 |
|
|
|
Free Online Classifieds Advertisements: Buy and Import , Selling and Exports |
|
Terms Of Use Agreement |
This Terms of Use Agreement (the "Agreement") describes the terms and conditions applicable to your use of the AboutD.com web site which is identified by the uniform resource locator www.aboutd.com (the "Site"). This Agreement is entered into between you as the user of the Site (the "User") and aboutd.com ("AboutD").
| 1.1 | For purposes of this Agreement, a "User" is any person who
accesses the Site for whatever purpose, regardless of whether such User
has registered with AboutD as a registered user or whether such User is a
paying customer for a specific service provided by AboutD. A User includes
the person using this Site and any legal entity which may be represented
by such person under actual or apparent authority. |
||||
| 1.2 | By accessing or using the Site, you hereby agree to accept the terms
and conditions set forth in this Agreement as a User. You shall be bound
by the terms and conditions of this Agreement with respect to your access
or use of this Site and any further upgrade, modification, addition or
change to this Site. If you do not accept all of the terms and conditions
of this Agreement, please do not use this Site.
|
||||
| 1.3 | This Agreement applies to each Paid (as defined below) in addition to
any terms and conditions that may be applicable to such specific Premium
Service provided, however, that
|
||||
| 1.4 | AboutD may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement was last amended on February 7, 2005. Posting by AboutD of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of AboutD. |
| 2.1 | Access to the Site and certain of its features are provided to all
Users free of charge. However, AboutD reserves the right, without prior
notice, to restrict access to certain areas or features of the Site ("Paid
Services") to paying Users or Users who undergo a specific
registration process. Access to and use of these Premium Services are
governed by additional terms and conditions under separate agreements in
addition to this Agreement. |
| 2.2 | AboutD reserves the right to deny Paid Services to any User for whatever reason in order to protect AboutD's interests. |
| 3.1 | Users may use this Site solely for their own personal or internal
purposes. Each User agrees that it shall not copy, reproduce or download
any information, text, images, video clips, directories, files, databases
or listings available on or through the Site (the "AboutD Content")
for the purpose of re-selling or re-distributing the AboutD Content, mass
mailing (via emails, wireless text messages, physical mail or otherwise),
operating a business that competes with AboutD, or otherwise commercially
exploiting the AboutD Content. Systematic retrieval of AboutD Content from
this Site to create or compile, directly or indirectly, a collection,
compilation, database or directory (whether through robots, spiders,
automatic devices or manual processes) without written permission from
AboutD is prohibited. In addition, use of the content or materials for any
purpose not expressly permitted in this Agreement is prohibited. |
| 3.2 | Some of the AboutD Content displayed on this Site is provided or
posted by third parties ("Third Party Content"). Neither AboutD nor
any of our affiliates, directors, officers or employees has entered into
any sales agency relationship with such third party by virtue of AboutD's
display of the Third Party Content on the Site. Any Third Party Content is
the sole responsibility of the party who provided the content. AboutD is
not responsible for the accuracy, propriety, lawfulness or truthfulness of
any Third Party Content, and shall not be liable to any User in connection
with such User's reliance of such Third Party Content. In addition, AboutD
is not responsible for the conduct of any User's activities on the Site,
and shall not be liable to any person in connection with any damage
suffered by any person as a result of such User's conduct. |
| 3.3 | AboutD may allow Users access to content, products or services offered
by third parties through hyperlinks (in the form of word link, banners,
channels or otherwise) to such third party's web site. You are cautioned
to read such sites' terms and conditions and/or privacy policies before
using such sites in order to be aware of the terms and conditions of your
use of such sites. User acknowledges that AboutD has no control over such
third party's web site, does not monitor such sites, and AboutD shall not
be responsible or liable to anyone for such web site, or any content,
products or services made available on such web site. |
| 3.4 | Messages or information sent by a User through communication systems
provided by the Site, or through emails, fax or letters to addressees
obtained from the Site, shall not contain any of the materials described
in the provisions of Section 5.5 below. |
| 3.5 | AboutD reserves the right to limit, deny or create different access to
the Site and its features with respect to different Users, or to change
any of the features or introduce new features without prior notice. Each
User acknowledges that inability to use the Site wholly or partially for
whatever reason may have adverse effects on its business. Each User hereby
agrees that in no event shall AboutD be liable to the User or any third
parties for any inability to use the Site (whether due to disruption,
limited access, changes to or termination of any features on the Site or
otherwise), any delays, errors or omissions with respect to any
communications or transmission, or any damage (direct, indirect,
consequential or otherwise) arising from the use of or inability to use
the Site or any of its features. |
| 3.6 | No User shall undertake any scheme to undermine the integrity of the
computer systems or networks used by AboutD and/or any other User and no
User shall attempt to gain unauthorized access to such computer systems or
networks. |
| 3.7 | We urge that you read AboutD's Privacy Policy which governs the protection and use of each User's information in AboutD's possession. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that AboutD may change the Privacy Policy from time to time provided that AboutD shall make available the updated version of the Privacy Policy on the Site at all times. Your continuation of use of the Site shall be deemed to be your acceptance of the Privacy Policy which is then displayed on the Site at the time of such use. |
| 4.1 | Each User who has filled out an on-line registration form on the Site
by giving its information (such as name, address, telephone and fax
number, email address, details of its business, etc.) is a registered user
of AboutD (a "Registered User"). AboutD will establish an account
("Account") for each Registered User and each Registered User will
be assigned a user alias ("User ID") and password ("Password")
for log-in access to its own Account. |
| 4.2 | AboutD may assign a web-based email account with limited storage space
for the User to send or receive email (the "Email Account"). The
User shall be responsible for all users and the content of all the
messages communicated through the Email Account, as well as the
consequences of any such message. |
| 4.3 | If the Registered User is a business entity, you represent that (a)
you have the authority to bind the entity to this Agreement; (b) the
address you use when registering is the principal place of business of
such business entity; and (c) all other information submitted to AboutD
during the registration process is true, accurate, current and complete.
For purposes of this provision, a branch or representative office will not
be considered a separate entity and its principal place of business will
be deemed to be that of its head office. |
| 4.4 | By becoming a Registered User, you consent to the inclusion of your
personal data in our Global Buyer Database and authorize AboutD to share
such information with other Users. |
| 4.5 | AboutD may suspend or terminate a Registered User's Account or Email
Account at any time by giving no less than 24-hour notice to the
Registered User; provided, however, that notice is not required for such
termination if (a) in AboutD's determination, there is any breach of the
provisions of this Agreement by the Registered User; or (b) AboutD has
reasonable grounds to suspect that such information provided by a
Registered User is untrue, inaccurate or is not current or complete, or
(c) AboutD believes that the Registered User's actions may cause financial
loss or legal liability to such Registered User, AboutD's other Users, or
AboutD or its affiliates. |
| 4.6 | The Registered User shall not use the Email Account for junk mail,
chain letters or spamming or the transmission of any unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or otherwise
objectionable material or any kind or nature. Further, the Registered User
shall not use the Email Account to publish, distribute, transmit or
circulate any unsolicited advertising or promotional information or any
content that is obscene, indecent, seditious, offensive, defamatory,
threatening, or which incites or results in causing racial hatred,
discrimination, menace or breach of confidence. |
| 4.7 | A Registered User may not sell, attempt to sell, offer to sell, give,
assign or otherwise transfer an Account, User ID or Password to a third
party without the prior written consent of AboutD. AboutD may suspend or
terminate the Account of a Registered User or the transferee of a
Registered User in the event of a sale, offer to sell, gift, assignment or
transfer in violation of this Section. |
| 4.8 | Notwithstanding Section 4.1 above, AboutD may refuse registration and deny the issuance of an Account and/or Email Account and associated User ID and Password to any User for whatever reason. |
| 5.1 | You must be a Registered User in order to post information on the Site
using the self-help submit and edit tools provided through the Site. Your
status as a Registered User is governed by the provisions of Section 4
above. |
||||||||||||||||||||||||
| 5.2 | No sales agency relationship is created between any User and AboutD,
our affiliates, directors, officers or employees by virtue of AboutD's
display of any of the User's information on the Site. |
||||||||||||||||||||||||
| 5.3 | Each User hereby represents, warrants and agrees to (a) provide AboutD
with true, accurate, current and complete information to be displayed on
the Site and (b) maintain and promptly amend all information to keep it
true, accurate, current and complete. Each User hereby grants an
irrevocable, perpetual, worldwide and royalty-free, sub licensable
(through multiple tiers) license to AboutD to display and use all
information provided by such User in accordance with the purposes set
forth in this Agreement and to exercise the copyright, publicity, and
database rights you have in such material or information, in any media now
known or not currently known. |
||||||||||||||||||||||||
| 5.4 | Each User hereby represents, warrants and agrees that it has obtained
all necessary third party copyright, trademark trade secret or patent
licenses and permissions, or such other licenses or permissions as may be
required in connection with any other personal or proprietary rights of
any third party (including but not limited to rights of personality and
rights of privacy), for any material or information it posts on the Site
or provides to AboutD or authorizes AboutD to display. (Third party
copyrights, trademarks, trade secret rights, patents and other personal or
proprietary rights affecting or relating to material or information
displayed on the Site (including but not limited to rights of personality
and rights of privacy), or affecting or relating to products that are
offered or displayed on the Site, are hereafter referred to as "Third
Party Rights.") Each User hereby represents, warrants and agrees that
it shall be solely responsible for ensuring that any material or
information it posts on the Site or provides to AboutD or authorizes
AboutD to display does not, and that the products represented thereby do
not, violate any Third Party Rights, or is posted with the permission of
the owner (s) of such rights. Each User hereby represents, warrants and
agrees that it has the right to manufacture, offer, sell, import and
distribute the products it offers and displays on the Site, and that such
manufacture, offer, sale, importation and/or distribution of those
products violates no Third Party Rights. |
||||||||||||||||||||||||
| 5.5 | Each User hereby represents, warrants and agrees that information
submitted to AboutD for display on the Site shall not:
|
||||||||||||||||||||||||
| 5.6 | AboutD reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject AboutD to liability, violates this Agreement or is otherwise found inappropriate in AboutD's opinion. AboutD reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, AboutD may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and AboutD shall not be liable for damages or results thereof and User agrees not to bring any action or claim against AboutD for such disclosure. In connection with any of the foregoing, AboutD may suspend or terminate the Account of any User as AboutD deems appropriate in its sole discretion. User agrees that AboutD shall have no liability to User, including no liability for consequential or any other damages, in the event AboutD takes any of the actions mentioned in this Section, and that User agrees to bear the risk that AboutD may take such actions. |
| 6.1 | Through the Site, AboutD provides an electronic web-based platform for
exchanging information between buyers and suppliers of products and
services. AboutD does not represent the seller nor the buyer in specific
transactions and does not charge any commissions from completing any
transactions. As a result, AboutD does not control and is not liable to or
responsible for the quality, safety, lawfulness or availability of the
products or services offered for sale on the Site or the ability of the
suppliers to complete a sale or the ability of buyers to complete a
purchase. |
| 6.2 | Users are hereby made aware that there may be risks of dealing with
people acting under false pretences. AboutD uses several techniques to
verify the accuracy of the information our users provide us when they
register on the Site. However, because user verification on the Internet
is difficult, AboutD cannot and does not confirm each User's purported
identity (including, without limitation, TrustPass Members and China Gold
Suppliers). We encourage you to use the various tools available on the
Site, as well as common sense, to evaluate with whom you are dealing. |
| 6.3 | Each User acknowledges that it is fully assuming the risks of purchase
and sale transactions when using the Site to conduct transactions, and
that it is fully assuming the risks of liability or harm of any kind in
connection with subsequent activity of any kind relating to products or
services that are the subject of transactions using the Site. Such risks
shall include, but are not limited to, mis-representation of products and
services, fraudulent schemes, unsatisfactory quality, failure to meet
specifications, defective or dangerous products, unlawful products, delay
or default in delivery or payment, cost mis-calculations, breach of
warranty, breach of contract and transportation accidents. Such risks also
include the risks that the manufacture, importation, distribution, offer,
display, purchase, sale and/or use of products or services offered or
displayed on the Site may violate or may be asserted to violate Third
Party Rights, and the risk that User may incur costs of defense or other
costs in connection with third parties' assertion of Third Party Rights,
or in connection with any claims by any party that they are entitled to
defense or indemnification in relation to assertions of rights, demands or
claims by Third Party Rights claimants. Such risks also include the risks
that consumers, other purchasers, end-users of products or others claiming
to have suffered injuries or harms relating to product originally obtained
by Users of the Site as a result of purchase and sale transactions in
connection with using the Site may suffer harms and/or assert claims
arising from their use of such products. All of the foregoing risks are
hereafter referred to as "Transaction Risks.". Each User agrees
that AboutD shall not be liable or responsible for any damages,
liabilities, costs, harms, inconveniences, business disruptions or
expenditures of any kind that may arise a result of or in connection with
any Transaction Risks. |
| 6.4 | Users are solely responsible for all of the terms and conditions of
the transactions conducted on, through or as a result of use of the Site,
including, without limitation, terms regarding payment, returns,
warranties, shipping, insurance, fees, taxes, title, licenses, fines,
permits, handling, transportation and storage. |
| 6.5 | In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify AboutD (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. |
| 7.1 | THE FEATURES AND SERVICES ON THE ABOUTD SITE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS, AND ABOUTD HEREBY EXPRESSLY DISCLAIMS ANY AND
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY,
RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH
WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY
EXCLUDED. |
||||||||||||
| 7.2 | ABOUTD MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY,
ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR
CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. ABOUTD
DOES NOT REPRESENT OR WARRANTY THAT THE MANUFACTURE, IMPORTATION,
DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR
SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY
RIGHTS; AND ABOUTD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE ABOUTD SITE. |
||||||||||||
| 7.3 | Any material downloaded or otherwise obtained through the Site is done
at each User's sole discretion and risk and each User is solely
responsible for any damage to its computer system or loss of data that may
result from the download of any such material. No advice or information,
whether oral or written, obtained by any User from AboutD or through or
from the Site shall create any warranty not expressly stated herein. |
||||||||||||
| 7.4 | Under no circumstances shall AboutD be held liable for an delay or
failure or disruption of the content or services delivered through the
Site resulting directly or indirectly from acts of nature, forces or
causes beyond its reasonable control, including without limitation,
Internet failures, computer, telecommunications or any other equipment
failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires,
flood, storms, explosions, Acts of God, war, governmental actions, orders
of domestic or foreign courts or tribunals or non-performance of third
parties. |
||||||||||||
| 7.5 | Each User hereby agrees to indemnify and save AboutD, its affiliates,
directors, officers and employees harmless, from any and all losses,
claims, liabilities (including legal costs on a full indemnity basis)
which may arise from such User's use of the Site (including but not
limited to the display of such User's information on the Site) or from its
breach of any of the terms and conditions of this Agreement. Each User
hereby further agrees to indemnify and save AboutD, its affiliates,
directors, officers and employees harmless, from any and all losses,
claims, liabilities (including legal costs on a full indemnity basis)
which may arise from User's breach of any representations and warranties
made by User to AboutD, including but not limited to those set forth in
Sections 5.3, 5.4 and 5.5 above. Each User hereby further agrees to
indemnify and save AboutD, its affiliates, directors, officers and
employees harmless, from any and all losses, claims, liabilities
(including legal costs on a full indemnity basis) which may arise,
directly or indirectly, as a result of any claims asserted by Third Party
Rights claimants or other third parties relating to products offered or
displayed on the Site. Each User hereby further agrees that AboutD is not
responsible and shall have no liability to it, for any material posted by
others, including defamatory, offensive or illicit material and that the
risk of damages from such material rests entirely with each User. AboutD
reserves the right; at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in
which event you shall cooperate with AboutD in asserting any available
defenses. |
||||||||||||
| 7.6 | AboutD shall not be liable for any special, direct, indirect,
punitive, incidental or consequential damages or any damages whatsoever
(including but not limited to damages for loss of profits or savings,
business interruption, loss of information), whether in contract,
negligence, tort, strict liability or otherwise or any other damages
resulting from any of the following:
|
| 8.1 | AboutD is the sole owner or lawful licensee of all the rights to the
Site and the AboutD Content. The Site and AboutD Content embody trade
secrets and intellectual property rights protected under worldwide
copyright and other laws. All title, ownership and intellectual property
rights in the Site and AboutD Content shall remain with AboutD, its
affiliates or licensors of the AboutD Content, as the case may be. All
rights not otherwise claimed under this Agreement or by AboutD are hereby
reserved. |
| 8.2 | "ABOUTD", "ABOUTD.COM," "TRUST PASS" and related icons and logos are registered trademarks or trademarks or service marks of AboutD.com Corporation in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. |
| 9.1 | All notices or demands to or upon AboutD shall be effective if in
writing and shall be duly made when sent to AboutD in the following
manner: to AboutD.com E-3 Industrial Estate Kota-324007 India. |
| 9.2 | All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to AboutD, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when (a) AboutD is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or (b) immediately upon AboutD's posting such notice on an area of the Site that is publicly accessible without charge. |
| 101 | Subject to any additional agreements
relating to TrustPass Services, this Agreement and the Privacy Policy
constitute the entire agreement between the User and AboutD with respect
to access to and use of the Site, superseding any prior written or oral
agreements in relation to the same subject matter herein. |
| 10.2 | AboutD and the User are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement. |
| 10.3 | If any provision herein is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced. |
| 10.4 | Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section. |
| 10.5 | AboutD's failure to enforce any right or failure to act with respect to
any breach by a User under these terms and conditions will not waive that
right nor waives AboutD's right to act with respect with subsequent or
similar breaches. |
| 10.6 | AboutD shall have the right to assign its obligations and duties in this
Agreement and in any agreement relating to Premium Services to any person or
entity. |
| 10.7 | This Agreement shall be governed by the laws of the Republic of India.
("India.") without regard to its conflict of law provisions. The
parties to this Agreement hereby submit to the exclusive jurisdiction of the
courts of Kota city of Rajasthan. |
|
Arts | Business | Computers | Games and Sports | Health | Home | Kids and Teens | News | Recreation | Reference | Regional | Science |Shopping | Society |
|
Business Directory and
Yellow Pages of Foreign and Domestic |
|
Home | About Us | Contact Us | Privacy Policy | Terms Of Use | Copyright Policy | Aboutd Web Site Award | Submit URL |
Business
Resources
for Selling, Buying, Exports and Imports
Group Sites: 4eit.com | ArtCliff.co.uk | 2itb.com
