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1. INTRODUCTION AND DEFINITIONS
For the purpose of these TOU and the Agreement – The term “Applicable Laws” shall mean the laws of the state of New York, Children’s Online Privacy Protection Rule («COPPA»), California Consumer Privacy Act and any other applicable federal, state and foreign laws or regulations.
The term “Confidential Information” shall mean any information that includes technical information or plans concerning services provided by the Social Platform, services provided under this Agreement or services provided under these TOU and information disclosed by one party to the other party that is confidential or should reasonably be assumed to be confidential under the circumstances.
Confidential Information does not include information that is:
- generally known to the public through no fault of the Social Platform;
- rightfully known by the receiving party at the time of disclosure without an obligation of confidentiality;
- independently developed by the receiving party without the use of the disclosing party’s information; and
- rightfully obtained by the receiving party from a third-party that has no duty of confidentiality to the effected party.
The term “Content” shall mean any advertisement, graphical, textual, and/or auditory media which may include text, data, information, photos, images, graphics, audio or video Posted by the User on Sites.
The term “Post” shall mean the Content that the User uploads, lists, posts, publishes, transmits, displays, or causes to be displayed on the Sites.
The term “Social Platform’s App” shall mean Social Platform’s proprietary technologies designed to run on mobile devices.
The term “Sites” shall mean Bazar.club, Bazar Club’s App(s), paper or digital based publications, and any other Bazar Club’s affiliate(s) displaying these TOU.
The terms “User” and “Users” shall mean any person(s) or entity(s) who visit, use or access any of the Sites, catalogues or other products or releases of Bazar Club.
2.1 Bazar Club is a social platform that unites hundreds of thousands of Users to fulfil their unique needs in various areas and aspects of their lives. These TOU apply to all the Bazar Club’s services provided by the Social Platform’s through Sites. Via the Sites, the Social Platform provides the service of an online social market platform where Users can Post Content for purchase and sale of property and other items, for employment and employment seeking opportunities, for rent and lease of property opportunities, for seeking and providing services. Additionally, the Social Platform provides an opportunity for Users to connect with each other and build communities.
2.2 In using the Social Platform’s online social market platform services, Users may choose any goods or services of their personal choice and enter into contracts between themselves; please note, however, that the Social Platform is not a party to any such contract. As anywhere on the internet, there are risks that Users must assume when dealing with other Users, and these risks are borne only by the Users and not the Social Platform. Each User is solely responsible for the evaluation of, and the decision to Post any Content or to transact with any other User, and will be liable for all the actions in connection with such decisions and transactions.
2.3 Subject to these TOU, the User grants a perpetual, non-exclusive, irrevocable, unlimited, worldwide, sublicensable license for the Social Platform to use, adapt, reformat, recompile, communicate by telecommunication, truncate, edit, modify, and make derivative works from the Content the User Posts on the Social Platform.
2.4 Subject to these TOU, the Social Platform grants Users a non-exclusive, nontransferable, non-assignable, revocable right to access the Sites. The User agrees not to use, provide software or services that interact or interoperate with the Social Platform for downloading, uploading, creating an account, accessing an account, using an account, posting, reporting, emailing, searching, or mobile use. Additionally, the User agrees not to copy or collect any of the Social Platform’s Content via robots, spiders, scripts, scrapers, crawlers, or any other automated or manual means. The User is prohibited from displaying any of the Social Platform’s data or Content without prior written consent.
2.5 Any User who wishes to use the Social Platform’s App must have a compatible mobile device. The Social Platform does not warrant that any of the Social Platform’s App(s) are designed to run on any specific mobile device and that any Social Platform’s App will be compatible with the User’s mobile device. The User may use mobile data in connection with the Social Platform’s App and may incur additional charges from his or her wireless provider for using the Social Platform’s App. The User agree that he or she is solely responsible for any applicable charges. The Social Platform may update any Social Platform’s App and may automatically electronically update the version of any Social Platform’s App that the User has installed on his or her mobile device. The User consents to all automatic updates, and understands that these TOU will apply to all updated versions of the Social Platform’s App.
2.6 In connection with the services provided by the Sites, the Social Platform may ask for the User’s consent to contact the User by telephone and/or Short Message Service (SMS). By granting such consent, the User authorize the Social Platform to contact the User by telephone at the number(s) the User has provided. The User acknowledges that the Social Platform may contact the User using an automatic telephone dialing system or an artificial or prerecorded voice. Further, the User agrees that the Social Planform may monitor or record such telephone conversations, but is not obligated to morning or record any telephone conversations, with the User for quality control purposes, for training propose and for the Social Platform’s own protection. The User may revoke such consent to be contacted by telephone and/or Short Message Service (SMS) by emailing[email protected] and including the wording «Revocation of Telephone Consent» in the subject line.
2.7 All rights not expressly granted in these TOU and the Agreement are reserved by the User and the Social Platform. All rights, titles and interests (including all intellectual property rights) in the Content that is fully or partially created, provided or licensed by the Social Platform for the use by the User are retained by the Social Platform.
3. REGISTRATION AND USE OF SITES
3.1 If a User agrees to these TOU, and is of sufficient age and capacity under Applicable Laws to use the Sites and be bound by the TOU, or the use of the Sites is on behalf of a business or corporate entity where the User has the proper capacity under Applicable Law to bind the business to these TOU, the Social Platform undertakes to give the User a login name and password to access the Sites and services provided by the Social Platform upon User’s successful registration with the Sites. The Social Network may suspend the User’s access to the Sites if the User violates any of the provisions of these TOU or any provisions contained in any and all Purchase Order(s). The Sites are not available to temporarily or permanently suspended Users. The Social Platforms reserves the right to refuse access to the Sites, or terminate the account of any User, at its sole discretion and for any reason or no reason at all.
3.2 The User is only entitled and authorized to have one single login name. The User needs to obtain prior authorization from the Social Platform to attain another login name beyond the first login name used to register the original account on the Sites. Additionally, the User may not engage in buying or selling of Site’s accounts. The User shall provide the Social Platform with accurate, complete, and current information. Failure to provide such accurate information shall constitute a breach of these TOU which may result in immediate termination of the User’s access to the Sites.
3.3 The User understands and agrees that he or she is solely responsible for actions taken when accessing or using the Sites, and thus responsible for all activity and payments owed under his or her account. The User bears the responsible for maintaining the confidentiality of his or her account and password and will be fully responsible for any and all activities that occur under the account unless the User immediately notifies the Social Platform of any unauthorized use of his or her account or any other breach of account security. The Social Platform in no way will be liable for any loss or damage arising from User’s failure to comply with this Section.
3.4 The User is solely responsible for all Content the User Posts or causes to be displayed on the Sites. When using or accessing Sites, a User may not disseminate Content to or with other Users that is misleading, unsolicited, or unlawful. The User may not spam any other User with email, junk mail, fraud, schemes, or other misleading, unsolicited, or unlawful communication that violate these TOU. The User also may not to transmit or upload viruses, worms, or any other software or data which might reasonably interfere with the proper operations of the Sites. Lastly, the User may not abuse the Sites reporting process.
3.5 When the User registers an account with the Social Platform, the User provides his or her email address and consents to the Social Platform using the email address to send the User emails relating to services offered by the Sites and other notices, including any notices required by law, in lieu of communication by postal mail. The Social Platform may also use the User’s email address to send other messages, such as changes to features of the Sites, marketing communications, and special offers to the extent permitted by the Applicable Law. If the User does not want to receive such email from the Social Platform, the User may request to be opted-out by emailing: [email protected] and including the wording «Revocation of Email Consent». Please note, that while the User can opt-out of marketing messages and email alerts, the User may not opt-out of service-related communications, including those related to security, legal notices, the User’s account, the User’s use of services provided by the Sites, billing, and other transactional purposes unless the User deactivates his or her account.
3.6 The User acknowledges that the Social Platform may establish policies and practices concerning the use of the Sites, including policies that may delete or remove Content or data, terminate inactive accounts, and any other policies and practices in the Social Platform’s business interest.
4. CONTENT AND POSTING REQUIREMENTS
4.1 The Social Platform reserves the right to review, approve and reject, in its absolute discretion, the Content Posted by the User on the Sites if the Content violates these TOU, Agreement, Applicable Laws, or any terms of an applicable Purchase Order(s). The Users agrees that the Social Platform may moderate, in its sole discretion, the User’s access and use of Sites by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating User’s access, Content, license, and/or account. Furthermore, the User agrees not to bypass any moderating efforts carried out by the Social Platform. The Social Platform is in no way liable for moderating or not moderating the Sites. The Social Platform may investigate, take legal action, or perform any other action it deems necessary or warranted in managing the Sites, Content, or Postings, without limitation, including preservation of such information for investigative purposes.
4.2 The Site’s User represents and warrants that:
- the Content was written and designed by or under the direction of the User;
- the User is authorized to use all parts of the Content including all image(s) contained within the Content;
- the User has approved all words of the Content;
- the Content’s headlines accurately reflect the tone and subject matter of the Content;
- the User will not disclose or distribute any information obtained from the Sites, whether directly or through third parties (such as search engines), without the consent of the Social Platform; and
- the Content does not violate any rights of third parties.
4.3 As part of the Agreement, these TOU, and the User’s use of the Sites, the User may not facilitate in any way the link or use of the Sites in connection with:
- any illegal activity or activity that violates any of the laws of the United States or any state within the United States;
- the display of adult, obscene, profane, pornographic, defamatory, libelous, abusive, or illegal content;
- removal, obscuring, or change of any copyright, trademark, hyperlink, or other proprietary rights notices contained within the Sites;
- the promotion of racism, violence, hate or discrimination;
- the sale of firearms, the promotion of terrorism, the sale of illegal drugs, infringement of any minor’s rights, and the promotion of criminal activities;
- inflammatory political or religious content;
- interference in any way with the operation of the Sites or with anyone else’s use of the Sites;
- collection of any unauthorized information including any information of any other Sites’ User;
- content that contains or promotes activities that are understood or seen as internet abuse including but not limited to the use of spyware, use of corrupted file(s), virus(es), or the use of any other materials that are intended to damage or render inoperable software or hardware;
- infringement, promotion of infringement or violation of any third-party’s intellectual property rights, any other third-party’s rights or Confidential Information; and
- violation of the United States economic sanctions or trade restrictions.
The User of Sites, may not Post Content, items or services that are:
- false, misleading, deceptive, or fraudulent such as but not limited to bait and switch Content and keyword spam;
- related to lottery or gambling such as but not limited to lottery tickets, raffle tickets, sweepstakes entries, slot machines and other gambling items;
- implying sexual or adult activity including items or Content displaying sexual activities, sexually explicit adult films, sexually explicit video games with a rating of Adults Only 18+, sexually explicit anime, comics, books, animation, or manga, and sexually explicit magazines that show display(s) of sexual activity;
- related in any way to exploitation or endangerment of minors such as but not limited to child pornography;
- offers, solicitation, or facilitation of illegal prostitution and sex trafficking;
- weapons, guns, firearms, BB guns, air riles, pellet guns, stun gun, spear guns, ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, explosives, and components of the aforementioned items;
- containing identification or Confidential information, whether User’s or anyone else’s, such as social security number, passport number, national identification number, insurance number, driver’s license number, alien registration number, or any other similar number, code, or identifier;
- food stamps, items or services derived from governmental assistance, official licenses, police insignia, and government documents;
- deployed or rebuilt airbags and airbag covers, recalled airbags, oxygen sensor simulators, malfunction indicator light eliminators and anything that indicates it will defeat, bypass, or shut down emission control devices;
- discriminatory in nature under the Fair Housing Act which protects from discrimination when renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities based on the person’s race, color, national origin, religion, sex, familial status or disability;
- directly or indirectly discriminatory in nature under the laws enforced by the United States Equal Employment Opportunity Commission which protects from employment discrimination based on person’s race, color, religion, sex, gender identity, sexual orientation, pregnancy, national origin, age, disability or genetic information;
- promoting or relating to hate speech, bullying and harassment, suicide and self-injury, and violence;
- recalled items, hazardous materials, prescription drugs, medical devices, controlled substances, paraphernalia relating to controlled substances, alcohol, tobacco, unpackaged or adulterated food or cosmetics, stolen property, property with serial number removed or altered in any way, burglary tools, counterfeit items, replicated items, pirated items, tickets or gift cards with restricted transfer and items that come from endangered, imperiled or protected species and any parts thereof.
4.5 The User of Sites may not engage in the following behavior when Posting including:
- manipulating of search results to gain unfair visibility of a Post;
- using keywords that are not directly related to the Content or the information of the Post as all the words in the Post need to be accurate and refer only to the Content;
- making comparisons with other products, Content, or service;
- promotion of other Post(s);
- posting Posts with the primary purpose of driving traffic to a website;
- and offering, promoting, or linking to unsolicited products or services.
4.6 The Social Platform is not responsible for, and the User may not rely upon, the accuracy of any Content, information or advice Posted on the Sites as this Content and Posts are provided for educational and entertainment purposes only. The User should consult with a competent professional in the field (such as but not limited to attorney, accountant, medical professional, architect, real estate agent, etc.) prior to acting on any information found on the Sites.
4.7 The Social Platform reserves the right to disclose all User’s Content, Posts, other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Sites, to protect itself, its affiliates, its partners, its User and its visitors, and to comply with legal obligations or governmental requests under Applicable Law.
5. DISCLAIMER & LIABILITY
5.1 IN NO EVENT WILL THE SOCIAL PLATOFRM OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TOU OR USER’S USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SITES, CONTENT OR POSTS ON THE SITES, WHETHER BASED ON:
- BREACH OF CONTRACT;
- (B) BREACH OF WARRANTY;
- (C) NEGLIGENCE;
- OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF THE SOCIAL PLATFORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2 To the full extent under Applicable Law, THE SOCIAL PLATFORM AND ANY OF ITS AFFILIATES:
- make no promises, warranties, or representations as to the SITES, POSTS and CONTENT, including its completeness, accuracy, availability, timeliness, propriety, security or reliability;
- (b) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice;
- and (c) disclaim any liability or responsibility for acts, omissions, or conduct of any USER or any party in connection with the use of SITES.
5.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOCIAL PLATFORM ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR POSTS; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO OR USE OF THE SITES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITES AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR POSTS, OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITES; OR (VII) USER’S CONTENT AND POSTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
5.4 THE AGGREGATE LIABILITY OF THE SOCIAL PLATFORM AND ANY OF ITS AFFILIATES TO THE USER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, ANY PORTION OF THE SITES OR OTHERWISE UNDER THESE TOU, WHETHER UNDER CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (1) THE AMOUNT THE USER HAD PAID TO THE SOCIAL PLATFORM IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIM(S); OR (2) $250. THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS UNDER Applicable Law. EACH PROVISION OF THESE TOU THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TOU. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
The User, to the fullest extent permissible pursuant to Applicable Laws, shall defend, indemnify and hold harmless the Social Platform and its agents, affiliates, subsidiaries, directors, officers, employees, contractors, and partners against any and all claims, causes of actions, damages, demands or losses resulting from the use of the Sites, from the services provided by the Social Platform under the Agreement, from services provided by the Social Platform under these TOU, and from violation of any third-party rights or any Applicable Laws. In the event that any such legal or non-legal claim is commenced, the User shall:
- provide prompt written notice to the Social Platform of any such claim (failure to provide such prompt notice shall not relieve the indemnifying party of its indemnification obligations);
- have the sole control over the defense(s) or settlement(s) in such a legal proceeding (except the indemnifying party may not enter into any settlement that may adversely affect the rights or obligations of the Social Platform without prior written consent);
- cooperate with the Social Platform in the investigation and defense of any such claim if the Social Platform requests such cooperation; and
- allow the Social Platform the right to participate in all defense(s) and all relevant legal proceedings with counsel of its own choosing.
7. CHOICE OF LAW
7.1 These TOU and the Agreement shall be governed by and construed in accordance with the laws and principles of the State of New York, without giving effect to any choice or conflict of law provision or rule. Any dispute, legal action or proceeding arising under or in connection with these TOUT or the Agreement shall be brought exclusively in the federal or state courts located in the state, Monroe county and city of Rochester, and the User and the Social Platform hereby irrevocably consent to personal jurisdiction and venue thereof, and waives any right such party may have had to object to such venue on the basis of lack of personal jurisdiction or to transfer venue of any such action or proceeding, even if such other venue may be more convenient in any way.