INTRODUCTION
This Agreement contains the complete terms and conditions that apply to
you in joining, buying, bidding, selling and all other activities you will
make in our website. By using or shopping from this Web site, you agree to
be bound by its terms of use and shall comply thereof. This Agreement
describes and encompasses the entire agreement between us and you, and
supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content and
computer programs provided by or through the Site, and the subject matter
of this Agreement. Amendments to this agreement can be made and effected
by us from time to time without specific notice to you end. Agreement
posted on the Site reflects the latest agreement and you should carefully
review the same before you use our site.
Use of the site & PROHIBITIONS:
The Site allows you to post offers, sell, advertise, bid and shop online.
However, you are prohibited to do the following acts, to wit: (a) use our
sites, including its services and or tools if you are not able to form
legally binding contracts, are under the age of 18, or are temporarily or
indefinitely suspended from using our sites, services, or tools (b)
posting of an items in inappropriate category or areas on our sites and
services; (c) collecting information about users' personal information;
(d) maneuvering the price of any item or interfere with other users'
listings; (f) post false, inaccurate, misleading, defamatory, or libelous
content; (g) take any action that may damage the rating system.
For you to complete the sign-up process in our site, you must provide your
full legal name, current address, a valid email address, and any other
information needed in order to complete the signup process. You must
qualify that you are 18 years or older and must be responsible for keeping
your password secure and be responsible for all activities and contents
that are uploaded under your account. You must not transmit any worms or
viruses or any code of a destructive nature.
Editing, Deleting and Modification:
We may edit, delete or modify any of the terms and conditions contained in
this Agreement, at any time and in our sole discretion, by posting a
notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR
PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE
NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF
THE CHANGE.
Acknowledgment of rights:
You hereby acknowledge that all rights, titles and interests, including
but not limited to rights covered by the Intellectual Property Rights, in
and to the site, and that You will not acquire any right, title, or
interest in or to the Program except as expressly set forth in this
Agreement. You will not modify, adapt, translate, prepare derivative works
from, decompile, reverse engineer, disassemble or otherwise attempt to
derive source code from any of our services, software, or documentation,
or create or attempt to create a substitute or similar service or product
through use of or access to the Program or proprietary information related
thereto.
Fraud:
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is
detected TimeshareMarketplace.com shall resort al remedies available to
us, and you shall be responsible for all costs and legal fees arising from
these fraudulent activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY:
We will not be liable for indirect, special, or consequential damages, or
any loss of revenue, profits, or data, arising in connection with this
Agreement or the Program, even if we have been advised of the possibility
of such damages. Further, our aggregate liability arising with respect to
this Agreement and the Program will not exceed USD2,000 or the total price
of the subject products paid or payable to you whichever is less.
We make no express or implied warranties or representations with respect
to the Program or any products sold and offered in our website (including,
without limitation, warranties of fitness, merchantability, non-
infringement, or any implied warranties arising out of a course of
performance, dealing, or trade usage). In addition, we make no
representation that the operation of our site will be uninterrupted or
error-free, and we will not be liable for the consequences of any
interruptions or errors. This site and its information, contents,
materials, products and services are provided on an "as is" and "as
available" basis. You and understand and agree that your use of this site
is at your own risk.
Confidentiality:
You agree not to disclose information you obtain from us and or from our
clients, advertisers and suppliers. All information submitted to by an
end-user customer pursuant to a Program is proprietary information of
TimeshareMarketplace.com. Such customer information is confidential and
may not be disclosed. Publisher agrees not to reproduce, disseminate,
sell, distribute or commercially exploit any such proprietary information
in any manner.
NON-WAIVER:
Failure of the TimeshareMarketplace.com to insist upon strict performance
of any of the terms, conditions and covenants hereof shall not be deemed a
relinquishment or waiver of any rights or remedy that the we may have, nor
shall it be construed as a waiver of any subsequent breach of the terms,
conditions or covenants hereof, which terms, conditions and covenants
shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be
deemed a waiver of any subsequent or prior breach of the same or any other
provision.
MISCELLANEOUS:
This Agreement shall be governed by and construed in accordance with the
substantive laws of USA, without any reference to conflict-of-laws
principles.
Any dispute, controversy or difference which may arise between the parties
out of, in relation to or in connection with this Agreement is hereby
irrevocably submitted to the exclusive jurisdiction of the courts of USA,
to the exclusion of any other courts without giving effect to its conflict
of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject
matter hereof is embodied on this agreement and no other agreement
relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to
anybody, and any such attempt may result in termination of this Agreement,
without liability to us. However, we may assign this Agreement to any
person at any time without notice.
In the event that any provision of these Terms and Conditions is found
invalid or unenforceable pursuant to any judicial decree or decision, such
provision shall be deemed to apply only to the maximum extent permitted by
law, and the remainder of these Terms and Conditions shall remain valid
and enforceable according to its terms.