Conditions of Use
Welcome to South's Best. South's Best and its affiliates provide their
services to you subject to the following conditions. If you visit or
shop at South's Best, you accept these conditions. Please read them
carefully. In addition, when you use any current or future South's Best
service (e.g., personalized features, rating system, writing reviews, wish list, etc.)
or visit or purchase from any business affiliated with South's Best,
whether or not included in the South's Best Web site, you also will be
subject to the guidelines and conditions applicable to such service or
business.
PRIVACY
Please review our Privacy Policy, which also governs your visit to
South's Best, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit South's Best or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting
notices on this site. 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.
COPYRIGHT
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of South's Best or its content suppliers and
protected by United States and international copyright laws. The
compilation of all content on this site is the exclusive property of
South's Best and protected by U.S. and international copyright laws. All
software used on this site is the property of South's Best or its software
suppliers and protected by United States and international copyright laws.
TRADEMARKS
VABEST, VABEST.COM, South's Best ART, South's Best BOOKS,
South's Best CRAFTS, South's Best FOOD, South's Best MUSIC, and other
marks indicated on our site are registered trademarks of South's Best, Inc. or its
subsidiaries or parent company, in the United States and other countries.
South's Best's trademarks and trade dress may not be used in
connection with any product or service that is not South's Best's, in any
manner that is likely to cause confusion among customers, or in any manner
that disparages or discredits South's Best. All other trademarks not owned
by South's Best or its subsidiaries or parent that appear on this site are the
property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by South's Best or its subsidiaries.
LICENSE AND SITE ACCESS
South's Best grants you a limited license to access and make personal use
of this site and not to download (other than page caching) or modify it,
or any portion of it, except with express written consent of South's Best.
This license does not include any resale or commercial use of this site or
its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of this site or its contents;
any downloading or copying of account information for the benefit of
another merchant; or any use of data mining, robots, or similar data
gathering and extraction tools. This site or any portion of this site may
not be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent of
South's Best. 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 South's Best and our affiliates without express
written consent. You may not use any meta tags or any other "hidden text"
utilizing South's Best's name or trademarks without the express written
consent of South's Best. Any unauthorized use terminates the permission or
license granted by South's Best. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of South's Best so
long as the link does not portray South's Best, its affiliates, or their
products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any South's Best logo or other proprietary
graphic or trademark as part of the link without express written
permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting access to
your computer, and you agree to accept responsibility for all activities
that occur under your account or password. South's Best does sell products
for children, but it sells them to adults, who can purchase with a credit
card. If you are under 18, you may use South's Best only with involvement of
a parent or guardian. South's Best and its affiliates reserve the right to
refuse service, terminate accounts, remove or edit content, or cancel
orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, 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, 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." 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. South's Best 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 South's Best and its affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to
use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, and display such content throughout the world in any
media. You grant South's Best and its affiliates 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
South's Best or its affiliates for all claims resulting from content you
supply. South's Best has the right but not the obligation to monitor and
edit or remove any activity or content. South's Best takes no responsibility
and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
South's Best and its affiliates respect the intellectual property of
others. If you believe that your work has been copied in a way that
constitutes copyright infringement, please follow our Notice
and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from South's Best 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.
PRODUCT DESCRIPTIONS
South's Best and its affiliates attempt to be as accurate as possible.
However, South's Best does not warrant that product descriptions or other
content of this site is accurate, complete, reliable, current, or
error-free. If a product offered by South's Best itself is not as described,
your sole remedy is to return it in unused condition.
OTHER BUSINESSES
Parties other than South's Best and its subsidiaries operate stores,
provide services, or sell product lines on this site. In addition, we
provide links to the sites of affiliated companies and certain other
businesses. We are not responsible for examining or evaluating, and we do
not warrant the offerings of, any of these businesses or individuals or
the content of their Web sites. South's Best 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 policies and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY South's Best ON AN "AS IS" AND "AS AVAILABLE"
BASIS. South's Best MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, South's Best DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
South's Best DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT
FROM South's Best ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
South's Best WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE
USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting South's Best, you agree that the laws of the state of
Virginia, 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 South's Best or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to South's Best or to
products you purchase through South's Best shall be submitted to
confidential arbitration in Glen Allen, Virginia, except that, to the
extent you have in any manner violated or threatened to violate
South's Best's intellectual property rights, South's Best may seek injunctive
or other appropriate relief in any state or federal court in the state of
Virginia, and you consent to exclusive jurisdiction and venue in such
courts. Arbitration under this agreement shall be conducted under the
rules then prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a judgment in
any court of competent jurisdiction. To the fullest extent permitted by
applicable law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether
through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy,
posted on this site. These policies also govern your visit to
South's Best. We reserve the right to make changes to our site, policies,
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.
OUR ADDRESS
- South's Best
- 10286 Staples Mill Rd., #250
- Glen Allen, VA 23060
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide South's Best's copyright agent the
written information specified below. Please note that this procedure is
exclusively for notifying South's Best and its affiliates that your
copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been
infringed upon;
- A description of where the material that you claim is infringing is
located on the site, including the auction ID number, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
law;
- A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
South's Best's Copyright Agent for notice of claims of copyright
infringement on its site can be reached as follows:
- Copyright Agent
- South's Best Legal Department
- 10286 Staples Mill Rd., #250
- Glen Allen, VA 23060
- phone: 804-262-6429
Conditions of Use
