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THE TERMS
AND CONDITIONS SET FORTH BELOW
(THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE
WEB.
THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND eCommerceGal
(“WE” or “US”) AND GOVERN YOUR
ACCESS TO, AND
USE OF THE eCommerceGal WEBSITE LOCATED AT WWW.eCommerceGal.COM (THE
“SITE”) AND THE SERVICES PROVIDED ON THIS
SITE. IF
YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE
USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE
SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES ON THIS SITE SHALL BE
DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH
BELOW. eCommerceGal MAY MAKE CHANGES TO THE SERVICES OFFERED ON THIS
SITE, AT ANY TIME WITHOUT NOTICE, AND eCommerceGal CAN CHANGE THESE
TERMS AT ANY TIME WITHOUT NOTICE BY POSTING UPDATED TERMS OF USE ON THE
SITE. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES HAVE
BEEN
POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT
REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK THE TERMS
OF
USE POSTED ON THE SITE PERIODICALLY FOR UPDATES AND CHANGES.
General Use
Restrictions
eCommerceGal provides
content and other
services through the Site. All information, documents,
products
and services provided on and through the Site, including content,
trademarks, logos, graphics and images (together, the
“Materials”) are provided to you by eCommerceGal
and are the
copyrighted work of eCommerceGal or eCommerceGal licensors or
contributors.
eCommerceGal grants
you a limited,
personal, non-exclusive and non-transferable license to use the
Materials and use the services and the Site solely for your personal
use or internal business use. You agree that you will only
use
this Site and the services for lawful uses. You acknowledge
and
agree that you have no right to modify, edit, copy, reproduce, create
derivative works of, alter, enhance or in any way exploit any of the
Materials in any manner. This limited license terminates
automatically, without notice to you, if you breach any of these
Terms. Upon termination of this limited license, you agree to
immediately destroy any downloaded or printed Materials.
Except
as stated herein, you acknowledge that you have no right, title or
interest in or to the Site or any Materials on any legal basis.
You are
prohibited from taking any action
to circumvent or attempt to circumvent the security and access control
provisions of the Site and the Services. Such prohibited conduct
includes, without limitation, any efforts to (a) log in to an account
with a password not assigned to you, (b) access personally identifiable
information not intended for you, (c) test the security measures on the
Site and/or attempt to identify system vulnerabilities, (d) impersonate
any other user of the Site and/or the Services or forge any of the
header information in any posting or tamper with the TCP/IP packet
header, (d) modify, reverse engineer, disassemble, decompile or
otherwise attempt or allow others to attempt to discover the underlying
computer code for the Site and/or the Services, or (f) overwhelm or
disable the Site or the Services or interfere with the access and use
of the Site and/or the Services by any other user. If eCommerceGal
becomes aware of any of the foregoing activities, eCommerceGal may
investigate and may respond, and when appropriate, eCommerceGal may
work
with law enforcement authorities in such investigations and for the
purpose of prosecuting offenders. Your continued use of the Site and
the Services is expressly conditioned on your compliance with the
preceding prohibitions and with the obligations and restrictions.
Without limiting the generality of foregoing, you acknowledge that
eCommerceGal expressly prohibits and you agree not to:
* Post any false or
inaccurate
Submissions (defined below) or information;
* Use the Services
and/or the Site to
violate any applicable law or regulation, including, without
limitation, the infringement of any copyright, trademark, trade secret
or other intellectual property right of others, or violate the privacy
or publicity rights of any other person.
* Make any changes,
additions and/or
deletions to any Submissions posted by any user with out the express
written authorization of such other user.
* Take any action
that imposes an
unreasonable or disproportionately large burden on Site's
infrastructure.
* Include any
hyperlinks or any
misleading, irrelevant and/or hidden keywords in any Submissions posted
by you.
* Frame or link to
the Site of any of the
content or information available from the Site unless eCommerceGal
expressly consents to such linking and/or framing.
* Intentionally
expose the Site and/or
Service to any computer virus or any other program or code intended to
disrupt or disable to operations of the Site and/or Service.
* Use any robot,
spider or other program
or device to retrieve or index any portion of the eCommerceGal Site;
* Harvest or
otherwise collect
information about other users for any purpose other than use of the
Site and/or Services as expressly permitted herein.
The
foregoing list of prohibitions is
illustrative and is not intended to be complete or exclusive.
eCommerceGal reserves the right to terminate our relationship with you
under these Terms and prohibit your access to the Site and/or Services
or to edit, remove or close any Submission or thread for any reason.
The
foregoing prohibitions do not impose
on eCommerceGal, and eCommerceGal does not assume, any obligation to
monitor or remove any Submissions or other information or communication
submitted by you or any other member. You hereby acknowledge and agree
that you may be exposed to content that may be offensive or
objectionable to you. YOU HEREBY ACKNOWLEDGE AND AGREE THAT
ALL
SUBMISSIONS SUBMITTED BY YOU OR ANY OTHER MEMBER EXPRESS THE VIEWS OF
THE AUTHOR, AND eCommerceGal WILL NOT BE HELD RESPONSIBLE FOR OR LIABLE
FOR THE CONTENT IN SUCH SUBMISSIONS. Your access to the Site
and
Services is undertaken at you own risk and eCommerceGal is not
responsible for any offensive or otherwise objectionable materials that
may be posted by any third party.
Password
Restricted Areas of the Site
Certain
areas of the Site may be
password-restricted to authorized users that become members
(“Restricted Areas”). If you are an
authorized member
of the Restricted Areas, you are responsible for maintaining the
confidentiality of your password and account, and agree to notify
eCommerceGal if your password is lost, stolen, or disclosed to an
unauthorized third party, or otherwise may have been
compromised.
You are responsible for activities that occur under your
account.
You agree to immediately notify eCommerceGal of any unauthorized use of
your account or any other breach of security in relation to the Site
known to you.
Privacy
Policy
Your use of
the Site is governed by the eCommerceGal Privacy Policy, which is
available at
www.eCommerceGal.com/privacypolicy.php (the “Privacy
Policy”).
Third Party
Content
Certain
information and content may be
provided by third parties to eCommerceGal (“Third Party
Content”). The Third Party Content is, in each
case, the
copyrighted work of the creator/licensor. You agree to only
display the Third Party Content on your personal computer solely for
your personal or internal business use. You acknowledge and
agree
that you have no right to download, cache, reproduce, modify, display
(except as set forth in this paragraph), edit, alter or enhance any of
the Third Party Content in any manner. eCommerceGal DISCLAIMS
ALL
EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO
THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
Submissions
Subject to
the terms and conditions of the eCommerceGal Privacy Policy (as
described above) when you submit data
and/or post communications on the Site (collectively
“Submissions”), you grant to eCommerceGal and its
affiliates
and sublicensees, a irrevocable, perpetual, royalty-free, worldwide
right (including moral rights) and license to use, reproduce, modify,
display, distribute and create derivative works of, Submissions, in
whole or in part, and to incorporate Submissions into other works in
any media and utilizing any technology now known or later
developed. You warrant that you have all rights, and no third
party has retained any such rights, (including moral rights) in and to
Submissions.
Links to
Third Party Sites
This Site
may be linked to other sites
that are not eCommerceGal Sites. eCommerceGal is providing these links
to
you only as a convenience, and eCommerceGal is not responsible for the
content or links displayed on such sites.
Unauthorized
Activities
Unauthorized
use of any Materials or
Third Party Content contained on this Site may violate certain laws and
regulations. You shall indemnify and hold eCommerceGal and
its
officers, directors, employees, affiliates, agents, licensors, and
business partners harmless from and against any and all costs, damages,
liabilities, and expenses (including attorneys’ fees)
eCommerceGal
or any other indemnified party suffers in relation to, arising from, or
for the purpose of avoiding, any claim or demand from a third party
that your use of the Site or the use of the Site by any person using
your user name and/or password violates any applicable law or
regulation, or the rights of any third party.
Trademarks
eCommerceGal is
a trademark of eCommerceGal in the United States.
All other trademarks, names
and logos on this Site are the property of their respective owners.
Copyright
Notice
All
information and screens appearing on
this Site including documents, services, site design, text, graphics,
logos, images and icons, as well as the selection and arrangement
thereof, are the sole property of eCommerceGal, Copyright ©
2010
eCommerceGal unless otherwise specified. All
rights
not expressly granted herein are reserved. Except as
otherwise
required by applicable law, any reproduction, distribution,
modification, retransmission, or publication of any copyrighted
material is strictly prohibited without the express written consent of
the copyright owner.
Disclaimer
of Warranties
YOUR
USE OF THIS SITE, THE MATERIALS
AND/OR THE SERVICES IS AT YOUR OWN RISK AND YOU ASSUME ALL RISKS OF
USING THIS SITE, THE MATERIALS AND/OR THE SERVICES. NEITHER
THE
MATERIALS NOR THE THIRD PARTY CONTENT HAVE BEEN VERIFIED OR
AUTHENTICATED IN WHOLE OR IN PART BY eCommerceGal, AND THEY MAY NOT BE
CURRENT OR MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
eCommerceGal DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE
MATERIALS OR THE THIRD PARTY CONTENT CONTAINED ON THIS SITE.
eCommerceGal SHALL HAVE NO LIABILITY FOR MATERIALS AND/OR THIRD
PARTY CONTENT THAT IS NO CURRENT OR FOR ANY ERRORS OR
OMISSIONS
IN THE MATERIALS AND/OR THE THIRD PARTY CONTENT, WHETHER PROVIDED BY
eCommerceGal OR OUR LICENSORS. eCommerceGal DOES NOT
GUARANTEE
THAT
YOU WILL ACHIEVE ANY ECONOMIC RETURN OR BENEFIT FROM THE USE OF THE
MATERIALS.
eCommerceGal,
FOR ITSELF AND ITS LICENSORS,
MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR
GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICES OR ANY MATERIALS
OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH,
ACCURACY, CURRENCY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL
CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION, THE MATERIALS AND
THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED,
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES,
THE MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL
CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS
IS,”
“AS AVAILABLE” AND “WHERE-IS”
BASIS WITH NO
WARRANTY OF ANY KIND AND eCommerceGal DISCLAIMS AND EXCLUDES ANY AND
ALL
IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY
RIGHTS.
Limitation
of Liability
eCommerceGal’s
AGGREGATE LIABILITY TO
YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING,
COPYING, OR DOWNLOADING ANY MATERIAL ON THE SITE OR RELIANCE ON THE
INFORMATION AND/OR MATERIAL PRESENTED ON THE SITE SHALL NOT EXCEED
FIFTY DOLLARS ($50.00). IN NO EVENT SHALL eCommerceGal BE
LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY,
PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS
OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER
ARISING, EVEN IF eCommerceGal HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
Local Laws,
Export Control
eCommerceGal controls
and operates this
Site from its headquarters in the United States of America and the
Materials may not be appropriate or available for use in other
locations. If you use this Site outside the United States of
America, you are responsible for compliance with all applicable local
laws.
General
If
you violate these Terms, eCommerceGal
may terminate your access to the Site or Restricted Areas without
notice. eCommerceGal prefers to advise you of your
inappropriate
behavior and recommend any necessary corrective action.
However,
certain violations of these Terms, as determined by eCommerceGal, will
result in immediate termination of your access to the Site or
Restricted Areas. eCommerceGal has the right to terminate any
password-restricted account for any reason. California law
and
controlling U.S. federal law, without regard to the choice or conflicts
of law provisions, will govern these Terms. Any disputes
relating
to these Terms or the Site will be heard in the courts located in
California. If any of these Terms is found to be inconsistent with
applicable to law, then such term shall be interpreted to reflect the
intentions of the parties, and no other terms will be
modified.
eCommerceGal’s failure to enforce any of these Terms is not a
waiver of such term. The Terms are the entire agreement
between
you and eCommerceGal and supersede all prior or contemporaneous
agreements and understandings between you and eCommerceGal with respect
to the subject matter hereof. These Terms may not be modified
except pursuant to a written amendment that is executed by an officer
of eCommerceGal.
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