1. Definitions.

"roupamania.com" is the interactive on-line auction service on the World Wide Web of the Internet, consisting of auction services and content provided by roupamania.com, affiliates of roupamania.com and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of roupamania.com.

2. General.

By using roupamania.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. roupamania.com allows only 1 (one) account per registered Subscriber. The right to use roupamania.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password.

(B) roupamania.com shall have the right at any time to change or discontinue any aspect or feature of roupamania.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Changed Terms.

roupamania.com shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of roupamania.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on roupamania.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of roupamania.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

4. Equipment.

Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of roupamania.com and all charges related thereto.

5. Subscriber Conduct.

(A) Subscriber shall use roupamania.com for lawful purposes only. Subscriber shall not post or transmit through roupamania.com Interactive any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without roupamania.com's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in roupamania.com's discretion restricts or inhibits any other Subscriber from using or enjoying roupamania.com Interactive will not be permitted. Subscriber shall not use roupamania.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with roupamania.com.

(B) roupamania.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of roupamania.com are copyrighted as a collective work under the Europe copyright laws. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of roupamania.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) Subscriber shall not upload, post or otherwise make available on roupamania.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of roupamania.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted roupamania.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants roupamania.com the right to edit, copy, publish and distribute any material made available on roupamania.com by Subscriber.

(D) The foregoing provisions of Section 5 are for the benefit of roupamania.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Disclaimer of Warranty; Limitation of Liability.

(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF roupamania.com INTERACTIVE IS AT SUBSCRIBER'S SOLE RISK. NEITHER roupamania.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT roupamania.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF roupamania.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH roupamania.com.

(B) roupamania.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT roupamania.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.

(D) IN NO EVENT WILL roupamania.com, OR ANY PERSON OR ENTITY INVOLVED IN USE OF A roupamania.com AUCTION, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE roupamania.com. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON roupamania.com.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, roupamania.com, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED roupamania.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, roupamania.com, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

7. Monitoring.

roupamania.com shall have the right, but not the obligation, to monitor the content of roupamania.com, to determine compliance with this Agreement and any operating rules established by roupamania.com and to satisfy any law, regulation or authorized government request. roupamania.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on roupamania.com. Without limiting the foregoing, roupamania.com shall have the right to remove any material that roupamania.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

8. Trademarks.

roupamania.com's logos are trademarks of roupamania.com and any of its subsidiaries. All rights reserved. All other trademarks appearing on roupamania.com are the property of their respective owners.

9. Miscellaneous.

This Agreement and any operating rules for roupamania.com established by roupamania.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Auction Glitches
roupamania.com will offer 100% risk free auctions, save when a technical glitch prevents that from happening. In such a case, roupamania.com reserves the right to stop, restart, or cancel any auction at any time, including before, during and after. Any and all funds received during a glitch auction, will be returned by roupamania.com to the customer if no merchandise is shipped.

It is in the best interest of all bidders to print a copy or write down the listing number of each auction. In the case your auction was affected by a glitch, without the listing number there will be no way to investigate the situation. It is the sole responsibility of the user to maintain the auction listing number or numbers.

Frivolous Bidding
In an effort to maintain our auctions free from frivolous bidding, roupamania.com reserves the right to remove erroneous bids from an auction and extend the auction for no longer than 25 minutes. If no other bids are placed during the extension the auction will be awarded to the next highest bidder.
roupamania.com may also declare a winner prior to the auction closing.


Your Transactions and Obligations
By entering into this Agreement and bidding on a product, the customer agrees to complete the transaction. In which case, the customer will be held accountable if they do not fulfill this obligation. If payment is not made, bidding privileges may be subject to suspension and roupamania.com maintains the right to cancel outgoing invoices at their own discretion. Reasons for such actions include but are not limited to multiple non-pays of auctions won, unresolved chargeback issues, an undeliverable address, or the refusal to pay custom fees.


Chargeback Procedure
roupamania.com, in good-faith, makes every effort to bring disputes that may arise to a fair and just conclusion. If customer does not make an attempt to resolve a dispute before initiating a chargeback procedure, their account will be deactivated immediately. If you have any questions regarding an invoice or a payment made, please call roupamania.com or send an e-mail to webmaster@roupamania.com

(Mail fraud is a CRIME!)

Illegal Activity
The Site and Services only may be used for lawful purposes and in a lawful manner. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant's password. Such conduct is a violation of state and federal laws. Fraudulent conduct may be reported to law enforcement, and roupamania.com will cooperate to ensure all violators will be prosecuted to the full extent of the law.

Shill bidding is prohibited on the site, that is the placing of bids or causing bids to be placed on any product for the purpose of artificially increasing or otherwise manipulating the bidding process on roupamania.com or the bid price of any product listed on the site, or influencing user behavior on roupamania.com