This User Agreement (the “Agreement”) lists the conditions that shall dictate the relationship existing between Smart Choice Centre Limited, (the “Company”) and you (the “User”) who shall agree to the terms of this Agreement by virtue of accessing WWW.BIZANDPRO.COM (the “Site”), which Smart Choice Centre Limited owns and operates.
(A) Other than page cacheing, User agrees not to download or modify the Site without written consent of the Company. Only with express written permission shall User be allowed to use the Company’s trademark for any reason.
(B) User may not make any commercial use of the Site or the information contained herein. User may not make use of data mining, robots, or other extraction tools in connection with User’s use of the Site.
(C) Any action taken by User that violates this section shall terminate User’s license to use the Site.
(D) Company may, at its sole discretion, take any action it deems necessary should User violate any of the terms of this Agreement.
RESTRICTIONS. User agrees that in using the Company’s Services, User will not post any Content that contains
Advertisement titles and descriptions: (i) may not begin with “aaa;” (ii) must start with a capital letter; (iii) may not contain all, or substantially all, uppercase letters; (iv) may not contain the words “ONO” or “negotiable; and (v) may only use letters, numbers, spaces, quotations, and full stops.
Company, in its sole discretion, may determine if any content posted on the Site violates this Section 2 and may alter or delete any advertisement posted by a User that it deems to have violated this Section.
THE SERVICE Company provides, through the Site, a venue through which sellers of products may connect with buyers and sell such products. There are, however, some rules that Users placing an ad must follow.
(A) User agrees to assign Company all intellectual property rights in the content of any advertisement placed on the Site, to the extent that User is able to do so.
(B) User grants to Company a royalty free right to use any content contained in any advertisement placed on the Site (in whole or in part) and a license to incorporate it into other works.
(C) Any advertisement posted by User shall be displayed for a period of two (2) months on the Site. User may extend this period through the Site for free.
(D) If User’s advertisement is selling items which are to be sold through User’s business, User’s advertisement should contain either (i) User’s business address; (ii) User’s business registration number; or (iii) User’s business license number. If User’s advertisement does not list items to be sold through User’s business, then User may not reference User’s business.
LINKING TO THE SITE. User may link to the Site so long as he or she abides by the following: (i) User must attach an ® to BIZ & PRO; (ii) alter the content of the linked-to page; (iii) alter any of Company’s intellectual property; (iv) the website linking to the Site must adhere to the standards set out in Section 2 of this User Agreement; and (v) User must comply with any request to remove the link to the Site.
TERMINATION/SUSPENSION OF THE SERVICE. Company reserves the right to suspend or terminate User’s access to the Service at its sole discretion if User is in material breach of this Agreement and (i) Company has informed User in writing of said breach and User failed to remedy said breach; or (ii) said breach is something that may not be remedied. User may not circumvent this action by any means and should User attempt to do so, User forfeits all right regardless of Company’s further action to suspend or terminate the Services. Specifically, Company may suspend or terminate User’s access to the Service at its sole discretion if (i) User has not paid outstanding Fees; (ii) Company reasonably believes there is a risk of loss or damage to Company in any way if Company does not suspend or terminate User’s access to the Services; (iii) the law requires Company to suspend or terminate User’s access to the Services; (iv) Company reasonably believes that User is accessing or using the Services in an illegal manner; (v) Company receives a serious complaint regarding User’s use of the Services; or (vi) any reason Company deems necessary, at its sole discretion.
USER ACKNOWLEDGMENTS. User acknowledges and agrees to the following:
(A) The Site is simply a venue through which sellers connect with buyers to sell products. Company is not a party to any transaction made on the Site and makes no warranties of any kind – either express or implied – in relation to any product sold on the Site. Nor does Company make any warranties as to the accuracy of any listing by any User on the Site.
(C) Company retains, in its sole discretion, the right to remove any such videos. However, in the event Company removes said videos, those videos may remain available on YouTube without its original context within an advertisement.
(D) No communications by Company through the Site are intended to endorse or guarantee any transactions made through the Site. Company bears no responsibility related to any transaction and User must conduct his or her due diligence before executing any such transaction.
(E) By virtue of using the Service, User may receive service-related emails of which User may not opt-out of receiving.
(F) User bears sole responsibility for the content of the advertisement submitted with regard to legality, errors, omissions, inaccuracy, or otherwise.
USER REPRESENTATIONS AND WARRANTIES. User represents and warrants the following:
(A) Any User that purchases or sells any product on the Site must be at least 18 years of age.
(B) Any advertisement posted on the Site accurately and adequately describes the product and the full terms of purchase of the product.
(C) Any product being advertised for sale may legally be owned and sold by User. In the same vein, the User may sell items other than his/her own with permission from the original owner.
(D) User will not knowingly violate this User Agreement in posting any advertisement.
THIRD PARTY DEVICES. User agrees not to use any third party program to alter the proper working of the Site. User agrees not to use any automatic device to copy any of the Site’s content without written Consent from Company.
INTELLECTUAL PROPERTY. All content on the Site is Company’s property or that of its content suppliers and bears intellectual property protection. Company does not grant to User a license to use any such intellectual property. To notify Company of any copyright-infringing content, please contact us at [email protected]
RESPECTIVE LIABILITIES. (A) The terms that apply to this Site are those contained in this User Agreement and no other rights are to be incorporated, either expressly or implicitly. Company acknowledges its liability in situations pertaining to breach of contract or negligence however, Company shall assume no liability for (i) losses from any User’s use of the Services in connection with any sale; (ii) any dispute between two Users of the Site; (iii) negligence or breach of contract by any User of the Site or any other third party; (iv) any failure to mitigate losses by any User; (v) failure to comply with obligations imposed by this User Agreement; and (vi) any liability caused by the modification of this User Agreement. User hereby releases Company and any affiliates of any claims, demands, damages, costs, penalties, and liabilities, however arising out of or in connection with the Services. (B) User acknowledges User’s liability for any breach of contract or negligence connected with the Services and agrees to indemnify Company and its officers, employees, and agents against all claims, demands, damages, costs, penalties, and liabilities caused by any breach of this Agreement by User.
DISCLAIMER OF WARRANTY. The Site is provided as-is without warranties of any kind, express or implied and use of the Service is at User’s sole risk. Company makes no warranties including but not limited to: (A) any implied warranties of merchantability, fitness for a particular purpose or non-infringement; (B) that the Site or the services will meet your requirements; (C) that the Site will be secure, uninterrupted, accessible, or error free; and/or (D) that any information, data, or content will be accurate, reliable, complete, timely, or free from viruses or other destructive code.
COMMUNICATIONS. Company may utilize any communications made by and between Company and User in any way it sees fit. There is no right of confidentiality in any such communications.
ERRORS AND OMISSIONS. There may be mistakes in the content placed on the Site including that of errors in pricing. Company shall bear no liability for any such inaccuracies and/or mistakes.
NO AFFILIATION. User agrees and acknowledges that User’s relationship with Company is that of an independent contractor and Company has no duty to the Users beyond that which is expressly stated on the Site. In particular, User agrees and acknowledges that Company has no duty regarding (i) User’s access to the Site or Services; (ii) what content is accessed through the Site or Company’s services; (iii) what content other Users publish or make available through the Site or Company’s services; or (iv) how other Users view or interpret any content made available through the Site or Company’s Services.
PRODUCTS AND SERVICES. Some of the information contained on the Site may be for products or services that are not available in User’s jurisdiction. There is no guarantee every product or service on the Site will be available to every User.
THIRD PARTY LINKS. Some links on the Site lead to third party websites that Company has no control over or affiliation with. User agrees that Company bears no responsibility for the content or availability of these websites.
MODIFICATION. Company may alter this User Agreement from time to time. Upon such alteration, the Site will display the changes and there shall be no other notification of such changes.
SEVERABILITY. Should any component of this User Agreement be held unenforceable for any reason, then the rest of the agreement shall be enforced and interpreted as if the unenforceable portion had not been in the original agreement
VENUE. This User Agreement shall be governed by the laws of Republic of Ireland.
NO WAIVER. Should any party not require performance of any component of this Agreement, it shall not be construed as a waiver of the right to enforce said component at any time thereafter.