Please read this Disclaimer carefully before accessing, biw2rowsing, creating an Account or using the Website and/or any of the Services and Products of the Company. It is intended for the reader of this Disclaimer to have an understanding of and accept the Terms and Conditions. Your access to and use of the Website and participating in the Services and Products is conditioned on your understanding of and compliance of this Disclaimer.
IF YOU CHOOSE TO USE THE WEBSITE, PLATFORM AND/OR SERVICES, YOU DO SO AT YOUR OWN SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY DOES NOT HAVE AN OBLIGATION TO CONDUCT EXTENSIVE BACKGROUND CHECKS ON ANY USER OR PROPERTY.
THE WEBSITE, PLATFORM, PRODUCTS, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
THE COMPANY MAKES NO WARRANTY THAT THE SITE, EXCHANGE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR DESCRIPTIONS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
THE COMPANY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANYOR THROUGH THE WEBSITE, PLATFORM, EXCHANGE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
USERS ARE SOLELY RESPONSIBLE FOR ALL OF COMMUNICATIONS AND INTERACTIONS ON THE WEBSITE AND PLATFORMOR IN RELATION TO SERVICES.
USERS UNDERSTAND THAT THE COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE, PLATFORM, EXCHANGE OR SERVICES.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES.
THE COMPANY DIRECTORS, OFFICERS, EMPLOYEES, LICENSEES AND AFFILIATES FROM THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, WHETHER INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM ANY USE OF THE WEBSITE BY USERS OR FOR ANY OTHER CLAIM THAT IS ASSOCIATED WITH THE WEBSITE FROM YOUR USAGE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR INCOMPLETENESS IN ANY CONTENT, OR LOSS OR DAMAGE OF ANY KIND ARISING AS A RESULT OF USE OF THE CONTENT OR ANY PRODUCT THAT IS POSTED, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES AND CLAIMS HAS BEEN ADVISED.
THE COMPANY WILL COMPLY TOWARDS FAIR BUSINESS PRACTICES TO PROTECT THE INFORMATION THAT USERS PROVIDED TO THE SITE, BUT THE USER ALSO AGREE THAT ALL SUBMISSION OF SUCH INFORMATION IS AT THE USERS SOLE RISK, AND HEREBY DISCLAIM THE COMPANYANY AND ALL LIABILITY TO YOU FOR DAMAGES OR LIABILITY WHATSOEVER ASSOCIATED TO THE INFORMATION IN ANY FORM AND IN ANY WAY.
THE COMPANY DOES NOT EXPRESS AND MAKES NO WARRANTY THAT THE COMPANYWILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND THE COMPANYDISCLAIM ANY LIABILITY RELATING THERETO. YOU WILL BE SOLELY RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
THE COMPANYS RESPONSIBILITIES ARE LIMITED TO FACILITATING THE AVAILABILITY OF THE WEBSITE, EXCHANGE AND PLATFORM AND THE SERVICE MODEL CONTAINED THEREIN.
PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE.
Prohibited Use. Users may not use their Account to engage in the following categories of activity, the specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Services involves a Prohibited Use or have questions about how these requirements apply to you, please contact us.
- Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation or sanctions programs administered in the countries where the Company conducts business, or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information.
- Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorised access to the website, other Accounts, computer systems or networks connected to the website, through password mining or any other means; use Account information of another party to access or use the website, unless by operation of law or with the express permission of the Comapany.
- Abuse Other Users: Interfere with another individual's or entity's access to or use of any Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights ,such as, but not limited to, rights of privacy, publicity and intellectual property, of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the website about others, including without limitation email addresses, without proper consent.
- Fraud: Activity which operates to defraud the Company, Users, or any other person; provide any false, inaccurate, or misleading information to the Company.
- Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of the Company intellectual property, name, or logo, including use of Company trade or service marks, without express consent from the Company or in a manner that otherwise harms the Company or brand; any action that implies an untrue endorsement by or affiliation with the Company.
2. Prohibited Businesses. In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred. Most Prohibited Businesses categories are imposed by card network rules or the requirements of our banking providers or processors. The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of the Services involves a Prohibited Business, or have questions about how these requirements apply to you, please contact us immediately. By opening an Account, you confirm that you will not use the Platform or Services in connection with any of following businesses, activities, practices, or items:
- Investment and Credit Services: Securities brokers; mortgage consulting or debt reduction services; credit counselling or repair; real estate opportunities; investment schemes,
- Restricted Financial Services: check cashing, bail bonds; collections agencies,
- Intellectual Property or Proprietary Rights Infringement: sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder,
- Counterfeit or Unauthorized Goods: unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen,
- Regulated Products and Services: Sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials,
- Drugs and Drug Paraphernalia: Sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs,
- Pseudo-Pharmaceuticals: Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body;
- Substances designed to mimic illegal drugs: Sale of a legal substance that provides the same effect as an illegal drug, for example salvia or kratom.
- Adult Content and Services: Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features,
- Multi-level Marketing: Pyramid schemes, network marketing, and referral marketing programs,
- Unfair, predatory or deceptive practices: Investment opportunities or other services that promise high rewards; sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers; and
- High-risk businesses: Any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies.
3. Conditional Use. Express written consent and approval from the Company must be obtained prior to using all Services for the following categories of business and/or use. The Company may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use our Services in connection with any of following businesses, activities, or practices:
- Charities: Acceptance of donations for non-profit enterprise;
- Games of Skill: Games which are not defined as gambling under this Agreement or by law, but which require an entry fee and award a prize; and
- Religious/Spiritual Organizations: Operation of a for-profit religious or spiritual organization.