning this use.
- EXPRESS DANCE STORE INTELLECTUAL PROPERTY
ISTANBUL-EXPRESS, Express DANCE STORE , and other Express Tango graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks in the Republic of Turkey and/or other countries (USA/MADRID (International Trademark Service)) EXPRESS TANGO’s trademarks may not be used in connection with any product or service in any manner that is likely to cause confusion.
- LISTING AND SELLING CONDITIONS
A seller User agrees to comply with the following terms and conditions when listing an item in addition to any other selling policies or rule for listing which may be published from time to time on the Site and incorporated herein by reference.
6.1 A seller User is responsible for the accuracy and content of the listing and item offered. Item offered shall include an accurate description (text, graphics, pictures and other content relevant to the sale of that item together all terms of sale.
6.2 A seller User should clearly indicate its policies including shipping, returns, payment and selling policies which shall be reasonable and in good faith. Express LLC reserves the right to request a seller user to modify its selling policy in accordance with Express LLC policies.
6.3 A seller User shall deliver items sold by it, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity.
6.4 A seller User shall not alter the item’s price after a sale for the purpose of avoiding Tangouru transaction fees, misrepresent the item’s location, or use another user’s account without permission.
6.5 A seller User agrees that listing may not be immediately searchable by keyword or category for several hours and Tangouru cannot guarantee exact listing durations.
- PURCHASING CONDITIONS
A buyer User agrees to comply with the following terms and conditions when buying an item in addition to any other policies or rule for purchasing which may be published from time to time on the Site and incorporated herein by reference.
7.1 A buyer User is responsible for reading the full item listing before making a bid or commitment to buy.
7.2 A buyer User enters into a legally binding contract to purchase an item when committing to buy an item or having the winning bid (or your bid is otherwise accepted).
7.3 A buyer User agrees that EXPRESS DANCE STORE does not transfer legal ownership of items from the seller to the buyer.
7.4 The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance, for example, the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller.
- FEES AND BILLING
8.1 Registration and signing up on EXPRESS DANCE Store is free. The User will be charged for using the Services. A seller User will be a charged fee for listing an item for sale and a commission which is a percentage of the sale price when the item sells. These standard selling fees are available in www.expresstango.org/store/thriftango-fees
8.2 Express reserves its rights to amend, modify and change the selling fees from time to time by posting the changes on the Site with 14 days prior notice. Temporary changes in the selling fees and the fees for Services for promotional events (e.g. free listing days) will be effective as from the date when such changes are posted on the Site. Unless otherwise stated, all fees are quoted in US Dollars (USD).
8.3 The User shall be responsible for paying all fees and applicable taxes associated with using Services provided by Express.
8.4 The User will send an invoice to the seller User’s email address detailing the amount due for the prior month’s fees and charges. The seller User shall pay the amount due as shown in the invoice in full within 15 days of the date of the invoice, or the account will be considered past due and be subject to late payment fees and penalties as applicable.
8.5 In case the fees due by the User cannot be collected for any reason whatsoever including without limitation due to termination by Express of a seller User’s listing or account or closing by a seller User of its account, the User shall remain obliged to pay all unpaid fees and charges together with any late payment fees, penalties or default interest applicable thereto.
In case of breach of the provisions of this Agreement or any other documents, guidelines, policies incorporated herein by reference; or Express Tango Store believes that a User or its actions may cause legal liability or financial obligations to Tangouru or its other users, without prejudice to any other remedies available to Tangouru under this Agreement or any applicable law, Tangouru may, without notice, and without refunding any fees, delay or immediately remove Content, temporarily or permanently suspend a User or its account privileges, prohibit access to the Site, and take technical and/or legal steps to prevent the User from using the Services.
- 1 DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Express DANCE Store does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Tangouru’s control. The User agrees that Express DANCE Store, Express DANCE Store’s subsidiaries, officers, directors, employees, suppliers provide the Services “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, Express DANCE Store excludes all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The User further agrees that in no event Express Dance Store, Express Dance Store’s subsidiaries, officers, directors, employees shall be liable for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, compensatory, incidental, indirect, or consequential damages) resulting directly or indirectly from use of the Site or Services, this Agreement or any other documents, guidelines, policies incorporated herein by reference. Regardless of the foregoing, liability Express Tango Store, Express Tango Store subsidiaries, officers, directors, employees to the User or to any third party is limited to the greater of (a) the amount of fees paid by the User to EDS in the 12 months prior to the action giving rise to the liability, or (b) $100.
The User will indemnify and hold Express Dance Store (and its affiliates and subsidiaries, and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of User’s breach of this Agreement, any law or the rights of a third party or the User’s improper use of Services.
12.1 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
12.2 The User Agreement and all polices set forth the entire understanding and agreement between the User and Express DANCE Store you and supersede all prior understandings and agreements of the parties.
12.3 The following Sections survive any termination of this User Agreement: Fees and Billing, Content, Disclaimer of Warranties; Limitation of Liability; and Indemnity.