NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
Conditions of Use
Last updated: May 3, 2021
Welcome to D24 Market.com. D24 Market.com Services LLC and/or its affiliates ("D24 Market") provide website features and other products and services to you when you visit or shop at D24 Market.com, use D24 Market products or services, use D24 Market applications for mobile, or use software provided by D24 Market in connection with any of the foregoing (collectively, "D24 Market Services"). By using the D24 Market Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.
Please read these conditions carefully.
We offer a wide range of D24 Market Services, and sometimes additional terms may apply. When you use an D24 Market Service (for example, Your Profile, Gift Cards, D24 Market Video, Your Media Library, D24 Market devices, or D24 Market applications) you also will be subject to the guidelines, terms and agreements applicable to that D24 Market Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of D24 Market Services, to understand our practices.
When you use D24 Market Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other D24 Market Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any D24 Market Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of D24 Market or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any D24 Market Service is the exclusive property of D24 Market and protected by U.S. and international copyright laws.
To see a non-exhaustive list of D24 Market trademarks write us. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any D24 Market Service are trademarks or trade dress of D24 Market in the U.S. and other countries. D24 Market's trademarks and trade dress may not be used in connection with any product or service that is not D24 Market's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits D24 Market. All other trademarks not owned by D24 Market that appear in any D24 Market Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by D24 Market.
One or more patents owned by D24 Market apply to the D24 Market Services and to the features and services accessible via the D24 Market Services. Portions of the D24 Market Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, D24 Market or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the D24 Market Services. This license does not include any resale or commercial use of any D24 Market Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any D24 Market Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by D24 Market or its licensors, suppliers, publishers, rightsholders, or other content providers. No D24 Market Service, nor any part of any D24 Market Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of D24 Market. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of D24 Market without express written consent. You may not use any meta tags or any other "hidden text" utilizing D24 Market's name or trademarks without the express written consent of D24 Market. You may not misuse the D24 Market Services. You may use the D24 Market Services only as permitted by law. The licenses granted by D24 Market terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own D24 Market account to use certain D24 Market Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit Your Payments to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. D24 Market does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the D24 Market Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their D24 Market Household. Alcohol listings on D24 Market are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. D24 Market reserves the right to refuse service, terminate accounts, terminate your rights to use D24 Market Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. D24 Market reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant D24 Market a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant D24 Market and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify D24 Market for all claims resulting from content you supply. D24 Market has the right but not the obligation to monitor and edit or remove any activity or content. D24 Market takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
D24 Market respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement
RISK OF LOSS
All purchases of physical items from D24 Market are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
D24 Market does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, D24 Market does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center.
D24 Market attempts to be as accurate as possible. However, D24 Market does not warrant that product descriptions or other content of any D24 Market Service is accurate, complete, reliable, current, or error-free. If a product offered by D24 Market itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on D24 Market and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on D24 Market.
With respect to items sold by D24 Market, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by D24 Market is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created by D24 Market, such as the D24 Market App or Kindle App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here.
SANCTIONS AND EXPORT POLICY
You may not use any D24 Market Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using D24 Market Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including D24 Market Software), technology, and services.
Parties other than D24 Market operate stores, provide services or software, or sell product lines through the D24 Market Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from D24 Market. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). D24 Market does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE D24 Market SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE D24 Market SERVICES ARE PROVIDED BY D24 Market ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. D24 Market MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE D24 Market SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE D24 Market SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE D24 Market SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, D24 Market DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. D24 Market DOES NOT WARRANT THAT THE D24 Market SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE D24 Market SERVICES, D24 Market'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM D24 Market ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, D24 Market WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY D24 Market SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY D24 Market SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any D24 Market Service will be adjudicated in the state or Federal courts in King County, Washington, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.
By using any D24 Market Service, you agree that applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and D24 Market.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of D24 Market Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
D24 Market.com, Inc.
P.O. Box 81226
Seattle, WA 98108-1226
ADDITIONAL D24 Market SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with D24 Market Services (the "D24 Market Software").
HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
D24 Market accepts service of subpoenas or other legal process only through D24 Market’s national registered agent, Corporation Service Company (CSC). Subpoenas or other legal process may be served by sending them to CSC at the following address:
D24 Market.com, Inc.
Corporation Service Company
690 Deschutes Way SW, Suite 208 MC-CSC1
Tumwater, WA 98501
Attn: Legal Department – Legal Process
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for D24 Market devices; and IP address and complete time stamps.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:
D24 Market.com Legal Department
P.O. Box 81226
Seattle, WA 98108
phone: (206) 266-4044
e-mail: [email protected]
D24 Market.com Legal Department
2026 7th Avenue
Seattle, WA 98121
Written claims concerning copyright infringement must include the following information: