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Terms & Conditions GDPR for YellowMenace.net

Created Aug. 5, 2018

This website is owned and operated by YellowMenace aka Sterling Shimozawa. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors Asian art & culture blog posts, affiliate & non-affiliate art product recommendations.  The purpose of this site is to promote Asian themed art, Asian artists & related art products.

 

By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms. In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

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When buying an item, you are taken to a trusted third party website to complete the actual purchase. Again, YellowMenace is a recommendation platform which may or may not receive an affiliate commission for any purchases made from an affiliated online store. Therefore, any returns or refunds must be directed to the online vendor you purchased the product from. YellowMenace does not handle any financial transactions or fulfill any product orders. YellowMenace does not receive your credit card or financial information.

The prices and descriptions listed with products are added to assist your shopping experience and are taken from affiliated online stores which are selling those items. These prices are subject to change and we reserve the right to change the prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing, sales tax and delivery charges are available on the vendor’s page.

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This site promotes Asian themed art, Asian artists & related art products therefore makes no claim of ownership to intellectual property or licensing rights for any of the images, videos, products or other content displayed, except where specifically stated. YellowMenace uses the images, videos & other content on this site under the Fair Use doctrine, citing & linking to creators, source materials, as well as actively promoting the public’s interest in art & ownership of artists’ products. YellowMenace is an approved affiliate or has gained permission to promote art products from the owners of those properties.

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We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to remove any information held by this site at any time.

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You agree to indemnify and hold YellowMenace aka Sterling Shimozawa harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the products or services offered &/or promoted on the website.

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To the maximum extent permitted by applicable law, in no event shall YellowMenace aka Sterling Shimozawa, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

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To the maximum extent permitted by applicable law, YellowMenace aka Sterling Shimozawa assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

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By entering your email address on our site you agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.

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These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Thailand, Chonburi without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Banglamung. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

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