User AgreementUSER AGREEMENT
This User Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains at http://www.usedeventstuff.com and http://www.usedweddinggoods.com (the "Site(s)"). If you do not agree to be bound by this User Agreement, you may not use or access our services.The term "UsedEventStuff.com" (“UES”) or "us" or "we" refers to the owner of the website(s) whose registered office is 544 Fifth Avenue, Ste.2204 New York, NY 10001 . The term "you" refers to the user or viewer of our website.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site.* We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they contain further terms and conditions which apply to you as an UES user.By accepting this User Agreement, you agree to the following:• The content of the pages of this website is for your general information and use only. It is subject to change without notice.• We do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials posted or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.• Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.• At times this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).• Your use of this website and any dispute arising out of such use of the website is subject to the laws of The United States of America.
1) MODIFICATIONS TO USER AGREEMENT
We may amend this User Agreement at any time by giving you notice ("Notice") by either e-mail in accordance with your Notification Preferences or by posting the amended User Agreement on the Site. Any amended User Agreement will govern all users from the date that it is posted on the Site. You must review this agreement on a regular basis to keep yourself apprised of any changes.
This User Agreement is effective on 22 January 2008
Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended UES members. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement.
When you register on the Site you must choose a User ID and password. You are responsible for all actions taken under that User ID and password and shall only use or utilize the Site using your own User ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall also not permit, either directly or indirectly, any other person to utilize your User ID or password.
You must not offer, sell, bid for, or buy any items which we do not permit on the Site. We do not accept any obligation to protect you from unsafe items listed for sale on our Site. Please do not assume that items listed will be harmless to people or property.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that UES does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is inaccurate, misleading, or otherwise objectionable. Furthermore, the UES site and Content available through the Service may contain links to other websites, which are completely independent of UES. UES makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will UES be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that UES does not pre-screen or approve Content, but that UES shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the User Agreement or for any other reason.
You agree NOT to post, email, or otherwise make available Content:
That is that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; that is emailed to UES users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; that is offensive or menacing, abusive, defamatory, unlawful, harmful, harassing, libelous, invasive of another's privacy, or is harmful to minors in any way; that is in breach of copyright, confidence, privacy or any other rights; that would infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy; that is obscene, indecent, pornographic or depicts a human being engaged in actual sexual conduct or contains child pornography; that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability; with respect to employers that employ four or more employees, content that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract; that is fraudulent or involves the sale of counterfeit or stolen items; that would be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising); that impersonates any person or entity, including, but not limited to, a UES employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; that would create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; that links directly or indirectly to or includes descriptions of goods or services that are prohibited under this User Agreement or that you do not have a right to link to or include; that contains any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information; that is irrelevant, repeatedly posting the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; that would cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
6) THIRD PARTY CONTENT, SITES AND SERVICES
The UES site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of UES, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that UES shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that UES is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release UES, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
7) ANTI-SPAM POLICY
UES and our users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add an UES employee or an UES user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure. To report spam from other UES users, please send an email to email@example.com.
8) LIMITATIONS TO THE SERVICE
You acknowledge that UES may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that UES has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that UES reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that UES shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9) ACCESS TO THE SERVICE
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of UES and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. We do not authorize you to extract or re-utilize substantial parts of our Site, or to make systematic and repeated extractions or re-utilizations of insubstantial parts of our Site.
A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, items for sale or rent, or services or which is in the business of providing classified ad listing services.
UES permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the USER AGREEMENT, absent express permission granted by UES to do so. You may also create a hyperlink to the home page of UES sites so long as the link does not portray UES, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
10) TERMINATION OF SERVICE
Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your item listings, block your email or IP address, and refuse to provide our services to you without notice to you: (a) if you breach this User Agreement in letter or spirit, or the documents incorporated by reference; (b) if, despite our reasonable efforts, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability. Further, you agree that UES shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
11) PROPRIETARY RIGHTSThe Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of UES. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of UES, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Usedeventstuff.com and UsedWeddingGoods.com are patents pending in the U.S. Patent and Trademark Office.
Although UES does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to UES an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant UES all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
12) NO WARRANTY
You agree that the use of the UES site and the service is entirely at your own risk. The UES site and the service are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including without limitation, the warranties of merchantability, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
13) LIMITATIONS OF LIABILITY
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. Subject to the foregoing, we will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of the total fees you have paid to us in relation to the listing or other service offered giving rise to liability, or $100.
You agree to indemnify and hold UES, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
15) GENERAL INFORMATION
The USER AGREEMENT constitutes the entire agreement between you and UES and governs your use of the Service, superceding any prior agreements between you and UES. The User Agreement and the relationship between you and UES shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and UES agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York. The failure of UES to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the User Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.