Terms and Conditions applicable to a seller of goods and user using www.ynsdirectory.com. These terms and conditions are the contract between you and Your Neighborhood Stripper. By visiting or using Our Website, you agree to be bound by them.YNS Directory is a trade name of Your Neighborhood Stripper.
1.Definitions
“Content” means the textual, visual or audio content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content such as advertising material, and all other product or service related material Posted by you.
“Our Website” means any website of ours, and includes all web pages controlled by us.
“Post” means place on or into Our Website any Content or material of any sort by any means.
“Product” means any item offered for sale by you on Our Website, whether physical goods or downloads.
“Service” means all of the services available from Our Website, whether free or charged.
2.Our contract
2.1 The relationship between us is solely that:
2.1.1 in consideration of a fee charged by us, we provide for you an Internet marketplace as an arm’s length contractor.
2.1.2 we act as your agent solely in the collection of money paid by your buyer.
2.1.3 we are not partners or joint venturers.
2.2 If you place a Product for sale on Our Website, you do so subject to these terms.
2.3 Although we are not a party to your contract with a buyer introduced to you via Our Website, we shall remove your Products from offer if a customer or site visitor has a valid complaint against you.
2.4 We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.
2.5 Subject to this agreement and to the procedures set out on OurWebsite, you may enter a Product for sale through Our Website.
- Your Product placement
You agree that you will:
3.1 not place any Product for sale which is not of merchantable quality or which requires for its setup or use a level of technical expertise which is not fully explained to a customer before purchase.
3.2 immediately to remove from sale on Our Website any Product which for any reason, you are unable to supply.
3.3 not re-place any Product we remove from offer for sale.
4.Delivery
4.1 Deliveries of hard copy and physical Products will be made from your premises, by post or by a carrier instructed by you subject to the contract between you and your customer.
4.2 You will notify both the customer and YNS Directory by email on the date of sending, that the Product has been dispatched and of the expected delivery date.
4.3 If at any time, any customer notifies you of non-delivery within the timescale offered by you on Our Website, you will investigate immediately and tell the customer that you are doing so, what you are doing, and when you expect to be able to deliver the Product.
4.4 In the absence of information to the contrary, you agree to dispatch a Product within 5 days of notification of order by us, by a method likely to reach the buyer within a further 7 days.
4.5 If it is apparent that a customer has not received a Product within 30 days of the expected delivery date, you will refund money paid, including any delivery charge. This is a condition of your contract with us because our reputation, as well as yours, is at stake in those circumstances.
5.Products returned
You agree that you will at all times:
5.1 reply promptly and in any event within 72 hours to any customer message or other correspondence;
5.2 comply with the law relating to all aspects of the contract between you and your customer, relating in particular your obligations to provide full information and accept cancellation and returns. However, you may also offer more favorable terms to your customers as per your own returns and refunds policy set out on your website or otherwise in your terms and conditions;
5.3 when you have an obligation to return money to a customer for any reason, you will do so immediately, as provided by the returns & refunds policy set out on Our Website;
5.4in the event that a Product ordered is not available, you will immediately tell your customer and refund any money paid;
5.5 comply with the YNS Directory procedures relating to satisfaction of an order, Products returned and payment, as set out on Our Website from time to time;
5.6 please provide information to us in respect of any claim for non-delivery and any dispute as to payment, so as to enable us to identify the possibility of fraud.
6.The selling procedure
6.1 YNS Directory is not responsible for the fulfilment of your contract to sell a Product.
6.2 Your contract with a buyer through Our Website is made when you acknowledge the order or dispatch the Product. Until that time, the customer’s action is an “invitation to treat”. We have arranged our terms with buyers in that way so as to give you the opportunity to decline a buyer or provide the full information required by the Regulations.
OR
6.3 You agree that a contract to sell a Product offered by you is a firm and binding contract as soon as your customer’s payment has been accepted by our payment service provider.
6.4 Subject to discounts and promotions, Products are offered for sale at a fixed price.– Tax may be due and will be either included in the price or shown separately. If not shown, it will not be charged.
6.5 All Products may be subject to a delivery charge which will be shown at the pay point. The delivery charge will be fixed by you for each item offered for sale. It may be changed at your discretion. Once you have sold a Product, the delivery charge offered by you at the time of purchase cannot be increased.
6.6 Products will be offered for sale and sales made, subject to the terms and conditions applicable to buyers. You accept and endorse these terms and agree to comply in all respects with the corresponding obligations of a seller. You may view the buyer’s conditions on OurWebsite at any time.
6.7 We shall send you a message by email at the time of each sale, providing full information about that sale.
6.8 You agree to provide an adequate stock of any Product placed by you for sale through Our Website and to tell us, through your control panel, if at any time your supply is exhausted.
7.Goods and services tax/harmonized sales tax
7.1 Fees and commissions specified on Our Website are exclusive of sales tax.
7.2 If you are located in United States of America, we will show and retain the amount of sales tax due on our charge for our services in addition to the amount of commission due to us.
7.3 YNS Directory has the right to demand additional information about your business so far as it may affect your sales tax, at any time, from you or from a governmental authority.
8.Our commission and payment to you
8.1 We sell your Product at the price you place on it, subject to these terms and also the requirements we set out on Our Website from time to time.
8.2 Our fees and commissions are payable on demand. You irrevocably authorise us to deduct them from sums paid to us by your buyer.
8.3Our Website selling system is an automated system which can be followed by you through a “control panel”.
8.4The proportion of each sale receipt retained by us is as agreed by us in writing.
OR
8.5 The proportion of each sale receipt retained by us is as set out elsewhere on Our Website.
8.6 Where our commission is based on a percentage of the sale price, you may not artificially inflate the delivery charge and reduce the price of the Product in order to reduce our commission. If we believe that you do so, we may immediately cease to deal with you.
8.7 We will pay you within 3-5 days of confirmed dispatch of order.
8.8 We will send you an invoice for our charges.
8.9 If we do or could earn interest on any cash balance in our control for the period between payment by a customer and our accounting to you, we are free to keep that interest and have no obligation to account for it to you.
8.10 If an action by a buyer results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you, at or after that time.
8.11 If you or we accept any cancellation and consequently refund money to a customer, we are not obliged to repay commission to you.
8.12 If in our discretion we believe that your performance as a seller results in a significant number of charges back and / or buyer disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified.
9.Advertising your Product
If you accept our offer to advertise market or promote your product, the following conditions apply.
9.1 We may use the services of a specialist Internet marketing business associated with YNS Directory
.9.2 Without prior consent of the other; neither we nor you will contract with any other person or company for specialist services. Here your obligation is limited to the extent of the price charged and due to us.
9.3 The price charged to you will include all payments we make to others.
9.4The cost of work ordered by you is payable in full, in advance. If you so request us, by indication on Our Website, we will deduct the cost from your account.
9.5 We give no guarantee as to the success of any advertising placed.
9.6 We shall receive no secret commission on advertising services. But note that the service supplier is associated with us.
10.Your Product warranties
10.1 You warrant that any Product you place on Our Website for sale:
10.1.1 is not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party;
10.1.2 does not offend against the law of any country whose citizens might purchase it;
10.1.3 is not intended primarily to advertise any business, except your business.
10.2 You warrant that you own the copyright of any Content you place on Our Website for sale, or that you have the permission of the copyright owner:
10.2.1 to enter or upload that Content;
10.2.2 to receive the net proceeds of such sales as arise.
11.How we handle your Content
11.1 If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
11.2 You now irrevocably authorise us to publish feedback, comments and ratings about your Products, services and activity through Our Website, even though it may be defamatory or critical.
11.3 We will use that license only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
11.4 Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
11.5 You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
11.6 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
11.7 Please notify us of any security breach or unauthorized use of your account.
- Restrictions on what you may Post to Our Website
We invite you to Post Content to Our Website for marketing your products and services and in other ways. We have to regulate your use of Our Website to protect our business, to protect other users of Our Website and to comply with the law. We do not undertake to moderate or check any item Posted. You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
12.1 be unlawful, or tend to incite another person to commit a crime;
12.2 be obscene, offensive, threatening, violent, malicious or defamatory;
12.3 be sexually violent/exploiting or child pornographic;
12.4 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- Music Use
Our mission is to inspire creativity and we know that for some users music can be a part of that expression and individuality. That’s why Our Website partnered with music rights holders to permit the use of copyrighted music in your videos. These Music Terms are intended to help you understand how music can be used
13.1 Our Website offers its users a library of licensed music from which songs may be selected for inclusion in videos. If you include in your video a song that was not chosen from the licensed library, then you confirm that you are the creator of that music and/or that you have all the rights and permissions needed to use that music in your video. Except as expressly set out in these Music Terms, you acknowledge that no rights in the music—either in the sound recordings or the underlying compositions embodied in them—are licensed to you under the Terms of Service or these Music Terms.
13.2 Music is part of the TikTok experience. But, to use music on our Platform, you must follow a few rules.
13.2.1 Short-form uses. Our global music license agreements may require us to place limits on the duration of music that can be used in your video. While specific limitations vary, uses of music up to one minute in length are generally permitted.
13.2.2 No alterations or modifications. You can not edit or alter the fundamental character of any copyrighted music, unless you created the underlying music or otherwise have the rights or permissions to do so.
13.2.3 No stand-alone audio. You should not use music separately as stand-alone audio without an accompanying video.
13.2.4 No illegal uses. Don’t use music in an illegal manner, in connection with illegal content, or in violation of our Terms of condition.
13.2.5 Sharing videos on third-party platforms. In some cases, you may be able to share videos to third-party platforms through our service. If you do share your video to a third-party platform, your video would be subject to the terms and conditions of that third-party platform.
13.2.6 Permitted uses by law. As part of our mission to inspire creativity, it is important to acknowledge that music may be used in transformative ways. While you must comply with these Music Terms, not all music is protected by copyright and not all uses of copyrighted music would be unauthorized or require obtaining permission. For instance, you may use works that are in the public domain, and certain uses of copyrighted works may qualify for an exception or limitation to copyright infringement, such as a parody or pastiche, in jurisdictions that recognize fundamental user rights.
Your Neighborhood Stripper LLCS respects intellectual property rights. We allow rights holders to report user content on the Platform that they believe infringes their copyrights. We have established policies that describe how rights holders can report claimed infringements and how users can dispute those reports. These policies apply to all types of copyrighted works, including music. For more information, see our Copyright Policy. You should review these policies if you believe you have mistakenly received a takedown notification.
We may remove or mute your video if we have reason to believe your use of music is unauthorized. You acknowledge that our audio recognition system may detect unauthorized uses of music and your content may be muted. If your content is muted or removed in error, and you have the necessary rights to share music or your use may be permitted by law, you can appeal the issue through the counter-notification form here.
- Copyright
Copyright is a legal right that protects original works of authorship (e.g., music, videos, etc.). Generally, copyright protects an original expression of an idea (e.g., the specific way a video or music is expressed or created) but does not protect underlying ideas or facts.
14.1 Copyright Infringement. We do not allow any content that infringes copyright. The use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation of TikTok’s policies.
At the same time, not all unauthorized uses of copyrighted content constitute an infringement. In many countries, exceptions to copyright infringement allow the use of copyrighted works under certain circumstances without authorization. These include the fair use doctrine in the United States and permitted acts of fair dealing in the European Union (and other equivalent exceptions under applicable local laws in other countries).’
14.2 Removal of Content; Suspension or Termination of Account
Any user content that infringes an other person’s copyright may be removed. The account may be suspended or terminated for multiple copyright violations in connection with the use of “Our Website” or app, or other violations of the Terms of Service. We reserve the right to refuse any account holder whose account was used for improper activities from opening a new account on “Our Website” or app, or otherwise hosted by Your Neighborhood Stripper llcs.