1. Acceptance
of User Agreement and Amendments:
Each
time you use or cause access to this B2B Classified Section of our web site, you
agree to be bound by this User Agreement, as amended from time to time with or
without notice to you. In addition, if you are using a particular service on
this web site or accessed via this web site, you will be subject to any rules or
guidelines applicable to those services, and they will be incorporated by
reference within this User Agreement. Please read the site's
Privacy policy, which is incorporated within this User Agreement by
reference.
2. The
Webmaster's Service:
This
web site and the services provided to you on and via this web site are provided
on an "AS IS" basis. You agree that the webmaster reserves the right to modify
or discontinue provision of this web site and its services, and to remove the
data you provide, either temporarily or permanently, at any time, without notice
and without any liability towards you. The webmaster will not be held
responsible or liable for timeliness, removal of information, failure to store
information, inaccuracy of information, or improper delivery of information.
3. Your
Responsibilities and Registration Obligations:
In
order to use this web site or certain parts of it, you will be required to
register for a user account on this web site;
in this case, you agree to provide truthful information when requested, and --
if a minimum age is required for eligibility for a user account -- you undertake
that you are at least the required age. By registering for a user account, you
explicitly agree to this site's User Agreement, including any amendments made by
the webmaster that are published herein.
4. Privacy
Policy:
Registration data and other personally identifiable information that the site
may collect is subject to the terms of this website's
Privacy Policy.
5. Registration
and Password:
You
are responsible for maintaining the confidentiality of your password, and you
will be responsible for all usage of your user account and/or user name, whether
authorized or not authorized by you. You agree to immediately notify
the webmaster of any unauthorized use of your user account, user name or
password.
6. Your Conduct:
You
agree that all information or data of any kind, whether text, software, code,
music or sound, photographs or graphics, video or other materials ("content"),
made available publicly or privately, will be under the sole responsibility of
the person providing the said content, or of the person whose user account is
used. You agree that this web site may expose you to content that may be
objectionable or offensive. The webmaster will not be responsible to you in any
way for content displayed on this web site, nor for any error or omission.
By using this web
site or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be
construed as: unlawful; illegal; threatening; harmful; abusive; harassing;
stalking; tortious; defamatory; libelous; vulgar; obscene; offensive;
objectionable; pornographic; designed to interfere with or disrupt the operation
of this web site or any service provided; infected with a virus or other
destructive or deleterious programming routine; giving rise to civil or criminal
liability; or in violation of an applicable local, national or international
law;
(b) you will not impersonate or misrepresent your association with any person or
entity; you will not forge or otherwise seek to conceal or misrepresent the
origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use this web site to provide, any
content or service in any commercial manner, or in any manner that would involve
junk mail, spam, chain letters, pyramid schemes, or any other form of
unauthorized advertising or commerce; you will not use this web site to promote
or operate any service or content without the webmaster's prior written consent;
(e) you will not provide any content that may give rise to the webmaster being
held civilly or criminally liable, or that may be considered a violation of any
local, national or international law, including -- but not limited to -- laws
relating to copyrights, trademarks, patents, or trade secrets.
7. Submission of
Content on this Web Site:
By
providing any content to this web site;
(a) you agree to grant the webmaster a worldwide, royalty-free, perpetual,
non-exclusive right and license (including any moral rights or other necessary
rights.) to use, display, reproduce, modify, adapt, publish, distribute,
perform, promote, archive, translate, and to create derivative works and
compilations, in whole or in part. Such license will apply with respect to any
form, media, technology already known at the time of provision or developed
subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights
that may be necessary to grant the webmaster the license specified in this
section 7;
(c) you acknowledge and agree that the webmaster will have the right (but not
obligation), at the webmaster's entire discretion, to refuse to publish, or to
remove, or to block access to any content you provide, at any time and for any
reason, with or without notice.
8. Third-party
Services:
Goods
and services of third parties may be advertised and/or may be made available on
or through this web site. Representations made regarding products and services
provided by third parties will be governed by the policies and representations
made by these third parties. The webmaster will not in any manner be liable for
or responsible for any of your dealings or interaction with third parties.
9.
Indemnification:
You
agree to indemnify and hold harmless the webmaster and the webmaster's
representatives, subsidiaries, affiliates, related parties, officers, directors,
employees, agents, independent contractors, advertisers, partners, and
co-branders, from any claim or demand, including reasonable legal fees, that may
be filed by any third party, arising out of your conduct or connection with this
web site or service, your provision of content, your violation of this User
Agreement, or any other violation by you of the rights of another person or
party.
10. DISCLAIMER OF
WARRANTIES:
YOU
UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR
CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE
PROVIDED TO YOU "AS IS", AND THE WEBMASTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE WEBMASTER
MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL
BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR
OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY
CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT
NEITHER THE WEBMASTER NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL
ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA
THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE WEBMASTER WILL
NOT BE HELD LIABLE IN ANY WAY.
Some
jurisdictions may not allow disclaimers of implied warranties, and certain
statements in the above disclaimer may not apply to you as regards implied
warranties; the other terms and conditions remain enforceable notwithstanding.
11. LIMITATION OF
LIABILITY:
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBMASTER WILL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS
INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE WEBMASTER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE
INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR
SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS
BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY
OTHER MATTER RELATING TO SERVICES.
In some
jurisdictions, it is not permitted to limit liability and, therefore, such
limitations may not apply to you.
12. Reservation
of Rights:
The
webmaster reserves all of the webmaster's rights, including but not limited to
any and all copyrights, trademarks, patents, trade secrets, and any other
proprietary right that the webmaster may have in respect of this web site, its
content, and goods and services that may be provided. The use of the webmaster's
rights. and property requires the webmaster's prior written consent. By making
services available to you, the webmaster is not providing you with any implied
or express licenses or rights, and you will have no rights to make any
commercial use of this web site or provided services without the webmaster's
prior written consent.
13. Notification
of Copyright Infringement:
If you
believe that your property has been used by another user in this Classified
section in any way that could be considered a copyright infringement or a
violation of your intellectual property rights, please contact the
site administrator
at:
jack@beta-online.com
14. Applicable Law:
You agree that this User Agreement and any dispute arising out of your use
of this web site or products or services provided will be governed by and
construed in accordance with local laws applicable at the webmaster's domicile,
notwithstanding any differences between the said applicable legislation and
legislation in force at your location. By registering for a user account on this
web site, or by using this web site and the services it provides, you accept
that jurisdiction is granted to the courts having jurisdiction over the
webmaster's domicile, and that any disputes will be heard by the said courts.
15. Miscellaneous
Information:
(i) In
the event that any provision of this User Agreement is deemed to conflict with
legislation by a court with jurisdiction over the parties, the said provision
will be interpreted to reflect the original intentions of the parties in
accordance with applicable law, and the remainder of this User Agreement will
remain valid and applicable; (ii) The failure of either party to assert any
right under this User Agreement will not be considered to be a waiver of that
party's right, and the said right will remain in full force and effect; (iii)
You agree that any claim or cause in respect of this web site or its services
must be filed within one (1) year after such claim or cause arose, or the said
claim or cause will be forever barred, without regard to any contrary
legislation; (iv) The webmaster may assign the webmaster's rights and
obligations under this User Agreement; in this event, the webmaster will be
relieved of any further obligation.
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