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QVC Marketplace
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Terms of Sale

These General Terms and Conditions of Use ("Terms") are entered into by and between you and QVC, Inc., a Delaware corporation ("QVC"). In consideration of your use of and access to this Internet site (the "Site"), and the promises and obligations herein, and intending to be legally bound, you and QVC hereby agree as follows:

Your access to and use of this Site is subject to these Terms, as well as any modifications to them issued by QVC and all applicable laws and regulations. BY USING THE SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Site. These Terms govern only this Site, and do not govern the website, www.qvc.com, which is governed by the QVC General Terms and Conditions of Use and QVC Privacy Statement displayed on that site, or any other website operated by or for QVC or its affiliates.

1. General.

Among other things, the Site provides information concerning various products and services and, to registered buyers, the opportunity to purchase such products and services. If you are a registered user of this Site, your purchases of products at this Site shall be governed by the Terms and Conditions to which you agreed as a condition of your registration (“Buyer Terms”). These Terms and the information provided in the Site do not modify or supersede the Buyer Terms with respect to your purchase of any product or service, except as otherwise specifically provided herein. Further, to the extent any area within the Site contains additional specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms and the Buyer Terms. To the extent there is a direct conflict between these Terms and the Buyer Terms or between these Terms and the Specific Terms, the Buyer Terms or the Specific Terms, as applicable, shall prevail.

2. Changes in Terms.

QVC shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site. You are responsible for reviewing the Site periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by QVC to these Terms. ANY ACCESS OR USE OF THE SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than QVC shall be valid or enforceable against QVC unless expressly agreed to by QVC in a writing signed by a duly authorized officer of QVC.

3. Termination.

These Terms are effective until terminated by QVC. QVC may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Site, and the restrictions imposed on you with respect to the Content (as defined below), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.

QVC shall also have the right without notice and at any time to cease operation of the Site or any portion thereof, or any products or services offered through the Site, or to terminate any individual's right to access or use the Site or any portion thereof.

4. Compliance with Laws.

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. You must be at least 18 years old to use the Site.

5. Content.

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content."

The Content may contain errors, omissions, or typographical errors or may be out of date. QVC may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on QVC in any way except to the extent it is specifically indicated to be so.

Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by QVC or by third parties that have licensed their use to QVC. You may view and use the Content only for your personal information and, if you are a registered user, for purchase of products on the Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, neither QVC nor its suppliers grants to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by QVC, is strictly prohibited.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the QVC copyright agent the written information specified below:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site, including the item number, if applicable;
Your address, telephone number, facsimile number and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.

You may notify us of claims of copyright or other intellectual property infringement by writing to us at Copyright Agent, Legal Department, Mail Code 207, QVC, Inc., 1200 Wilson Drive, West Chester, Pennsylvania 19380, or sending an email message to CopyrightAgent@QVC.com.

6. Cookies; Web Beacons.

From time to time, QVC or its advertisers may send a “cookie” to your computer. Cookies are pieces of data that allow a website to store on your own computer an identification code associated with you which can later be retrieved and associated with your visit to the Site. Session cookies terminate shortly after you close your Internet browser. Persistent cookies are stored on your hard drive until they expire or are deleted. QVC or its advertisers may also use cookies to identify which areas of the Site or other websites in our network that you have visited or customized, so that those pages may be readily accessible the next time you visit the Site. You may be able to set the Internet browser on your computer to disable the retention of cookies.

Web beacons are small, transparent graphics that are placed on web pages to track how visitors arrive at a website and what they do there. QVC may use web beacons to track the browsing activities of visitors to the Site and to compile statistical data. This information assists us in managing the Site and enhancing your browsing experience.

Your access and use of the Site constitutes your consent to the placement of cookies on your machine and to the use of web beacons to track your activities at the Site.

7. Linked Third Party Sites.

Links to other Internet sites operated by third parties, including QVC’s suppliers and vendors, do not constitute sponsorship, endorsement, or approval by QVC of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by QVC, and QVC is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

8. Prices; Orders.

Prices displayed on the Site are in U.S. dollars. QVC reserves the right without prior notice to discontinue or change specifications and prices on products and services that may be offered on the Site without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on the Site do not imply endorsement of that product or service, or constitute a warranty, by QVC or its suppliers.

QVC and its suppliers reserve the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, QVC and its suppliers shall have the right to refuse or cancel orders placed for the product listed at the incorrect price.

9. Disclaimer and Limitation of Liability as to the Site and Content.

QVC AND ITS SUPPLIERS MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. QVC AND ITS SUPPLIERS ALSO DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

UNDER NO CIRCUMSTANCES SHALL QVC, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF QVC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification.

You agree to defend, indemnify, and hold harmless QVC, QVC's suppliers and vendors, and their respective affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Site and any product or service provided to you arising out of or relating to your use of the Site. The foregoing indemnification obligation shall survive termination of these Terms and the Site.

11. Submissions.

Except as otherwise expressly provided herein, any communication or material you transmit to the Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by QVC, QVC’s vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, QVC, QVC’s suppliers, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.

12. Miscellaneous.

These Terms, and, for registered users, together with the Buyer Terms, 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. No waiver by QVC of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.

QVC and its suppliers shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

Access to or use of the Site shall not be construed as the purposeful availment by QVC or its suppliers of the privilege or benefits of doing business in any state or legal jurisdiction other than the Commonwealth of Pennsylvania. These Terms, any claims brought against QVC or its suppliers, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law principles. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement or use of this Site shall be in the state or federal courts located in Chester County, Pennsylvania.



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