TERMS OF SERVICE
Once you complete and submit your registration,you have opted in to receive email communication from us. You may not use theService for any purpose that is unlawful or prohibited by these Terms &Conditions, or to solicit the performance of any illegal activity or otheractivity, which infringes the rights of TheBagz.com or others. Notwithstandingany other rights or restrictions in these Terms & Conditions, you may notuse the Service to: (a) transmit via or through the Service any information,data, text, images, files, links, or software except in connection with yourauthorized use of the Service or otherwise in response to specific requests forinformation by us; (b) introduce to our websites or otherwise in connectionwith the Service any computer or website viruses, worms, Trojan horses and/orharmful code; (c) obtain unauthorized access to any computer system; (d)impersonate any other person, including but not limited to, a registered userof the Service or an employee of TheBagz.com; (e) invade the privacy or violateany personal or proprietary right (including intellectual property rights) ofany person or entity; (f) misrepresent the identity of a user or use a falsee-mail address; (g) tamper with or obtain access to our websites or mobileapplications or any component of any of them; (h) conduct fraudulentactivities; or (i) collect or harvest information regarding other users of theService for any reason whatsoever, including, without limitation, for sendingsuch users unsolicited commercial e-mail.
You are responsible for maintaining theconfidentiality of your account and password. You agree to acceptresponsibility for all activities that occur under your account or password.You agree to immediately notify us in the event of any unauthorized use of youraccount or other breach of security.
3. Additional Terms and Conditions.Additional terms and conditions may apply to specific portions of the Service,which terms are made part of these Terms & Conditions by reference. Youagree to abide by such other terms and conditions. If there is a conflictbetween these Terms & Conditions and the terms posted or emailed for, orapplicable to, a specific portion of the Service or your registration, thelatter terms shall control with respect to your use of that portion of theService or your registration.
The following terms and conditions apply to theapplicable features in connection with the Service:
4. Accuracy of Content; Limitations on Quantity. The information we provide in connection with the Service is believed to be complete and reliable; however, the information may containtypographical errors, pricing errors, and other errors or inaccuracies. We will correct errors as soon as practicable. We reserve the right to: (i) revoke anystated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, content, promotion offers, product descriptions orspecifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged,shipped, or received, except as prohibited by law). We also reserve the right to limit quantities (including after an order has been submitted and/oracknowledged) and to revise, suspend, or terminate an event and promotion atany time without notice (including after an order has been submitted and/oracknowledged). The offer of any products, Service and/or experiences at acertain time does not guarantee that the products, Service and/or experiences will be available.
5. Proprietary Rights. ExcludingMember Content, you acknowledge and agree that the content, software, materialsand other components (including but not limited to our logos, graphics, videos,music, button icons, and page headers) used in connection with the Service arethe property of TheBagz.com and are protected by copyrights, trademarks,service marks, or other proprietary rights and laws. You agree not to sell,license, rent, modify, distribute, copy, reproduce, transmit, publicly display,publicly perform, publish, adapt, edit, or create derivative works from contentor materials available on our website in connection with the Service. Use ofthe content and materials for any purpose not expressly permitted in theseTerms & Conditions is prohibited.TheBagz.com relies upon a network ofindependent vendors who supply some of the goods we advertise. We are notliable for any infringement of copyrights, trademarks or other proprietary orintellectual property rights arising out of content posted on or transmitted inconnection with the Service.
6. Links to Third-Party Websites.Our website may contain links to other websites on the Internet. Youacknowledge that we have no control over such websites and that we are notresponsible for the accuracy, content, legality, or any other aspect of anylinked website. In no event shall any reference to any third party, third partywebsite, or third party product or service be construed as an approval orendorsement by us of that third party, third party website, or of any productor service provided by a third party.
7. Indemnification. By using theService, you agree to indemnify, hold harmless, and defend TheBagz.com, itsparent, subsidiaries, divisions, and affiliates, and their respective officers,directors, employees, successors, agents, subsidiaries, partners, contractors,vendors, manufacturers, distributors, representatives, and affiliates from anyclaims, damages, losses, liabilities, and all costs and expenses of defense,including but not limited to, attorneys’ fees, resulting directly or indirectlyfrom a claim (including without limitation, claims made by third parties forinfringement of intellectual property rights) by a third party that arises inconnection with (i) your use or misuse of the Service; (ii) your breach of theTerms & Conditions; (iii) your violation of any law or the rights of athird party; or (v) your Member Content. You agree to cooperate as fully asreasonably required in the defense of any claim. TheBagz.com reserves the rightto assume the exclusive defense and control of any matter subject toindemnification by you.
8. Disclaimers. TheBagz.com isnot and shall not be at any time responsible or liable for any loss or damageof any kind, including personal injury or death, (whether in tort, contract, orstrict liability) arising out of or related to the use of this website, or toany act or omission by registered customers, by TheBagz.com or by any thirdparty or by any of the equipment or programming associated with or utilized in connectionwith the Service. Any content submitted by our vendors does not necessarilyreflect the opinions or policies of TheBagz.com.
THE SERVICE, ALL CONTENT USED IN CONNECTION WITHTHE SERVICE AND ALL TEXT, IMAGES, MERCHANDISE, AND OTHER INFORMATION ON,ACCESSIBLE FROM OR AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICE AREPROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND,EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIESOF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.SPECIFICALLY, BUT WITHOUT LIMITATION,THEBAGZ.COM DOES NOT WARRANT THAT: (i) THEINFORMATION AVAILABLE ON THIS SERVICE IS FREE OF ERRORS; (ii) THE FUNCTIONSCONTAINED ON THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTSWILL BE CORRECTED, OR (iv) THE SERVICE OR THE SERVER(S) THAT MAKES THEMAVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
9. Limitation of Liability. INNO EVENT SHALL THEBAGZ.COM, ITS PARENT, SUBSIDIARIES, DIVISIONS, OR AFFILIATESOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS,SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIESPROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICE BE LIABLE TO ANYUSER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT,SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING,BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE)ARISING OUT OF THE USE OR INABILITY TO USE OR ACCESS THE SERVICE OR ANYINFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY THEBAGZ.COM, WHETHERBASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF THEBAGZ.COM HAS BEENADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.IN NO EVENT SHALL THE TOTAL LIABILITY OF THEBAGZ.COM, ITS PARENT, SUBSIDIARIES,OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES ORTHIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICE TO YOUFOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THESERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO THEBAGZ.COM IN CONNECTION WITH THEAPPLICABLE EVENT AND PROMOTION GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITINGTHE FOREGOING, IN NO EVENT SHALL THEBAGZ.COM, ITS PARENT, SUBSIDIARIES ORAFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, ORTHIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICE HAVEANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED INCONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNTOR OTHERWISE STORED BY OR ON BEHALF OF THEBAGZ.COM.
You hereby acknowledge that the precedingparagraph shall apply to all content, merchandise, products, Service andexperiences available through the Service. Because some countries do not allowlimitations on implied warranties or the exclusion or limitation of certaindamages, in such countries some or all of the above disclaimers or exclusionsmay not apply and liability will be limited to the fullest extent permitted byapplicable law.
10. International Use. We makeno representation that information available in connection with the Service isappropriate or available for use outside the Asia region. Those who choose toaccess the Service from outside the Asia regions do so on their own initiativeand risk and are responsible for compliance with local laws, if and to theextent local laws are applicable.
11. Risk of Loss. The itemspurchased through the Service are shipped by a third party carrier pursuant toa shipment contract. As a result, risk of loss and title for such items pass toyou upon our delivery to the carrier.
12. TheBagz.com Affiliates. TheBagz.comis not affiliated with websites or third parties that sell or advertise ourproducts, Service and/or experiences without a written agreement with us. TheBagz.comreserves the right to void all service, return, and other policies for ordersand TheBagz.com products that were purchased through unauthorized sellers. TheBagz.comis not responsible for any representations by unauthorized sellers.
13. Unavailability of Service;Termination; Fraud. We may alter, suspend, or discontinue theseService in whole or in part, at any time and for any reason, without notice orcost. In addition, the Service may be temporarily unavailable from time to timefor maintenance or other reasons. We may, in our sole discretion, terminate orsuspend your use or access to all or part of the Service or your account ormembership, for any reason, including without limitation, breach of these Terms& Conditions. If at any time, we notify you that your access to and/or useof the Service or your account is terminated, you must cease and desist fromall such access and/or use immediately. We reserve the right to cancel, delay,refuse to ship, or recall from the shipper any order if fraud is suspected. Inthe event these Terms & Conditions or your membership or account areterminated, the restrictions regarding intellectual property matters, the representationsand warranties, indemnities, and limitations of liabilities set forth herein(as well as any other of your obligations which by their nature should survivetermination) will survive termination.
14. Copyright Infringement; Notice andTake Down Procedures. If you believe that any materials on our websiteinfringe your copyright, you may request that they be removed. This requestmust bear a signature (or electronic equivalent) of the copyright holder or anauthorized representative, and must: (a) identify the allegedly infringingmaterials; (b) indicate where on the website the infringing materials arelocated; (c) provide your name and contact information; (d) state that you havea good faith belief that the materials are infringing; (e) state that theinformation in your claim is accurate; and (f) indicate that “under penalty ofperjury” you are the lawful copyright owner or are authorized to act on theowner’s behalf.
15. Modification. These Terms& Conditions are subject to revision by TheBagz.com. If we deem any of therevisions to be material changes, we will notify you in advance by sending youan e-mail to the last e-mail address you provided to us and by posting noticeof the changes to our website. Any changes will be effective upon the earlierof the date specified in such notice or that posting of notice of changes,provided that the changes will not apply to your use of the Service prior tothe effective date of the changes. If you do not accept the changes, you shouldcancel your TheBagz.com membership before the effective date of the changes. Ifany change is found invalid, void or for any reason unenforceable, that changeis severable and does not affect the validity and enforceability of anyremaining changes or conditions. You should check for any new notices ofchanges regularly and stay informed of the Terms & Conditions. Yourcontinued use of the Service after any change, regardless of whether a changewas received by you directly, indicates your acceptance and agreement to any suchchange.