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Terms of service

LOWRY & REED: TERMS OF SERVICE AND CONDITIONS OF SALE

LAST UPDATED: JUNE 1, 2026


PLEASE READ THESE TERMS AND CONDITIONS (THE "TERMS") CAREFULLY, AS THEY GOVERN YOUR USE OF THE WEBSITE AND THE SERVICES PROVIDED BY REED ANTIQUES LLC D/B/A LOWRY & REED (HEREINAFTER "COMPANY", "WE", "OUR" OR "US").

ARTICLE 1 – INTRODUCTION AND BINDING AGREEMENT

1.1 OVERVIEW OF COMPANY.  Company operates an online retail business offering rare antiques, collectibles, decorative arts, lighting, and related products for sale, together with related services, including product inquiries, consultations, invoicing, payment processing, shipping coordination, authenticity documentation, restoration-related information, and customer support. Certain items may be available for direct online purchase, while others may be offered exclusively through an inquiry and invoicing process due to their rarity, value, or other business considerations.


1.2 ACCEPTANCE OF THESE TERMS. These Terms govern the use of the website(s) located at LowryandReed.com and TiffanyStudiosLampsandMore.com (the "Website" or "Platform"), including the offering and sale of antiques, collectibles, decorative arts, lighting, and related products; customer inquiries; purchases; payment processing; shipping and delivery; authenticity information and related documentation; use of interactive features, applications, related mobile applications, content, downloads, devices/equipment, and/or other services that we own and control and that post a link to these Terms (each individually, a "Service" and collectively, the "Services"). These Terms apply to all users of the Services, including without limitation users who are browsers, purchasers, and/or contributors of content. Visiting our Website constitutes your electronic signature on this Agreement (the "Agreement") and your consent to execute this Agreement electronically.


By visiting our Website, registering an account, or paying for or using any Service, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, (2) you represent that you are eighteen (18) years of age or older, and (3) you represent that you have the authority to enter into this Agreement, personally or if you have named a company, on behalf of that company (you or any such company, the “User”, “you”, or “your”), and to bind the User to the Terms of this Agreement. If you do not agree to all Terms of this Agreement, or if you do not have such authority, you must not accept this Agreement or access the Services.


To the extent there is a conflict between this Agreement and any additional agreement you have signed with Company (an “Additional Agreement” or “Additional Terms”), this Agreement will control unless the Additional Agreement expressly states otherwise.


Any new features or tools which are added to the Services shall also be subject to this Agreement. You can review the most current version of the Terms at any time on the Website. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

Throughout these Terms, You and Company may be referred to individually as the “Party”, or collectively, the “Parties”.


1.3 ACCEPTANCE OF PRIVACY POLICY. By using the Website or any Service, you acknowledge and accept our Privacy Policy (the "Privacy Policy") and consent to the collection and use of your data in accordance with the Privacy Policy.


ARTICLE 2 – SERVICE DESCRIPTION AND DISCLAIMERS


2.1 SERVICE DESCRIPTION. Company offers Services that may include: (i) the sale of antiques, collectibles, decorative arts, lighting, and related products; (ii) product listings, photographs, descriptions, and related informational content; (iii) customer inquiries and consultations; (iv) payment processing and invoicing; (v) shipping coordination and related customer support; (vi) authenticity information and related documentation where provided; and (vii) such other products, content, features, or services as Company may make available from time to time.


Company may, at its discretion, make certain Services available at no cost (the "Non-Paid Services"). The scope and terms of any paid or fee-based Services are described in the applicable Service Description provided at the time of order, checkout, invoice, or purchase (the "Paid Services").


2.2 ADVICE DISCLAIMER. Company does not provide legal, accounting, investment, tax, medical, or personal advice. Any representation or implication to the contrary is expressly disclaimed. You should consult your own experts before relying on any information made available through the Services.


2.3 PRODUCT INFORMATION; UNIQUE INVENTORY; AVAILABILITY. Company endeavors to accurately describe, photograph, and present all products offered through the Services. However, many products offered by Company are rare, antique, vintage, collectible, or one-of-a-kind items that may naturally exhibit variations in age, wear, patina, restoration, coloration, dimensions, or other characteristics. Photographs and descriptions are provided for informational purposes only and may not perfectly reflect the appearance of a product due to differences in lighting, photography, display settings, or other factors.


Because Company frequently offers unique, one-of-a-kind inventory through multiple sales channels, including its Website, gallery, and live events, product availability is not guaranteed until an order has been accepted by Company. Company reserves the right to cancel any order for any reason, including where a product is no longer available, contains a pricing or listing error, or cannot be fulfilled. If Company cancels an order after payment has been received, Company's sole obligation shall be to refund the amounts actually paid for the unavailable product.


2.4 USER REVIEWS AND OPINIONS DISCLAIMER. Reviews, ratings, comments, and other User Content reflect the opinions of individual Users and do not represent the views of Company. Company does not endorse, verify, or guarantee the accuracy of any review or rating.


Users are solely responsible for the content of their submissions. Company disclaims liability for any statements, representations, or omissions contained in User Content. To the fullest extent permitted by law, Company shall not be liable for any claim arising out of or relating to User-generated reviews or commentary.


Company’s content moderation and removal rights are described in Article 11.6. Company is a provider of an interactive computer service and generally does not act as the publisher or speaker of User Content.


2.5 CUSTOMER REPRESENTATIONS; COMPLIANCE; DUTIES. By using the Services or purchasing any product from Company, you represent, warrant, and agree that:


(a) Authority. You have the legal authority to enter into this Agreement, purchase products from Company, and use the payment method submitted in connection with any transaction.


(b) Accurate Information. All information you submit to Company, including billing information, shipping information, contact information, and any other information provided in connection with your use of the Services or any purchase, is accurate, complete, and current, and you will promptly notify Company of any material changes.


(c) Legal Compliance. You will comply with all applicable federal, state, local, and foreign laws, rules, and regulations relating to your purchase, possession, importation, exportation, transportation, ownership, and use of any products purchased from Company.


(d) Cooperation. You agree to reasonably cooperate with Company in connection with the fulfillment of your order, including providing any information or documentation reasonably requested to verify your identity, payment information, shipping information, or compliance with applicable laws or payment processor requirements.


(e) Verification Requests. You agree to complete any identity, payment, tax, fraud prevention, or other verification reasonably requested by Company or its payment processors in connection with any purchase. Failure to satisfy such requests may result in delayed processing, delayed shipment, cancellation of an order, or refusal of future transactions.

ARTICLE 3 – ELECTRONIC DELIVERY, NOTICE POLICY, AND CONSENT


3.1 ELECTRONIC DELIVERY. By using any Service, you consent to receive from Company, all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, “Contract Notices”) via your mailing address, email, telephone, SMS text messages, push notifications, or facsimile number provided by you when creating an account. Company may provide the electronic Contract Notices by posting them on the Website or other Service.


Your consent to receive communications from Company includes consent to receive communications from third parties working on behalf of Company for the purpose of providing the Services. However, this consent is limited to communications directly related to the Services you receive from Company.


If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services. Although you consent to electronic delivery, you may elect to deliver communications by other means and such delivery shall not affect your consent.


3.2 NOTICE OF CHANGES. You agree to notify us of any changes in your address or other contact details. Company may also deliver information verbally. Communications shall be deemed delivered to you when sent and not when received. You also acknowledge that these communications may be monitored and/or recorded for quality assurance purposes, and you expressly consent to being monitored or recorded.


3.3 EXPLICIT CONSENT FOR THIRD-PARTY MESSAGING. Company may share your contact information with third parties for the purpose of sending you communications only if you have provided explicit consent for such third-party messaging. If you do not provide such explicit consent, third parties will not be allowed to send you communications based on the consent you provided to Company. To stop receiving phone calls or text messages from third parties, please email us at sreedlamps@gmail.com.


Your use of electronic signatures to sign documents legally binds you in the same manner as if you had manually signed such documents. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to you in writing. If you sign electronically, you represent that you have the ability to access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means.


You are obligated to review the Services periodically for changes and modifications and agree not to contest the admissibility or enforceability of the Website or Service’s electronically stored copy of these Terms in any proceeding arising out of these Terms.


You agree and represent that you have a suitable computer with internet access, an email address, and the availability to download, save and/or print communications to retain a record of such communications. You agree that you are solely responsible for maintaining such equipment and services required for online access.


ARTICLE 4 – COMPANY SERVICES AND REGISTRATION


4.1 COMPANY SERVICES. Company will provide the Paid Services as set forth in the applicable Service Description associated with each Paid Service and these Terms. For purposes of this Agreement, "Service Description" means the documentation, product listing, invoice, order confirmation, or other materials, whether incorporated by reference or presented at the time of order, inquiry, checkout, or purchase, that describe the applicable products, Services, pricing, specifications, features, or other terms, as may be updated by Company from time to time.


Use of any Non-Paid Services is subject to the Terms set forth in this Agreement, including any applicable limitations, disclaimers, and usage restrictions. Company reserves the right to modify or discontinue Non-Paid Services at any time, with or without notice.


4.2 REGISTRATION. In order to use the Services, you may be required to register. You agree to provide accurate, current, and complete information in connection with your registration and use of the Website (the “Registration Data“) and agree to maintain and promptly update your Registration Data as necessary to maintain its accuracy. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable. Company may suspend or terminate access as provided in Article 26.9. You agree to pay the fees and expenses set forth in the Service Description of the Paid Service(s) purchased by you and as set forth in this Agreement.


You will safeguard your username and password. You are responsible for all activity occurring under or relating to your account. You will notify us immediately if you learn of any unauthorized use of your username and password or any other known or suspected breach of security.


4.3 ACKNOWLEDGEMENT. By using the Services, you acknowledge and agree that you have not previously been prohibited from using the Services by Company and your use is in compliance with all applicable laws and regulations.


ARTICLE 5 – TERM AND TERMINATION


5.1 CONCERNING THE GENERAL USE OF THE SERVICES. This Agreement will be in effect and binding upon you during any use of the Services.


5.2 REFUNDS; RETURNS; PAYMENT; ORDER CANCELLATIONS. You understand and agree that all purchases are subject to Company's then-current return policy and any additional terms contained in the applicable Service Description, product listing, invoice, or order confirmation.


7-DAY INSPECTION PERIOD. Unless otherwise expressly stated in writing, eligible purchases may be returned only in accordance with Company's seven (7) day inspection period and return procedures. The inspection period begins on the date the product is delivered to the purchaser or, if picked up in person, the date possession is transferred. Except for claims timely asserted under the applicable inspection period or the Limited Authenticity Guarantee, purchaser shall be deemed to have accepted the product upon expiration of the applicable inspection period.


RETURN AUTHORIZATION. No return will be accepted without Company's prior written authorization and issuance of a Return Merchandise Authorization ("RMA"), where required by Company.


RETURN CONDITION. Returned products must be the identical items purchased and must be returned in the same condition in which they were delivered, subject only to reasonable inspection during the applicable inspection period. Company reserves the right to deny or reduce any refund for products that are altered, damaged, incomplete, improperly packaged, or otherwise fail to comply with Company's return requirements.


RETURN SHIPPING. Unless otherwise required by applicable law or expressly agreed by Company in writing, all approved returns must be shipped at the purchaser's sole expense, professionally packaged in a manner reasonably equivalent to the packaging originally provided by Company, and fully insured for the original purchase price. Company reserves the right to deny any claim for loss or damage occurring during return shipment where the foregoing requirements are not satisfied.


ORDER CANCELLATIONS. Because Company frequently offers unique, one-of-a-kind inventory through multiple sales channels, Company reserves the right to cancel any order prior to shipment where a product is unavailable, contains a pricing or listing error, cannot be fulfilled, or where Company reasonably suspects fraud or unauthorized activity. If Company cancels an order after payment has been received, Company's sole obligation shall be to refund the amounts actually paid for the cancelled order.


PAYMENT CLEARANCE. For purchases completed by invoice, bank wire, certified check, or other non-immediate payment methods, ownership of the product shall not transfer, and Company shall have no obligation to release, ship, or deliver the product, until all funds have fully cleared and become irrevocably available to Company.


SHIPPING AND DELIVERY. Unless otherwise expressly agreed in writing, Company will determine the carrier, shipping method, packaging, insurance, and delivery services utilized for each shipment in its sole discretion. Products will be packaged in a commercially reasonable manner appropriate for antique, fragile, and collectible items. Company may utilize insured shipping, signature confirmation, adult signature requirements, specialized handling, or white-glove delivery services whenever Company determines such measures are appropriate. Delivery dates are estimates only and are not guaranteed. Unless otherwise required by applicable law or expressly agreed in writing, risk of loss shall pass to the purchaser upon delivery of the product to the shipping carrier.


TRANSIT DAMAGE. If a product is damaged during shipment, you must notify Company in writing within twenty-four (24) hours after delivery and retain all original packaging materials for inspection and any applicable insurance claim. Failure to timely report shipping damage or preserve the original packaging may limit Company's ability to pursue insurance claims and may affect available remedies to the extent permitted by applicable law.


CHARGEBACKS. If you initiate a chargeback or payment dispute in violation of these Terms or an applicable Service Description, you agree to reimburse Company for all resulting fees, costs, and expenses, subject to Article 16.8 and Article 19.


5.3 SURVIVAL. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.


5.4 TERMINATION OF PAID SERVICES. Either Party may terminate access to any Paid Service by providing written notice to the other Party. Company may also suspend or terminate Paid Services immediately if you breach these Terms, fail to make timely payments, or engage in conduct that disrupts the Services or violates applicable law.

Upon termination of Paid Services, all fees due and payable up to the effective termination date shall remain your responsibility. Any rights granted under the Paid Services shall immediately cease.


5.5 TERMINATION OF NON-PAID SERVICES. Company may terminate or suspend access to Non-Paid Services at any time, with or without notice. You may stop using Non-Paid Services at any time without notice.


5.6 EFFECT OF TERMINATION. Upon termination of this Agreement, all rights and licenses granted to you will immediately cease. You must discontinue all use of the Services and return or destroy any confidential information obtained during the term of the Agreement. Termination will not affect any rights or obligations that accrued prior to the termination date.


ARTICLE 6 – ACCESS, SECURITY, AND AUTHORIZED USERS


6.1 ACCESS; AUTHORIZED USERS. Your access to the Services is on a limited, non-exclusive, non-transferable basis only during the term of this Agreement.


Individual Accounts. If you use the Services as an individual, you may not share your account credentials with any other person, and you are responsible for all activity conducted through your account.

Team or Organization Accounts. If the Services permit you to provide access to your account or certain features to additional individuals (each, an “Authorized User”), you are responsible for ensuring that each Authorized User complies with these Terms and all applicable laws. You will promptly remove or revoke access for any Authorized User who no longer needs access or who violates these Terms. You are responsible for all acts and omissions of your Authorized Users.


Access restrictions, suspension, or termination are governed by Article 26.9.


ARTICLE 7 – CONFIDENTIAL INFORMATION AND NON-DISCLOSURE


7.1 COMPANY CONFIDENTIAL INFORMATION. The Services may provide you access to non-public information relating to Company, including business operations, technical information, platform functionality, private communications, member-only content, and other materials not generally available to the public (the “Company Confidential Information”).


Company Confidential Information does not include information that: (a) becomes publicly available through no wrongful act or omission of you; (b) was lawfully known to you prior to disclosure; or (c) is independently developed by you without use of Company Confidential Information.


You agree to use Company Confidential Information solely for purposes of accessing and using the Services as permitted by these Terms. You may not disclose, distribute, reproduce, or otherwise make Company Confidential Information available to any third party without Company’s prior written consent.


7.2 USER INFORMATION. Company will handle personal information in accordance with the Privacy Policy. Nothing in this Article limits your rights under applicable data protection laws.


7.3 RESTRICTED AREAS. If you access any restricted, private, or member-only sections of the Services, you agree not to copy, disclose, distribute, or publicly share any materials or communications obtained from those areas outside their intended context.


7.4 SURVIVAL. Your confidentiality obligations under this Article survive termination of these Terms for so long as the applicable information remains non-public.



ARTICLE 8 – ARBITRATION AND CHOICE OF FORUM


8.1 WRITTEN AGREEMENT TO ARBITRATE.  Certain portions of this Article are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Company agree that the Parties intend that this section satisfies the “writing” requirement of the Federal Arbitration Act.


8.2 NOTICE OF DISPUTE. If any controversy, allegation, or claim arises out of or relates to any Service, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, the “Dispute”), or to any of Company’s actual or alleged intellectual property rights (an “Excluded Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this section. Your notice to us must be sent via email to: sreedlamps@gmail.com. For a period of thirty (30) days from the date of receipt of notice from the other Party, you and Company will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Company to resolve the Dispute or Excluded Dispute on terms with respect to which you and Company, in each of their sole discretion, are not comfortable.


8.3 BINDING ARBITRATION. If the Parties cannot resolve a Dispute as set forth in above (or agree to arbitration in writing with respect to an Excluded Dispute) within thirty (30) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND COMPANY (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT— INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE,—COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY SERVICE PURCHASED FROM COMPANY OR AVAILABLE ON OR THROUGH ANY SERVICE.


BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.


8.4 GOVERNING LAW. The Federal Arbitration Act (the “FAA”), not state law, shall govern the arbitrability of all disputes between Company and you regarding these Terms (and any Additional Terms) and the Company Services, including the “No Class Action Matters” clause below.


You and Company agree, however, that the applicable state, federal, or provincial law, as contemplated in the governing law clause set forth in Article 12, shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and Company regarding these Terms and the Company Services, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction’s choice of law principles.

Any Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules (the “Rules”) of the American Arbitration Association (the “AAA”), except as modified herein, and the arbitration will be administered by any private arbitration service chosen by Company in the state of Florida. If a party properly submits the Dispute to the designated arbitration service for formal arbitration and the arbitration service is unwilling to set a hearing, then either Party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (the “JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that the Parties consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the state of Florida. The Parties will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Company to pay a greater portion or all of such fees and costs in order for this section to be enforceable, then Company will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual Party seeking relief and only to the extent to provide relief warranted by that Party’s individual claim. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. This arbitration provision shall survive termination of these Terms or the Company Services. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 800.778.7879 and http://www.adr.org and JAMS: 800.352.5267 and http://www.jamsadr.com.


8.5 DISPUTE PERIOD. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF USER OR COMPANY WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN THEY MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN THIS SECTION) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES - OR IT WILL BE FOREVER BARRED.


Commencing means, as applicable: (a) by delivery of written notice as set forth above in this Article; (b) filing for arbitration as set forth in this Article; or (c) filing an action in state or federal court.


The foregoing provisions of this section will not apply to any legal action taken by Company to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to any Service, Company’s intellectual property rights (including such Company may claim that may be in dispute), or Company’s operations.


8.6 NO CLASS ACTION. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION.


Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other Party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to this Article. Notwithstanding any other provision of this Agreement, any and all issues relating to the scope, interpretation, and enforceability of the class action waiver provisions contained herein, are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.


8.7 JURISDICTION. Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or federal court in the State of Florida. Accordingly, you and Company consent to the exclusive personal jurisdiction and venue of such courts for such matters. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Company arising out of or related to this Agreement must be filed within one year after such claim or cause of action arose, or be forever barred.


8.8 SMALL CLAIMS. Either party may bring an individual action in small claims court if the claim qualifies and remains in that court.


8.9 ARBITRATION OPT-OUT. You may opt out of this arbitration agreement within thirty (30) days of creating your account by emailing sreedlamps@gmail.com with the subject line “Arbitration Opt-Out” and including your name and the email address associated with your account. If you opt out, neither you nor Company will be required to arbitrate disputes covered by this Article; however, all other Terms will remain in full force and effect to the maximum extent permitted by law.


ARTICLE 9 – USER RESPONSIBILITIES AND LAWFUL USE


9.1 PURPOSE OF USE.  You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of our Services, violate any laws in your jurisdiction.


9.2 USER VERIFICATION. You must verify the accuracy, completeness, and appropriateness of all information entered into or selected in any Service, before such information is utilized. For purposes of this Agreement, “Third-Party Services” has the meaning set forth in Article 17.


You represent and warrant to Company that (i) all data you provide to Company or that you select in any Service is accurate and in conformity with all legal requirements; and (ii) Company is duly authorized to receive, use, and disclose such data subject to the terms of this Agreement.


ARTICLE 10 – WARRANTIES; DISCLAIMERS; SERVICE AVAILABILITY; LIMITATIONS OF LIABILITY


10.1 LIMITED WARRANTY. Subject to the terms, conditions, limitations, and disclaimers contained in this Agreement, Company warrants that it has the legal right to offer for sale and transfer title to the products sold through the Services. Except as expressly provided in this Agreement, including the Limited Authenticity Guarantee set forth in Section 15.2 where applicable, Company makes no other representations or warranties regarding any product, Service, or Content.

10.2 DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 AND 15.2, THE SERVICES, PLATFORM, CONTENT, AND ALL RELATED FEATURES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.


TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, RELIABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.


WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT: (a) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (b) ANY DEFECTS OR ERRORS WILL BE CORRECTED;(c) THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (d) ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT.


10.3 SERVICE AVAILABILITY. Company does not guarantee continuous, uninterrupted, or secure access to the Services. The Services may be subject to downtime, maintenance, upgrades, security incidents, technical failures, or interruptions beyond Company’s reasonable control. Any liability relating to Service unavailability is subject to the limitations set forth in Sections 10.4 through 10.6.


10.4 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR: (a) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;(b) LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, OR LOSS OF DATA; OR (c) DAMAGES ARISING FROM THIRD-PARTY CONDUCT, USER CONTENT, OR PAYMENT PROCESSOR ACTIONS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


10.5 CAP ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (a) ONE HUNDRED DOLLARS ($100); OR (b) THE TOTAL AMOUNTS PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


10.6 NON-EXCLUDABLE LIABILITY. Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable law. In jurisdictions that do not permit certain limitations, Company’s liability shall be limited to the maximum extent permitted by law.






ARTICLE 11 – SERVICE CONTENT, OWNERSHIP, LIMITED LICENSE AND RIGHTS OF OTHERS


11.1 TRADEMARKS AND CONTENT. The Services contain a variety of: (i) materials and other items relating to Company and its Services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Services, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Company (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively, “Content”).


The Services (including past, present, and future versions) and the Content are owned or controlled by Company, our licensors and/or certain other third parties. All right, title, and interest in and to the Content available on or through the Services is the property of Company or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Company owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Website and Services.


11.2 LICENSE. Subject to your strict compliance with these Terms and any Additional Terms, Company grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other internet-enabled device (each, a “Device”) for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content; and (ii) may be immediately suspended or terminated for any reason, in Company’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.


11.3 IP VIOLATIONS.  When using any Service, you must respect the intellectual property and other rights of Company and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. If you believe that your work has been infringed by means of an improper posting or distribution of it on or through any Service, then please see Section 22 below.


11.4 RIGHT TO USE. All ideas, suggestions, recommendations, or proposals you provide to Company relating to the Services shall become the sole and exclusive property of Company. You hereby irrevocably assign to Company all rights, title, and interest in and to such submissions, including all intellectual property rights therein, without further compensation or attribution.


11.5 USER CONTENT; VIDEO UPLOAD CONSENT; CONSENT LOGGING. You retain ownership of content you submit to the Services (the “User Content”). By posting or uploading User Content, you grant Company a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, distribute, publicly display, publicly perform, and otherwise use such User Content in connection with operating, improving, and promoting the Services. You represent and warrant that you own or have obtained all necessary rights, licenses, consents, and permissions to submit the User Content and that it does not infringe any third-party rights.

For video uploads (including performance clips and promotional videos), you may be required to affirmatively accept additional copyright consent terms at the time of upload. For verification and compliance purposes, you consent that Company may record the timestamp of your acceptance, an anonymized hash of your IP address at the time of consent, and metadata associated with the upload and the applicable profile, venue, or listing. User Content-related claims are included within your indemnification obligations under Article 19.


11.6 CONTENT STANDARDS; MODERATION; REMOVAL


(a) Content Standards. User Content must comply with these Terms and all applicable laws. Without limitation, User Content must not: (i) contain unlawful, defamatory, threatening, abusive, harassing, hateful, or obscene material; (ii) infringe or misappropriate any intellectual property, privacy, publicity, or other rights of any third party; (iii) contain knowingly false statements of fact; (iv) impersonate any person or entity; or (v) disclose confidential or personal information without authorization.


(b) Moderation Rights. Company reserves the right, but not the obligation, to review, monitor, edit, remove, restrict, or refuse to display any User Content at any time and for any reason, including for violation of these Terms, risk management, legal compliance, or protection of the integrity of the Platform.


(c) No Obligation to Publish. Company has no obligation to publish, maintain, or retain any User Content and may remove or disable access to any content without prior notice.



(d) Repeat Violations. Accounts associated with repeated or material violations may be suspended or terminated in accordance with Article 26.9.



ARTICLE 12 – CHOICE OF LAW


This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law principles that would result in the application of the laws of any other jurisdiction.


ARTICLE 13 – GOVERNMENT REQUESTS


In order to cooperate with governmental requests, subpoenas, or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by these Terms, our Privacy Policy, and applicable law.


ARTICLE 14 – FOREIGN ACCESS OF SITE


The Website and our Services are controlled, operated, and administered by Company from our offices within the USA. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Company’s content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations. Company makes no representation that all products, services, and/or material described or available through the Website are appropriate or available for use in locations outside the United States or all territories within the United States.


ARTICLE 15 - INFORMATIONAL ACCURACY; LISTINGS; NO RELIANCE


15.1 GENERAL INFORMATION. The Services may include Content and information of a general nature, including product listings, photographs, descriptions, authenticity information, provenance information, historical information, restoration information, pricing, availability, and other information relating to products offered by Company. While Company endeavors to present information that is current and accurate, Company does not represent or warrant that any information made available through the Services is complete, error-free, or current.


15.2 PRODUCT INFORMATION; ANTIQUE NATURE OF INVENTORY. Company specializes in rare, antique, vintage, collectible, and one-of-a-kind products. Unless expressly stated otherwise, many products offered through the Services are decades old and may exhibit characteristics consistent with their age, history, prior use, restoration, repair, or preservation. Variations in color, patina, finish, dimensions, wear, and condition are inherent characteristics of many antique and collectible items and do not necessarily constitute defects.


Company endeavors to accurately describe and photograph its products; however, product descriptions, historical information, provenance information, authenticity information, dimensions, colors, and photographs are provided for informational purposes only and are based upon Company's knowledge, experience, research, and the information reasonably available at the time of listing. Colors, finishes, and other visual characteristics may appear differently depending upon lighting conditions, photography, display settings, monitor calibration, and similar factors.


Except as expressly provided in any written authenticity guarantee or other written warranty issued by Company, you acknowledge that your purchase is based upon your own evaluation of the product and the information made available through the Services.


LIMITED AUTHENTICITY GUARANTEE. Company guarantees to the original purchaser that the authenticity and maker attribution of each product sold by Company are materially accurate as of the date of sale based upon Company's good-faith professional judgment, inspection, research, available documentation, and the prevailing expert consensus existing at the time of sale. This guarantee is non-transferable and extends for a period of two (2) years from the date of purchase. This guarantee applies solely to authenticity and maker attribution and does not extend to ordinary wear, patina, restoration, repair, replacement components disclosed prior to sale, changes in condition occurring after delivery, market value, or subsequent changes in scholarly or expert opinion. As a condition to any claim under this guarantee, the purchaser shall provide Company with written notice during the applicable guarantee period and return the product in substantially the same condition in which it was sold, ordinary aging excepted. Company may require the purchaser to provide written opinions from one or more independent experts reasonably acceptable to Company and reserves the right to compare the returned product against its archival photographs, records, and documentation to verify that the returned product is the identical product sold by Company. If Company determines that a product is covered by this guarantee, Company's sole obligation, and the purchaser's exclusive remedy, shall be rescission of the sale and refund of the purchase price actually paid upon return of the product.


15.3 RIGHT TO CORRECT AND UPDATE. Company may, at any time and without notice, correct errors, inaccuracies, or omissions; modify or update information; or cancel or decline to process transactions where information on the Services is inaccurate, incomplete, or out of date, including after an order is submitted, to the extent permitted by applicable law.


15.4 NO RELIANCE. You agree that your use of the Services and any reliance on information obtained through the Services is at your own risk. Information on the Services is provided for general informational purposes only and should not be relied upon as the sole basis for making decisions without consulting primary sources or appropriate professionals.


15.5 NO DUTY TO MONITOR. Except as required by applicable law, Company has no obligation to monitor, update, or maintain any information on the Services. You are responsible for reviewing all applicable product descriptions, photographs, pricing, availability, shipping information, return policies, and other information made available through the Services prior to completing a purchase.


ARTICLE 16 - MODIFICATIONS TO SERVICES, FEES AND PAYMENTS


16.1 RIGHT TO LIMIT SALES. We reserve the right, but are not obligated, to limit, refuse, or cancel the sale of any product or Service to any individual, entity, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis, including where inventory is unavailable, legal restrictions apply, fraud is suspected, or Company otherwise determines that a transaction should not proceed.


16.2 PRICING SUBJECT TO CHANGE. All descriptions of products, Services, and pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to modify or discontinue any product, Service (or any part or content thereof) at any time without notice. Any offer for a product or Service made on the Website is void where prohibited.


16.3 ACCEPTABLE PAYMENT. Payment must be made using Visa, MasterCard, Discover, American Express, or any other payment method expressly accepted on the Website at the time of purchase.


16.4 PURCHASE REQUIREMENTS. Prior to purchasing any product or Service, you may be required to provide valid payment information, including but not limited to: (i) your name as it appears on the card; (ii) credit card number and type; (iii) expiration date;
(iv) security code; and (v) any other necessary billing information.


By submitting your payment details, placing an order, or accepting an invoice, you authorize us or our designated payment processor to charge the full amount due to your payment method, or otherwise collect payment in accordance with the applicable invoice, including any applicable taxes, shipping charges, insurance charges, and other fees. Payments may be processed through one or more third-party payment processors, and you agree to comply with the terms and conditions applicable to any payment processor utilized in connection with your transaction.


You agree to pay the full amount for any product or Services ordered, including applicable taxes, surcharges, and any other charges in effect at the time of purchase. We may automatically bill your payment method for such amounts. We do not offer price protection or refunds in the event of price changes, discounts, or promotions after your purchase.


WE ARE NOT RESPONSIBLE FOR, AND DO NOT REIMBURSE, ANY FEES INCURRED BY YOU AS A RESULT OF INSUFFICIENT FUNDS, RETURNED PAYMENTS, OR ANY OTHER CHARGES IMPOSED BY YOUR FINANCIAL INSTITUTION.


Your use of a credit card or other payment method is subject to your agreement with the issuing bank or provider. You represent and warrant that you are authorized to use the selected payment method.


YOU, AND NOT THE COMPANY, ARE SOLELY RESPONSIBLE FOR ANY UNAUTHORIZED CHARGES MADE TO YOUR CARD BY A THIRD PARTY.


You agree to reimburse us for any foreign transaction fees, currency conversion costs, or similar bank charges, if we are charged such fees in connection with your purchase. Unless you notify us in writing of a billing error within sixty (60) days of the date it first appears on your statement, such charges shall be deemed accepted by you.


If your payment is declined or reversed, you agree to pay all amounts due upon demand by us or our agents.

16.5 TAXES AND CHARGES. Prices listed on the Website do not include sales taxes, customs duties, import/export fees, or similar government-imposed charges. You are solely responsible for paying any such applicable taxes or charges unless we are legally required to collect and remit them on your behalf. We reserve the right to withhold or collect taxes for jurisdictions where we are obligated to do so under applicable law or policy in effect at the time of your order.


Company does not provide tax advice and makes no representation regarding tax treatment of any transaction. Where Company is legally required to collect or remit taxes, Company may do so in accordance with applicable law. 

ARTICLE 17 - THIRD-PARTY SERVICES AND INTEGRATION


17.1 THIRD-PARTY SERVICES. The Services may rely on or integrate with third-party products, services, or tools (including payment processors such as Stripe and Stripe Connect, communications providers, hosting providers, analytics providers, and identity or fraud-prevention services) (collectively, “Third-Party Services”). Third-Party Services are provided by independent third parties and may be subject to separate terms, conditions, and privacy policies of those third parties. Third-Party Services may also be referenced via links, which are addressed separately in Article 20.


17.2 NO CONTROL; NO RESPONSIBILITY. Company does not control, operate, or endorse Third-Party Services and is not responsible for the acts or omissions of any third-party provider, including their availability, performance, security, or handling of data. Company makes no representations or warranties regarding Third-Party Services.


17.3 AS-IS ACCESS. Any access to or use of Third-Party Services through the Services is provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, Company disclaims all liability arising out of or relating to Third-Party Services, including outages, errors, disruptions, unauthorized access, or changes to third-party features or policies.


17.4 CHANGES TO INTEGRATIONS. Company may add, modify, replace, or discontinue any integration with or reliance upon Third-Party Services at any time, including where required for security, compliance, or business reasons.


ARTICLE 18 – PLATFORM RECORDS AND ANALYTICS


18.1 PLATFORM RECORDS. Company maintains business records relating to the operation of the Services, including transactional records, product listings, inventory records, order histories, customer communications, payment records, shipping records, authenticity documentation, customer support records, and system logs (collectively, the "Platform Records"). Platform Records are Company's internal business records and may be maintained for operational, legal, security, compliance, authentication, and recordkeeping purposes.


Nothing in this Article transfers ownership of your User Content or personal information. User Content is governed by Article 11.5, and personal information is governed by the Privacy Policy.


18.2 AGGREGATED AND DE-IDENTIFIED DATA. Company may generate aggregated or de-identified data derived from use of the Services, including statistical information regarding Website usage, purchasing activity, inventory trends, product categories, customer interactions, and other operational analytics. Such aggregated or de-identified data does not identify individual Users and may be used by Company for any lawful business purpose, including operating, improving, developing, marketing, and promoting the Services.

18.3 LEGAL RETENTION. Company may retain Platform Records as required by applicable law, tax obligations, payment processor requirements, dispute resolution needs, fraud prevention, or legitimate business interests.


ARTICLE 19 – INDEMNIFICATION


By accessing or using the Services, and by agreeing to these Terms, you agree to indemnify, defend (at Company’s option), and hold harmless Company, its affiliates and subsidiaries, and each of their respective officers, directors, employees, shareholders, managers, agents, vendors, licensors, licensees, contractors, partners, suppliers, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions (civil, criminal, or administrative), investigations (including those initiated by governmental authorities), liabilities, losses, damages, penalties, fines, judgments, settlements, and expenses (including reasonable attorneys’ fees and court costs) (collectively, “Claims and Losses”) arising out of or relating to: 


  1. your use of or access to the Services;


  1. your breach or alleged breach of these Terms or any Additional Terms;


  1. your violation or alleged violation of any applicable law, regulation, code, or order of any governmental or quasi-governmental authority;


  1. any information or material transmitted, uploaded, or submitted through your devices (whether or not submitted by you) that infringes, misappropriates, or otherwise violates the intellectual property or other rights of any third party; and


  1. any misrepresentation made by you.


Company reserves the right, at its sole discretion and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If Company elects to assume such defense, you agree to fully cooperate with Company in the defense of such matter.


Notwithstanding the foregoing, Company retains the exclusive right to settle, compromise, or pay any and all Claims and Losses. You may not settle any Claims and Losses without the prior written consent of an authorized officer of Company.


ARTICLE 20 - THIRD-PARTY LINKS


Third-party links on the Services may direct you to third-party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or sites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party sites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


ARTICLE 21 - FEEDBACK AND OTHER SUBMISSIONS


If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you forward to us. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.


ARTICLE 22 – COPYRIGHT NOTIFICATIONS


Company will remove infringing materials in accordance with the Digital Millennium Copyright Act (the “DMCA”) if properly notified that any material infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Company in writing. Your notice must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information):


a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;


b. A description of the copyrighted work that you claim has been infringed;


c. A description of the material that you claim to be infringing, and a description of where the material that you claim is infringing is located on the Website, sufficient for Company to locate the material;


d. Your address, telephone number, and email address;


e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and


f. A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.


Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability.


If you fail to comply with these notice requirements, your notification may not be valid.


Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.


Allegations that other intellectual property rights are being infringed should be sent to sreedlamps@gmail.com with a subject line “DMCA Notice”.


UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.


Counter-Notification. If you believe your content was removed by mistake or misidentification, you may submit a counter-notification containing: (i) your physical or electronic signature; (ii) identification of the material removed and where it appeared before removal; (iii) a statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification; and (iv) your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal court in your judicial district (or, if outside the U.S., an appropriate U.S. judicial district), and that you will accept service of process from the complaining party.


Repeat Infringers. Company will terminate, in appropriate circumstances, the accounts of users who are repeat infringers.


ARTICLE 23 - CONTACT INFORMATION


Questions about the Terms should be sent to us at:


Lowry & Reed

Email: sreedlamps@gmail.com


Reed Antiques

4525 Columbus Way S

Saint Petersburg, FL 33712


ARTICLE 24 – USER CONDUCT


24.1 PROHIBITED USES. You shall not:


  1. access or use the Services in connection with providing services to any third party in a manner that resells, sublicenses, or commercially exploits the Services except as expressly permitted by Company in a Service Description;


  1. resell, lease, license, sublicense, encumber, publish, distribute, copy, transmit, or otherwise disclose any portion of the Services or any User account information to third parties;


  1. derive specifications from, reverse engineer, decompile, disassemble, translate, record, or create derivative works of the Services or any content contained therein;


  1. use the Services in any manner that delays, disrupts, interferes with, or impairs system functionality, or that compromises the security or integrity of data, equipment, software, or systems;


  1. input, upload, or transmit into the Services any content that is harmful, threatening, defamatory, obscene, offensive, infringing, or otherwise unlawful or injurious to others;

  2. use any automated system, device, or process (including “web scraping,” “data scraping,” or “screen scraping”) to access, extract, harvest, or modify any information on the Website or Services; or


  1. use the Services, or any part thereof, for any unlawful purpose or to harass, mislead, or harm any individual or entity.


Access to or use of the Services in violation of this Agreement is strictly prohibited. Company reserves the right, in its sole discretion, to limit, suspend, or terminate access to the Services immediately upon any violation of this section.


24.2 ADDITIONAL USER RESPONSIBILITIES. User further agrees and acknowledges:


  1. User is solely responsible for all activity conducted through its account and in connection with its use of the Services;


  1. User shall not impersonate any person or entity, including any employee or representative of Company;


  1. User shall not attempt to disable, circumvent, or otherwise interfere with any security feature of the Services, including any mechanisms designed to prevent copying or unauthorized access to content;


  1. User shall not take any action that, in Company’s sole discretion, imposes or may impose an unreasonable or disproportionately large load on Company’s or its third-party providers’ infrastructure;


  1. User shall not interfere with, or attempt to interfere with, the proper operation of the Services or any activity conducted thereon; and


  1. User shall not bypass or attempt to bypass any measures implemented by Company to restrict or prevent access to the Services or to other accounts, systems, or networks connected to the Services.


24.3 USER CONTENT GOVERNANCE. User Content is governed by Article 11.5 and 11.6.


ARTICLE 25 – UPDATE TO TERMS


As our Services evolve, the terms and conditions under which we offer them may change. We may, at our sole discretion, modify or discontinue any Service or update these Terms (or any applicable Additional Terms) prospectively at any time. We may also cease offering Services under the terms that previously applied.


Each time you access or use the Website or any Service, you are entering into a new agreement with us based on the then-current Terms, including any applicable Additional Terms. We may notify you of updated Terms by posting them on the Website or by any other reasonable means of notice we elect. Your continued use of the Services following such notice constitutes your acceptance of the revised or additional Terms with respect to future use or transactions.


You are responsible for reviewing the posted Terms and any applicable Additional Terms each time you use a Service, and at minimum prior to engaging in any transaction or submission. Changes are effective for future use only, unless expressly agreed otherwise by both parties.


The Terms and any Additional Terms that applied at the time of your prior use will continue to govern that prior use. In the event a tribunal finds that any notice provided for revised or additional terms was insufficient, the prior agreement shall remain in effect until valid notice is deemed to have been given under applicable law.

You may reject the new, revised, or Additional Terms by discontinuing use of the Services. You agree that the forms of notice described in this Agreement (including posting on the Website and email notice) constitute reasonable and sufficient notice of any such changes.


ARTICLE 26 – MISCELLANEOUS


26.1 FORCE MAJEURE. Company shall not be liable for any failure to perform, or delay in performance of, its obligations under this Agreement to the extent such failure or delay is caused by circumstances beyond its reasonable control, including, without limitation, acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, pandemics, mechanical failures, electronic disruptions, or communications outages.


26.2 ASSIGNMENT. You may not assign or transfer this Agreement, or any of your rights or obligations under it. Any attempted assignment in violation of this provision shall be null and void. Company may assign or transfer this Agreement, in whole or in part, without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

26.3 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns.

26.4 RELATIONSHIP. The Parties acknowledge and agree that nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or fiduciary relationship between them. Neither Party shall have any authority to bind or obligate the other Party in any manner.

26.5 NO THIRD-PARTY BENEFICIARIES. Except as expressly provided in this Agreement, no provision of this Agreement is intended to confer any rights, benefits, remedies, or obligations upon any third party.

26.6 NO WAIVER. No failure or delay by either Party in exercising any right or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof.

26.7 SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and such unenforceable provision shall be reformed only to the extent necessary to make it enforceable.

26.8 INTERPRETATION. This Agreement shall be interpreted in accordance with the plain meaning of its terms and shall not be construed against either Party as the drafter.

26.9 COMPANY ENFORCEMENT; SUSPENSION; TERMINATION. Company reserves the right, without limitation, to: (i) investigate any suspected violation of these Terms or any activity that may impair the Services; (ii) cooperate with law enforcement, courts, or regulators; (iii) review and analyze content or activity as necessary to comply with applicable law or payment processor requirements; (iv) pursue available legal remedies; and (v) suspend, restrict, or terminate access to any Service, in whole or in part.


(a) Suspension or Restriction. Company may suspend or restrict a User's account, access to the Services, purchasing privileges, communications, or other features of the Services immediately and without prior notice, or with such notice as Company determines appropriate under the circumstances, if Company reasonably determines that: (i) the User has violated these Terms; (ii) the account presents a risk of fraud, chargebacks, disputes, or other liability; (iii) continued access may harm Company, other Users, customers, or third parties; (iv) such action is required by law or by Company's payment processors; or (v) Company is investigating suspected misconduct.


(b) Effects of Suspension. Suspension may include disabling or restricting access to the Services, cancellation of pending orders, limitation of purchasing privileges, removal or limitation of User Content, or requiring additional information or verification before processing future transactions or restoring access.


(c) Termination. Company may terminate an account for repeated violations, material breach, or continued risk to the Services or third parties. Termination does not relieve you of any obligations accrued prior to termination, including payment obligations, chargeback responsibility, indemnification obligations, and compliance with any survival provisions.


(d) No Liability. To the maximum extent permitted by law, Company shall not be liable for any loss, damages, or claims arising out of or relating to any suspension, restriction, or termination undertaken in accordance with this Section.


(e) Requests for Information; Restoration. Company may require additional information, verification, or corrective action as a condition of restoring access. Any reinstatement is at Company’s discretion and may be subject to additional restrictions or monitoring.


26.10 DATA TRANSMISSION AND SECURITY. User understands and agrees that content submitted through the Services may be transmitted unencrypted over various networks and may be adapted to meet technical requirements of connecting networks or devices. Notwithstanding the foregoing, all credit card information is encrypted during transmission over networks.

26.11 ENTIRE AGREEMENT. This Agreement, together with any documents incorporated by reference, constitutes the entire agreement between the Parties with respect to the subject matter herein and supersedes all prior or contemporaneous agreements, understandings, or representations, whether written or oral.

26.12 ACKNOWLEDGMENT OF TERMS. User acknowledges that it has carefully read and fully understands the terms of this Agreement and agrees that all provisions, including restrictions, are fair, reasonable, and necessary to protect the legitimate interests of Company.