Last updated: April 19, 2021
Welcome to Mallskape.com. a subsidiary of Gortron Inc., Gortron Ltd, and/or its affiliates ("Mallskape") provide website features and other products and services to you when you visit or shop at Mallskape.com, use Mallskape products or services, use Mallskape applications for mobile, or use software provided by Mallskape in connection with any of the foregoing (collectively, "Mallskape Services"). Gortron Inc., Gortron Ltd provides the Mallskape Services subject to the following conditions.
By using Mallskape Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Mallskape Services, and sometimes additional terms may apply. When you use a Mallskape Service (for example, Your Profile, Gift Cards, or put link to download App here by having them send email to get link) you also will be subject to the guidelines, terms and agreements applicable to that Mallskape Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Link to Privacy Notice, which also governs your use of Mallskape Services, to understand our practices.
When you use Mallskape 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 Mallskape Services 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 requirements and that such communications shall be made in writing.
All content included in or made available through any Mallskape Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Mallskape and by extension Gortron Inc. and Gortron Ltd and is protected by international copyright laws. The compilation of all content included in or made available through any Mallskape Service is the exclusive property of Gortron Inc. and Gortron Ltd and is protected by international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Mallskape Service are trademarks or trade dress of Mallskape in the U.S. and other countries. Mallskape's trademarks and trade dress may not be used in connection with any product or service that is not Gortron Inc.’s or Gortron Ltd.’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Mallskape. All other trademarks not owned by Mallskape that appear in any Mallskape Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mallskape and by extension Gortron Inc. or Gortron Ltd.
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Mallskape grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Mallskape Services. This license does not include any resale or commercial use of any Mallskape Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Mallskape 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 Mallskape or its licensors, suppliers, publishers, rights holders, or other content providers. No Mallskape Service, nor any part of any Mallskape Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mallskape. 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 Mallskape without express written consent. You may not use any meta tags or any other "hidden text" utilizing Mallskape's name or trademarks without the express written consent of Gortron Inc. and Gortron Ltd. You may not misuse the Mallskape Services. You may use the Mallskape Services only as permitted by law. The licenses granted by Mallskape will be terminated if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Mallskape account to use certain Mallskape 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. Insert link to manage 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. Mallskape does sell products to 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 Mallskape Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their respective homes. Alcohol listings on Mallskape are intended for adults only. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Mallskape reserves the right to refuse service, terminate accounts, terminate your rights to use Mallskape Services, remove or edit content, or cancel orders in its sole discretion.
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. Mallskape 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 Mallskape a nonexclusive, royalty-free, and fully sublicensable right to use such content throughout the world in any media. You grant Mallskape 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 Mallskape for all claims resulting from content you supply. Mallskape has the right but not the obligation to monitor and edit or remove any activity or content. Mallskape takes no responsibility and assumes no liability for any content posted by you or any third party.
All purchases of physical items from Mallskape 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 where applicable.
Mallskape does not take title to returned items being sold by sellers on the platform. All returns and refunds will be the sole responsibility of the sellers who operate their independent businesses on Mallskape.
Mallskape attempts to be as accurate as possible. However, Mallskape does not warrant that product descriptions or other content of any Mallskape Service is accurate, complete, reliable, current, or error-free. If a product offered by a vendor on Mallskape itself is not as described, your sole remedy is to return it in unused condition to the vendor from which it was bought and seek a refund where applicable.
When you use apps created by Mallskape, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
Parties other than Mallskape operate stores, provide services or software, or sell product lines through the Mallskape 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 Mallskape. 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 Websites). Mallskape 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.
The mallskape services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the mallskape services are provided by mallskape on an "as is" and "as available" basis, unless otherwise specified in writing. mallskape makes no representations or warranties of any kind, express or implied, as to the operation of the mallskape services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the mallskape services, unless otherwise specified in writing. You expressly agree that your use of the mallskape services is at your sole risk.
To the full extent permissible by law, mallskape disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. mallskape does not warrant that the mallskape services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the mallskape services, mallskape's servers or electronic communications sent from mallskape are free of viruses or other harmful components. to the full extent permissible by law, mallskape will not be liable for any damages of any kind arising from the use of any mallskape service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any mallskape service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Please review our other policies posted on this site. These policies also govern your use of Mallskape 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.
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 Mallskape Services (the " Mallskape Software").
1. Use of the Mallskape Software. You may use Mallskape Software solely for purposes of enabling you to use the Mallskape Services as provided by Mallskape, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Mallskape Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Mallskape Software in whole or in part. All software used in any Mallskape Service is the property of Mallskape and by extension Gortron Inc. and Gortron Ltd and is protected by international copyright laws.
2. Use of Third Party Services. When you use the Mallskape Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Mallskape Software, whether in whole or in part.
4. Updates. We may offer automatic or manual updates to the Mallskape Software at any time and without notice to you.
5. Government End Users. If you are a Government end user, we are licensing the Mallskape Software to you as a "Commercial Item". As a result the rights we grant you to the Mallskape Software are the same as the rights we grant to all others under these Conditions of Use.
6. Conflicts. In the event of any conflict between these Conditions of Use and any other Mallskape or third-party terms applicable to any portion of Mallskape Software, such as open-source license terms, such other terms will control as to that portion of the Mallskape Software and to the extent of the conflict.
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