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User Agreement
USER AGREEMENT
Liquidate Mate UK ( the "Company" ), operator of domain and sub-domain www.thebiggestclearance.com and other The Biggest Clearance branded websites and applications ( together the "Site" ), provides access to its services ( "Service" ) to individuals, sole proprietors, partnerships, businesses and corporations ( "User" or "You", or in the appropriate circumstances "Seller" or "Buyer" ), subjects to the following terms and conditions ( the "User Agreement" ).
As a condition of using the Site and Services, the Company requires that you review and accept this User Agreement. You are contracting with Liquidate Mate UK, Office 36 / 88-90 Hatton Garden, London, EC1N 8PN, United Kingdom
You are not permitted to use the Site if you are under the age of 18 or you are not able to form legally binding contracts.
As a condition of using the Site and Services, the Company requires that you review and accept this User Agreement. You should read through all the terms carefully. The User Agreement constitutes a legally binding agreement between you and the site and the company.
BY REGISTERING TO USE THE SERVICE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ACCEPT THIS USER AGREEMENT, YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICES OR SITE.
1. COMPANY OBJECTIVE AND SERVICES
1.1. Company Objective
The Company's objective is to provide motivated Sellers with an end-to-end solution to convert surplus assets into cash efficiently and reliably, and to provide Buyers with a venue to source surplus goods, on a global scale, at attractive prices.
1.2. Using information about other users, Confidentiality & Security
The Company has developed specific tools that enable Buyers and Sellers, registered with thebiggestclearance.com, to exchange various information, such as price details, company or personal information, User ID, email address, and other contact information, postal information and financial information. Site enables users to share personal and financial information in order to complete transactions.
By signing for use of the Sites services and agreement to this User Agreement you are giving us an agreement to publish the supplied information for other registered users in order to ensure safe transactions throughout the Site.
We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. In all cases, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:
* The Biggest Clearance Site-transaction-related purposes that are not unsolicited commercial communications
* using services offered through the Site
1.3 Processing Payment Information
The Company guarantees that banking or credit card information will be processed by an independent and secure third party. All payments are made through a secure socket layer (SSL), a security protocol that provides data encryption, server authentication, and message integrity for connections to the Internet, to ensure that the data you provide us is not transmitted over the Internet unencrypted and cannot be viewed by unauthorized individuals.
2. USER OBLIGATIONS
2.1 Registration
You are not permitted to use the site if you are under the age of 18 or you are not able to form legally binding contracts. The Company reserves the right to review and verify the information provided in your registration application and to, at its sole discretion, postpone or reject your registration approval. When the Company has notified a User that their registration form has been approved, the User will become a "Registered User" and shall be permitted to use the Site and Services. The Company reserves the right, at its sole discretion, to review the status and compliance of any User with the terms of this User Agreement and to suspend or terminate a User's use of the Site and Services without notice.
2.2. User Password
You agree that you are solely responsible for preserving the confidentiality of your username and your password and all activities and charges related to the use of your password, including unauthorized use. Username may not be profane, obscene, or violate any website guidelines. Username may not be an email address or web address (URL), or represent an email address or web address. You agree not to furnish your username, password or other information to any other party for use of the Site and Services. You agree to notify the Company immediately of any unauthorized use of your personal password or username and any other breach of security regarding the Services.
2.3. User Information
Each User agrees that all of the information provided in their registration application is timely, true and correct, including, but not limited to, the User's legal name, address, phone number, fax number, e-mail address, and other personal and business information. You agree to promptly notify the Company should the User information provided need to be updated, changed or deleted. Any requested changes to the shipping or trading address must be made within 24 hours of the close of the listing and before payment has been applied to the pending transaction. You understand that your failure to provide accurate and complete information may result in actions taken against you, including without limitation, the immediate suspension or termination of your use of the Services. User understands that email will be the primary medium for Company to communicate information about the services.
2.4 ID – Verification – Verified and Trusted users
Upon registration, each user is asked to provide basic details about him self or the company. As a part of the ID Verification process each user is ask to provide 2 ID Verification Documents. This step is optional. Upon submitting these documents and approval by the site administrator, users status will be marked as ID Verified.
The site assures that users ID Verification Personal Data will be kept in privacy and only used for administration purposes of the site.
The ID Verification Documents are a copy or a scan of a passport or national ID card to verify identity and age of the user and the most recent utility bill to verify the postal address. Mobile phone bills will not be accepted.
Users will become "VERIFIED & TRUSTED" by completing additional verification steps. 10 completed transactions through the site and receiving positive feedback for all transactions must be completed.
As the last step of becoming “VERIFIED & TRUSTED”, user, the site will send a letter containing a security pin number to the postal address the user provided. User will then inputs the pin number in section of the site provided for verification purposes. The user who completes all steps of the verification process will become “VERIFIED & TRUSTED”.
USERS ACKNOWLEDGE THAT DESPITE THE COMPANY'S BEST EFFORTS TO VERIFY USERS FOR SECURITY REASONS AND TO MINIMIZE FRAUD ON THE SITE, USERS MAY PROVIDE FALSE AND UNTRUTHFUL VERIFICATION INFORMATION AND DOCUMENTS AND FAKE THEIR IDENTITIES WITH THE INTENTION OF BECOMING A TRUSTED USER.
THEREFORE WE CANNOT AND WE DON’T GUARANTEE THAT THE USERS PROVIDED INFORMATION IS TRUE AND CORRECT AND DESPITE THE USER BEING MARKED AS “ID VERIFIED” OR "VERIFIED AND TRUSTED", WE CANNOT GUARANTEE AND WE DON’T GUARANTEE SUCH USER AND WE STRONGLY ADVISE ALL USERS TO TAKE ADDITIONAL STEPS TO VERIFY THE USER YOU ARE DEALING WITH.
YOU AGREE THAT WE DO NOT TAKE ANY RESPONSIBILITY FOR UNTRUTHFUL INFORMATION SUPPLIED TO US AND PUBLISHED ON THE WEBSITE, WITHOUT LIMITATION AND YOU WILL NOT HOLD US LIABLE AND RESPONSIBLE.
YOU AGREE NOT TO HOLD US LIABLE OR RESPONSIBLE FOR ANY CONSEQUENCES RAISED FROM THE FALSE USERS INFORMATION OR ANY ACTION YOU WILL TAKE BASED ON THIS INFORMATION PROVIDED.
2.5 Monitoring Content etc.
The Company may, in its discretion, but is not obligated to, monitor material, content and information on the Site, including, but not limited to stock listings, questions posted to the 'Ask the Seller A Question', other features and activities and feedbacks to determine compliance with the terms and conditions of this User Agreement and current and future operating procedures and rules of conduct established by the Company.
The Company may also intercept and disclose any content, record, use or other information to the extent reasonably necessary to carry out the terms of this User Agreement, to protect the rights of the Company, for mechanical or service quality control as permitted by law, or to comply with any law, regulation, information, or court order submitted or transmitted to the Company.
The Company reserves the right, at its sole discretion, to amend, edit, remove or otherwise block any material posted by a User which may, in the Company's sole discretion, violate any state, federal or local law or violate any aspect of this User Agreement or in order to limit Company's liability. However, the Company does not assume responsibility for verifying the material, content and information on its Site and is not responsible for any damages, losses, expenses or other injuries incurred by any User as a result of relying on any material, content and information posted on the Company's Site.
3. SELLER OBLIGATIONS
Users who use the Company's Site to sell assets or merchandise of any kind ( "Seller" or "Sellers" ) agree that:
3.1 Listing Information
Sellers are solely responsible for the accuracy, completeness and validity of all the information describing the assets listed for sale. Sellers, who post merchandise for sale on the Company's Site, represent and warrant that they are the lawful owners of the listed assets or have all legal rights to sell or manipulate the stock.
Each Seller represents and warrants that all Listing Information provided is accurate and truthful regarding, without limitation, the type, quantity and condition of the Listed assets in any listing posted by the Seller on the Company's Site. Sellers understand and agree that the Company, at its sole discretion, may take any action it deems necessary to review, edit or remove any listing information provided with respect to any assets posted by a Seller.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trade marks, database rights and all other intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. (We need these rights to host and display your content.)
3.2. No Unlawful Assets
Sellers agree that they will not attempt to sell any illegal assets of any kind through the Company's Site and Services.
There are a number of items that are prohibited from sale on the Site:
* Aeroplane Tickets
* Animals and Wildlife Products
* Catalogue and URL Sales
* Counterfeit Currency and Stamps
* Counterfeit and Trademarked Items
* Credit Cards
* Drugs and Drug paraphernalia
* Embargoed Items & Any sale to or from Prohibited Countries
* Encouraging Illegal Activity
* Firearms and Ammunition
* Fireworks
* Franking Machines
* Football Tickets
* Government IDs, Licences and Uniforms
* Hazardous, Restricted and Perishable Items
* Human Parts and Remains
* Lockpicking Devices
* Lottery Tickets
* Mailing Lists and Personal Information
* Multi-level Marketing, Pyramid, Matrix and Trading Schemes
* Offensive Material
* Prescription Drugs and Materials
* Recalled Items
* Shares and Securities
* Stolen Items
* Train Tickets
* Travel Vouchers
* Unlocking Software
and other illegal assets of any kind, including, without limitation, all counterfeit goods, drugs, guns, pornography, munitions, hazardous waste, non-metal scrap or any other item, the Company, in its sole discretion, deems to be unlawful.
3.3. Service and Transaction Success Fees
If your listed stock sells, you will be charged a final Successful Sale Fee. The amount of this fee will vary based on the final price of the transaction and will be determined by the site. Upon completing your successful sale, you agree to pay the site the “Successful Sale Fee. Successful Sale Fees are non-refundable.
3.4. Selling Methods
The Site offers a BUY NOW method of sale and purchase of goods (“Sales Method”). By purchasing stock using this Sales Method or accepting an offer to sell on a particular basis, the Seller agrees to be bound upon completion of the Sales Method to perform the sale according to that method.
3.5. Failure to Perform the Sale
You are obliged to finish the transaction and complete your sale when your item has been purchased via available Selling Method. In the absence of Buyer fraud, failure of Seller to complete the sale of assets may result in damages, including but not limited to the specific performance of the Seller. Seller's failure to sell assets after a Buyer's purchase is accepted or upon completion of any accepted Sales Method will result in immediate suspension or termination of Seller's account at the company's discretion.
You must not attempt to advertise / distribute counterfeit, fake or otherwise trademark / patent infringing goods or services. You agree that should your goods / services be questioned by the website management, you may be required to provide authenticity / legal documentation to support / confirm claims of legality or face your listing being removed and potentially your account being terminated.
WE ARE NOT RESPONSIBLE AND WE DO NOT GUARANTEE THAT ANY BUYER OR SELLER USING THE SITE IS A GENUIN AND TRUSTED USER. WE PROVIDE INFORMATION WE HAVE BEEN SUPPLIED WITH FOR YOUR COMFORT, HOWEVER IT IS YOUR RESPONSIBILITY TO TAKE ADDITIONAL STEPS TO VERIFY SUCH USER BEFORE CLOSING ANY DEALS.
YOU AGREE NOT TO HOLD US, COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS OR AGENTS LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY OF YOUR DEALINGS WITH ANY OTHER USER.
3.6. Distance Selling Regulations
Where the operation of a Sales Method does not represent a genuine option, such as the BUY NOW method and the Seller as acting in the sale in your commercial or professional capacity, the Seller agrees to comply with all aspects of The Consumer Protection (Distance Selling) Regulations (The Regulations) 2000 (or any equivalent legislation that is applicable given the location of the Seller and the Buyer)
SELLERS ACKNOWLEDGE THAT DESPITE THE COMPANY'S BEST EFFORTS, BUYERS MAY FAIL TO PERFORM. THE COMPANY DOES NOT PROVIDE ANY REPRESENTATIONS OR GUARANTEES THAT BUYERS WILL PAY SELLERS ON THEIR AGREED PRICE ON TIMELY BASIS. THE COMPANY DOES NOT TAKE ANY RESPONSIBILITIES FOR THE FURTHER ACTIONS OF BOTH PARTIES ( "BUYER" AND "SELLER" ).
4. BUYER OBLIGATIONS
Users who use the Site to bid on and purchase Listed assets of any kind ("Buyer" or "Buyers") represent, warrant and agree that:
4.1. Selling Methods
The Site offers a BUY NOW method of sale and purchase of goods (“Sales Method”). By purchasing stock using this Sales Method or accepting an offer to sell on a particular basis, the Seller agrees to be bound upon completion of the Sales Method to perform the sale according to that method.
4.2. Obligations upon Buying
Buyer, by making any offer or purchasing assets, is demonstrating Buyer's intention and financial capability to purchase these assets.
Upon purchasing the listed stock, buyer agrees to make immediate payment for the total amount of the transaction, including shipping costs and all duties and taxes if applicable, or as otherwise agreed with the seller.
4.3. Failure to Perform the Purchase
In the absence of Seller fraud, failure of Buyer to complete the purchase of assets may result in damages, including but not limited to the specific performance of the Buyer. Buyer's failure to purchase assets after a Buyer's purchase is accepted or a Buyer’s offer is successful under the relevant Sales Method will result in immediate suspension or termination of Buyer's account at the company's discretion.
5. LIABILITY
5.1
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
5.2
Although thebiggestclearance.com is often referred to as an online eMarketplace, you acknowledge that we are not a traditional auctioneer or Marketplace. Instead, the Site is a venue to allow anyone to offer, sell, and buy just about anything, at any time, from anywhere. At no point do we have possession of anything listed or sold through the Site.
5.3
We may, but do not have to review user's listings and we are not party to the actual transactions between buyers and sellers. You will not hold the website responsible for the actions or inactions of buyers or sellers involved in transactions (whether such transactions are carried out on or off the website) or for ensuring that they are actually completed transactions.
5.4
We have no control over, do not guarantee, and you will not hold us responsible for:
* the quality, safety or legality of items advertised;
* the truth or accuracy of listings;
* the truth or accuracy of the users verification information provided:
* the truth or accuracy of feedback or other content posted by users on the Site;
* the ability of sellers to sell items;
* the ability of buyers to pay for items; or
* whether a buyer or seller will actually complete a transaction;
* any fraudulent behavior on the Site including users intended false verification and fraudulent listings.
5.5
Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Site. We will not screen the parties or goods on your behalf and this is a feature of the relationship between you and us that you willingly accept.
5.6
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on the Site.
5.7
The site cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on the Site.
5.8
We cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
5.9
We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising out of your use of our Site.
5.10
THE SITE AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION ON OR ACCESSED THROUGH THE SITE OR SERVICES, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. THE COMPANY DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY SYSTEM INTEGRATION OR QUIET ENJOYMENT.
5.11
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES OR ANY KIND ARISING FROM (a) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY A LISTED ASSETS OR (b) DEFECTS IN SUCH LISTED ASSETS ON ANY THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION PRODUCT LIABILITY.
5.12
IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR IN TORT) EXCEED THE AMOUNT OF FEES PAID BY THE USER TO THE COMPANY IN CONNECTION WITH THE SERVICES.
5.13
The parties have agreed that the limitations of liability set forth will survive and apply even if any limited remedy specified in this User Agreement is found to have failed its essential purpose. Some jurisdictions may not allow the limitation or exclusion of incidental or consequential damages, so the above limitation may not apply to certain Users.
6. PAYMENT COLLECTION
6.1 Payment of Successful Sale Fee
Upon the close of a sale, the seller is required to pay the Successful Sale Fee to the company. This fee is a percentage and varies depending on the final price the assets have been sold for. This fee will be invoiced by a company after completing the successful transaction. Failure of payment of this fee may result in immediate suspension of the users account.
6.2 Fraud
The Company reports instances of credit card fraud to the police and prosecutes offenders to the full extent of the law. Credit card fraud includes any instance where a buyer has charged back their credit card payment and maintains possession of the merchandise.
7. NON-CIRCUMVENTION
You agree not to negotiate, communicate, or transmit any information of any kind with any other Registered User in an attempt to complete the sale of assets and specified quantities outside of the Site.
You agree to use the communication tools provided on the Site in order to deal with other registered users and complete the transactions.
8. DISPUTE RESOLUTIONS
8.1
In the event of a dispute between Buyer and Seller in connection with a pending transaction, all Users agree to cooperate with the Company to resolve the dispute before taking any other action. If the Company cannot resolve the dispute within 10 business days of the dispute form receipt, then the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. The Users are welcome to email administrator should they have any questions regarding using of the site and it's services. All the questions will be answered within 3 working days.
8.2
USER AGREES NOT TO HOLD COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS OR AGENTS LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY OF USER'S DEALINGS WITH ANY OTHER USERS.
8.3
In the event User has a dispute with another User, User releases Company, directors, officers, employees and agents from claims, demands and damages, whether actual or consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. This release includes any claims brought by any individuals relating to misuse or unauthorized use of data User gives to Company.
Users agree to defend, indemnify and hold harmless the Company, its affiliates, directors, officers, employees and agents to the fullest extent lawful against any and all damages (whether direct, consequential or otherwise), claims, liabilities, costs and expenses incurred (including, without limitation, all reasonable fees), as a consequence of any acts by User undertaken in connection with the Company's Site and Services, including without limitation, those arising out of any breach of any User representation or warranty, User's obligations hereunder, any User transaction attempted through the Service, or any dispute between User and any other Users.
9. DISTANCE SELLING REGULATIONS
9.1 Application of Distance Selling Regulations
You acknowledge and understand that The Consumer Protection (Distance Selling) Regulations (The Regulations) 2000 (or any equivalent legislation in your jurisdiction) do not apply to transactions completed over the site through an auction due to the status of such transactions as auction sales.
9.2 No Right of Cancellation
Where you are acting as a consumer, whilst the Regulations do apply to this User Agreement, you acknowledge, understand and accept that the right of cancellation within the regulations does not apply to this User Agreement as the services provided hereunder are supplied to you before the expiration of the cancellation period.
10. MISCELLANEOUS
10.1. Interruption of Service
User understands that the Company shall take all commercially reasonable efforts to make its Site and Service available. However, the Company is not responsible for any damages or losses related to any system errors or interruptions affecting its Site and the processing of any online Site's auctions or sales. User understands that the Site may be unavailable unexpectedly as a result of circumstances beyond its control or routine maintenance. User agrees not to attempt any action which may disrupt the Company's Site and Services, including transmitting any virus-infected files or software routines, bulk e-mail solicitations, or reverse engineering of any of the Company's programs or infrastructure.
10.2. Changes to Site and Services
The Company reserves the right, in its sole discretion, to modify, suspend or terminate any aspect of its Site and Services, including, but not limited to, content, features, news and information, and product categories without notice.
10.3. Record Keeping
The Company cannot guarantee the preservation or maintenance of records relating to historical transactions and activity and encourages User to keep individual records and an accounting of all activity conducted through the Company's Site.
10.4. Taxes
User acknowledges and agrees that the Company does not have any responsibility to report, calculate, determine or anticipate the payment of any taxes, which may be assessed or owed by any User in connection with the use of the Company's Site and Services. User understands and agrees that User is solely responsible for the calculation and payment of any taxes that may be incurred as a result of using the Company's Site and Services.
10.5. Third Party Links
The Site may contain links to other websites or resources for the convenience of Users in locating related information and services. User acknowledges and agrees that Company is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that Company endorses the linked site. User uses the links at User's own risk.
10.6. Jurisdiction
This User Agreement shall be governed by and construed in accordance with the laws of England and Wales without regard to the conflicts of law provisions thereof, and, to the maximum extent permissible, without reference to that body of law. Both parties submit to the exclusive jurisdiction of the English Courts. Any right to trial by jury with respect to any claim, action, suit or proceeding arising out of this User Agreement or any of the matters contemplated hereby is waived.
10.7. Severability
If any provision of this User Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible and the remainder of this User Agreement shall continue in full force and effect.
10.8. Termination
The terms and conditions of this User Agreement constitute a binding agreement between the Company and each User until terminated by the User or the Company. User may discontinue use of the Site and Services at any time upon notice to Company. Upon termination, User is obligated to immediately cease using the Site and Services. The Company expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Services and the Website by any person or entity, at the sole discretion of the Company, for any reason and without notice.
10.9. Intellectual Property
Company intellectual property ("Company IP") is all inventions, know how, improvements, discoveries, methods, processes, concepts, designs, ideas, prototypes, samples, drawings, blueprints, specifications, computer or intellectual property programs, methods of doing business, copyrights, trademarks, trade names, software and/or other works conceived of and/or reduced to practice or writing or otherwise relating to the Site or Services. Company IP may be created by one of more of Company's employee(s) alone or jointly with a User or Users arising from the use and development of the Services or as a result of User's feedback regarding the Site or Services ("Feedback"). All right, title and interest in any Company IP shall belong to Company and shall be subject to the conditions of this User Agreement.
User hereby irrevocably assigns to Company all right, title and interest User may acquire in any Company IP. Company may, at its option, file an application for intellectual property protection for Company IP. If any such Company IP is created with User's participation, User agrees to cooperate with Company to assure that such application(s) will cover, to the best of User's knowledge, all related assets, including all features of commercial interest and importance. Company IP is the sole and exclusive property of the Company, unless otherwise stated and may not be used without the prior written consent of the Company.
10.10. Trademarks
The Site and the Company's trade names, domain names and logos found on the Site are trademarks or service marks of Liquidate Mate Ltd. No display or use of such marks may be made without the express written permission of the Company.
10.11. Assignment
This User Agreement may not be assigned by User or by operation of law to any other person, persons, firms or corporations without the express written approval of the Company.
10.12. Entire Agreement
This User Agreement constitutes the entire agreement between the User and the Company, and it super-cedes any previous agreements, whether oral or in writing, between Users and the Company. The Company may, at its sole discretion, remove or change any aspect of this User Agreement. Any change to this Agreement will be communicated to the users before its enforcement.
11. USE OF THE SITE
11.1
The technology, software, and data underlying the Site are the property of the Company or the Company's affiliates or partners. As a User, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying our Site. You agree not to modify the software underlying our sites in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
11.2
Without limiting the foregoing, you agree that you will not use the Site to take any of the following actions:
a. defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;
b. post, list or upload content or items in inappropriate categories or areas on the Site;
c. breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
d. breach our policies;
e. fail to pay for items purchased by you, unless the seller materially changes the item's description after you place a bid on the item, a clear typographical error is made, or you cannot authenticate the seller's identity;
f. fail to deliver items purchased from you, unless the buyer fails to meet your listing terms, or you cannot authenticate the buyer's identity;
g. manipulate the price of any item or interfere with other users' listings;
h. circumvent or manipulate the site's fee structure or the billing process;
i. post, list or upload false, inaccurate, misleading or defamatory content (including personal information);
j. take any action that may undermine the feedback or ratings systems (such as displaying feedback information on, or exporting feedback information to, non-The Biggest Clearance sites, or using it for purposes unrelated to the Site);
k. transfer your Site's account (including feedback) and User ID to another party without our express consent;
l. distribute or post spam, chain letters, or pyramid schemes;
m. distribute viruses or any other technologies that may harm the Site, or the interests or property of Site's users;
n. copy, modify, or distribute Company's copyrighted works or trademarks, or other content from the Site, without our express consent; or
o. collect information about users, including email addresses, without their express consent.
11.3
Unauthorized access to the Company's sites is a breach of this User Agreement and a violation of the law. You agree not to access the Company's sites by any means other than through the interface that is provided by the Company for use in accessing its sites. You agree not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of the Company's sites except those automated means that have been approved in advance and in writing by the Company.
11.4
Use of the Company's sites is subject to existing laws and legal process. Nothing contained in this User Agreement shall limit the Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Company's sites.
12. FORUM RULES
12.1
Registration to our forum is free and comes automatically as a part of your account registration. If you only wish to register to our forum, creation of your account on the site and your agreement with full terms and conditions will be necessary.
12.2
To protect the Forum, Site and its members from legal risk, and to
maintain an environment that encourages constructive debate and
discussion, the following inappropriate material may not be posted on
this forum and we reserve the right to remove any material or messages at our sole
discretion without notice at anytime:
a. Inflammatory, abusive, racist or otherwise offensive
comments, remarks, language or insinuations.
b. Posting material to which a third party claims copyright, other
intellectual rights or that breaches applicable laws without a)
permission from the owner of such copyright or other intellectual
property rights or b) adequate referencing and acknowledgement of the
owner of such copyright or other intellectual property rights.
c. Obscene, vulgar or pornographic material including links
to other website’s that contain or promote this material.
d. Guides or partaking in the discussions of how to unlock or
circumvent copyrighted or protected software and technologies.
e. Content or sensitive information that may invade the
personal privacy of another individual or business.
f. Unsolicited/commercial advertisements that attempt or
invite the distribution of counterfeit/trademark infringing products/services. (Typically fake, replica or otherwise brand/right
infringing goods).
g. Guides or partaking in discussions that promote or endorse
pyramid, affiliate, referral or quick cash schemes.
h. Posting, requesting or distributing material via e-mail or the
private messaging system that contravenes any of the terms.
i. Irrelevant, off-topic or generally ill-thought or
unexplored material/content.
j. Pictures or graphical images within your post that are not
hosted on your own web space or without the explicit permission of the
web space owner. (Typically referred to as hot-linking).
k. Posting any material that contravenes any applicable laws.
12.3
Although the administrators and moderators of the Forum will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages and materials. All messages express the views of the author, and neither the owners of the Site and Forum, nor administrators, moderators or developers will be held responsible for the content of any message.
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