1. ACCEPTANCE OF TERMS
Welcome to Natural Plaza. Natural Plaza provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without giving notice to you. You can review the most current version of the TOS at any time at: http://www.naturalplaza.com/terms.htm. In addition, when using particular Natural Plaza services, you and Natural Plaza shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. Natural Plaza may also offer other services that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
Natural Plaza currently provides users with access to a rich collection of resources, including, various Products, shopping services, personalized content and branded programming through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Natural Plaza to provide the Service. You also understand and agree that the service may include certain communications from Natural Plaza, such as service announcements, administrative messages and the Natural Plaza Newsletter, and that these communications are considered part of Natural Plaza membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Natural Plaza properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Natural Plaza assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Natural Plaza has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Natural Plaza has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Natural Plaza is concerned about the safety and privacy of all its users, particularly children. (For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must create a Natural Plaza Family Account. When you create a Natural Plaza Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the Natural Plaza Family Account. By adding a child to your Natural Plaza Family Account, you also give your child permission to access all of the Services including, email, message boards, instant messages and chat (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.) (doubt)
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
(You will receive a password and account designation upon completing the Service's registration process.) You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Natural Plaza of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Natural Plaza cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the Company from which such Content originated. This means that you, and not Natural Plaza, are entirely responsible for all Content that has been uploaded, posted, email, transmit or otherwise make available via the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Natural Plaza be liable in any way for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You acknowledge that Natural Plaza may not pre-screen Content, but that Natural Plaza and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Natural Plaza and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Natural Plaza or submitted to Yahoo.
You acknowledge, consent and agree that Natural Plaza may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Natural Plaza, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Natural Plaza and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Natural Plaza does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Natural Plaza the following worldwide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of Natural Plaza Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Natural Plaza Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Natural Plaza removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than Natural Plaza Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Natural Plaza removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Natural Plaza Groups, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the Natural Plaza network of properties that are intended by Natural Plaza to be available to the general public. By way of example, publicly accessible areas of the Service would include Natural Plaza Message Boards and portions of Natural Plaza Groups, Photos and Briefcase that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Natural Plaza Groups that are limited to members, Natural Plaza services intended for private communication such as Natural Plaza Mail or Natural Plaza Messenger, or areas off of the Natural Plaza network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Natural Plaza.
You agree to indemnify and hold Natural Plaza, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Natural Plaza I.D.), use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Natural Plaza may establish general practices and limits concerning use of the Service, including without limiting the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Natural Plaza's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Natural Plaza has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Natural Plaza reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Natural Plaza reserves the right to modify these general practices and limits from time to time.
12. MODIFICATIONS TO SERVICE
Natural Plaza reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Natural Plaza shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Natural Plaza may, under certain circumstances and without prior notice, immediately terminate your Natural Plaza account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your Natural Plaza account includes (a) removal of access to all offerings within the Service, including but not limited to Natural Plaza Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Natural Plaza's sole discretion and that Natural Plaza shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Natural Plaza shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Natural Plaza has no control over such sites and resources, you acknowledge and agree that Natural Plaza is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Natural Plaza shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. Natural Plaza’s PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Contentcontained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Natural Plaza or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Natural Plaza grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Natural Plaza for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOUR USE OF SERVICE IS AT YOUR PERSONAL RISK. THIS SERVICE IS PROVIDED BY NATURALPLAZA.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. NATURALPLAZA.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NATURALPLAZA.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NATURALPLAZA.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM NATURALPLAZA.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
18. LIMITATION OF LIABILITY
Natural Plaza MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
We make every effort to present accurate and timely information regarding the products we have for sale. However, it is possible that discrepancies or inaccuracies may arise if it receives inaccurate information from our suppliers or other outside sources. Should you encounter any information on our site that you deem inaccurate, please inform us.
20. DISCLAIMERS OF WARRANTIES & PRODUCT LIABILITY
We shall not be held liable for any damaged goods or any injuries resulting from use of any products.NaturalPlaza.com does not provide warranties on any merchandise--any warranty or promises made by the manufacturers. We hold no liability for the services or products sold by different entities participating in NaturalPlaza.com.
The information made available to you through our catalogs is limited to the information provided by the manufacturer to us. All products displayed in our catalogs may not be available for sale due to product unavailability or other reasons.
It claims no exclusive ownership of the goods, stores, or services found in this mall, and, as such, NaturalPlaza.com shall not be held liable for them.
21. Limitation of liability
In no event shall Naturalplaza.com or any of its sources be liable for any direct, special, incidental, indirect, or consequential damages whatsoever (including but not limited to: damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of the information made available on this web site.
22. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
23. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Natural Plaza and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
24. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
Natural Plaza may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
26. TRADEMARK INFORMATION
The Natural Plaza, Natural Plaza logo, Natural Plaza EVERYWHERE trademarks and service marks and other Natural Plaza logos and product and service names are trademarks of Natural Plaza (the "Natural Plaza Marks"). Without Natural Plaza's prior permission, you agree not to display or use in any manner, the Natural Plaza Marks.
27. NOTICE AN PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Natural Plaza respects the intellectual property of others, and we ask our users to do the same. Natural Plaza may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Natural Plaza's Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
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;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
28. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and Natural Plaza and govern your use of the Service, superceding any prior agreements between you and Natural Plaza. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Natural Plaza services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Natural Plaza shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Natural Plaza agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.
Waiver and Severability of Terms. The failure of Natural Plaza to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Natural Plaza account is non-transferable and any rights to your Natural Plaza I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care group.