20th Century Finds

IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, 20th CENTURY FINDS DOES NOT WARRANT THAT: (i) THE ITEMS SOLD ON THIS SITE ARE IN NEW CONDITION, AND ARE FREE OF ANY IMPERFECTIONS DUE TO USE, AGE, MANUFACTURING, FABRICATION OR OTHERWISE; (ii) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (iii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY
IN NO EVENT SHALL 20th CENTURY FINDS, ITS OWNER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE 20th CENTURY FINDS WEB SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE 20th CENTURY FINDS WEB SITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF 20th CENTURY FINDS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL 20th CENTURY FINDS' TOTAL LIABILITY (OR THE TOTAL LIABILITY OF ANY THIRD PARTY PROVIDING INFORMATION ON THIS SITE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (U.S.$1.00).

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

RISK OF LOSS
The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.

USER'S SUBMISSION OF IDEAS, COMMENTS AND QUESTIONS; RSS FEED
We welcome your feedback about our Site and its contents. However, any comments, ideas, notes, messages, suggestions, RSS feed content, or other communications (collectively, "Submissions") shall be and remain the exclusive property of 20the Century Finds. As such, Owner exclusively owns all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. User represents, agrees and warrants to Owner that she is free to use any and all of User's Submission, as provided or modified by Owner as she so desires, without obtaining permission or license from User or any third party.

User's Submissions made on and through the RESOURCES/COMMENTS and RAVE REVIEW pages of this Site can be and are made public through RSS feeds and the pages themselves. This can include the name and e-mail address of User. Any information User provided in that comment is made public, including name and e-mail address of User. Such a publication is considered made voluntarily by and at the choice of User. By making a Submission, User agrees, without limitation, to have any and all information User provided in the Submission published online, to the public, and in any other manner. Owner is not responsible for online cached information about User and his/her comment.

Under no circumstances shall any Submission made to 20th Century Finds be subject to any obligation of confidentiality or privacy, or expectations of privacy of or compensation to User. By making a Submission, User is waiving any and all rights that User may have had in the information User provided in the Submission.

USER AGREES THAT NONE OF THE SUBMISSIONS MADE SHALL CONTAIN OR WILL BE LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL.

USER AGREES THAT ANY AND ALL OF SUBMISSIONS MADE WILL NOT VIOLATE ANY RIGHT OF 20TH CENTURY FINDS OR OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY OR OTHER PERSONAL OR PROPRETARY RIGHTS, AND FREEDOM FROM DEFAMATION.

INDEMNITY & DUTY TO DEFEND
By using this Site, User agrees to indemnify, hold harmless and immediately defend Owner and its respective owners, officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors representatives and affiliates from any potential claims, claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a potential claim or claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with User's use of this Site, including but not limited to the use of this Site with the Social Networking tools and/or making Submissions, for any reason. This duty to defend and indemnify is not limited to the stated rights within this Terms of Use. User agrees to cooperate as fully as reasonably required in the defense of any claim. Owner reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by User.

LINKS TO THIRD-PARTY SITES
This Site may contain links to non-20th CENTURY FINDS.com web sites. These links are provided to you as a convenience, and you access them at your own risk. We are not responsible for the content of any linked web site or any bulletin board associated with us. Any outside web site accessed from our Site is independent from 20th CENTURY FINDS.com, and we have no control over the content of such web sites.

PROP 65 AND CALIFORNIA LAW
20th Century Finds is exempt from Prop 65 and other laws related to the sale of items to California residents. It is a sole proprietorship with less than the threshhold number of employees required to be non-exempt.

NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by us of that third party or of any product or service provided by a third party. Likewise, a link to any non-20th CENTURY FINDS web site does not imply that we endorse or accept any responsibility for the content or use of such a web site.

TERMINATION OF USE
20th CENTURY FINDS may, in its sole discretion, terminate or suspend User's use or access to all or part of the Site, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and /or use of the Site is terminated, you must cease and desist from all such access and/or use immediately. In the event these Terms of Use are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

ENFORCEMENT OF TERMS OF USE; VENUE; CHOICE OF LAW
These Terms of Use and any dispute of any sort that might arise between you and 20th CENTURY FINDS or its affiliates or subsidiaries will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the State or Federal Courts of the State of California; provided, however, that notwithstanding anything contained in these Terms of Use to the contrary, we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.

SEVERABILITY; MODIFICATIONS; ACCURACY OF CONTENT; FUTURE MODIFICATIONS TO SITE; LIMITATIONS ON QUANTITY
If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. We reserve the right to make changes to the Site and our policies and promotions at any time. Owner may alter, suspend, or discontinue Site in whole or in part, at anytime and for any reason, without notice or cost. The Site may periodically become unavailable due to maintenance or malfunction for any reason.

The information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. Errors will be corrected as soon as practicable. Owners reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; (iii) shipping options, shipping methods, and shipping rates, and (iv) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). User also reserves the right to limit quantities (including after an order has been submitted and/or acknowledged). If a product offered by us is not as depicted, User's sole remedy is to return it in unused condition per terms of our RETURN POLICY.

ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

If you have any questions about these Terms of Use, please CONTACT US.