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Welcome
to the User Agreement of TaBusca.com
This
Agreement describes the terms and conditions applicable to the use of
our services available under the domain of www.TaBusca.com
By
using TaBusca E-Classifieds you agree to the following terms and
conditions:
Read
and agree
Applicability
Exclusions
Changes
Fees
and Services
Listing
Description
Refusal
Restricted
Activities
Legal
Manipulation
Indemnity
Privacy
Policy
General
Disclosures
In the case you do not agree to the terms and conditions of
this User Agreement, please do not use or access our services. You are
required to read and to agree with and accept all terms and conditions
contained in this User Agreement and the Privacy Policy.
TaBusca
E-Classified service is provided to you on an "as is" basis.
Upon
registration with Tabusca.com you agree to receive promotional e-mails
from our commercial clients.
This
agreement is applicable to all private persons browsing TaBusca.com or
registering with TaBusca.com with the intention to place classified
advertisements.
Above
mentioned private persons are further on referred to as sellers.
All
known kinds of business entities or persons offering their services for
a fee are excluded from the free use of TaBusca.com
We may make any changes to this Agreement at any time by
publishing the changed terms on our site. You may not change this
Agreement, except in writing signed by you and TaBusca Inc.
Prospective buyers can use TaBusca free of any charge.
Sellers can use
TaBusca free of charge.
We may change this
policy regarding our services at any time. Those changes will be in
effect upon publication and will be applicable to new sellers.
You
must be legally able to sell the item(s) you list for sale on our site.
You
must describe your item and all terms of sale on the listing page in one
of the categories of our site.
Your
listings may only include text descriptions, graphics, pictures and
other contents relevant to the sale of that item. All listed items must
be listed in an appropriate category.
TaBusca
E-Classifieds reserves the right to refuse service to anyone at any
time, and to remove any listings or any advertisements for any reason.
Your
Information (or any items listed) and your activities on the site shall
not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) infringe any third party's copyright, patent, trademark, trade secret
or other proprietary rights or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including, but not
limited to, those governing export control, consumer protection, unfair
competition, anti discrimination or false advertising);
(e) be defamatory, trade libelous, unlawfully threatening or unlawfully
harassing;
(f) be obscene or contain child pornography or, if otherwise adult in
nature or harmful to minors;
(g) contain any viruses, Trojan horses, worms, time bombs or other computer
programming routines that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information;
(h) create liability for TaBusca E-Classifieds or cause TaBusca
E-Classifieds to lose (in whole or in part) the services of its ISPs or
other suppliers; and
(i) link directly or indirectly to or include descriptions of goods or
services that:
(aa)
are prohibited under this Agreement;
(bb)
you do not have a right to link to or include.
(j) Furthermore, you may not list any item on the site (or consummate any
transaction that was initiated using our service) that could cause
TaBusca E-Classifieds to violate any applicable law, statute, ordinance
or regulation, or that violates our current User Agreement.
The
sale of illegal items, including all counterfeit goods, is expressly
prohibited.
TaBusca
E-Classifieds will terminate any ad for any such item upon notification
by legal authorities or the legitimate trademark or copyright holder and
the seller of such items may be subject to suspension.
Users
must be of legal age with the ability to enter into binding contracts to
participate in auctions, or place personals ads.
You
shall comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of our service
and your bidding on, listing, purchasing, solicitating of offers to
purchase, and selling items.
Neither
buyers nor sellers may manipulate the price of any item nor may they
interfere with other user's listings or transactions.
Liability Limitation
We
do not guarantee continuous, uninterrupted or secure access to our
services, and operation of our site may be interfered with by numerous
factors outside of our control.
If
TaBusca E-Classifieds believes in its sole discretion that any ad may
create liability for TaBusca E-Classifieds, TaBusca E-Classifieds may
take any action that it believes is prudent or necessary to minimize or
eliminate its potential liability, including but not limited to, the
release of user information.
TaBusca
will remove listings, which are not in compliance with this User
Agreement.
TaBusca
E-Classifieds does not assume responsibility for the content or the
context of the listings.
Neither
TaBusca E-Classifieds nor any of its subsidiaries, employees, and
suppliers shall have any liability for the accuracy of the information
contained in the service, or the contents of any advertisements, or for
assertions or omissions therein.
In
no event shall TaBusca E-Classifieds total liability to you for all
damages, losses, and causes of action exceed the amount paid by you to
TaBusca E-Classifieds, if any, that is related to the cause of action.
TaBusca
E-Classifieds does not guarantee that sellers will complete the sale of
an item, or that buyers will go through with the purchase of an item;
the individual buyers and sellers take all risks.
TaBusca
E-Classifieds does not take responsibility for the quality of the items
presented herein and disclaims any warranties expressed or implied on
goods or services listed on the service.
Payment
terms are to be agreed upon between seller and buyer. TaBusca
E-Classifieds does not set or complete the payment terms of any
transaction.
TaBusca
E-Classifieds
subsidiaries, employees and suppliers provide the web site and services
"as is" and without any warranty or condition, expressed,
implied or statutory.
TaBusca
E-Classifieds
subsidiaries, employees and suppliers specifically disclaim any implied
warranties of title, merchantability, fitness for a particular purpose
and non-infringement.
You
agree to indemnify and hold TaBusca
E-Classifieds
and (as applicable) its parent, subsidiaries, affiliates, officers,
directors, agents, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of your breach of this Agreement or the documents it
incorporates by reference, or your violation of any law or the rights of
a third party.
In
no event shall we, our subsidiaries, employees or our suppliers be
liable for lost profits or any special, incidental or consequential
damages arising out of or in connection with our site, our services or
this agreement (however arising, including negligence).
In
the case that you have a dispute with one or more users, you release
TaBusca and our directors & employees from claims, demands and
damages 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.
We
do not sell or rent your personal information to third parties for
marketing purposes without your consent.
We
view protection of users' privacy as a very important community
principle. We understand clearly that you and your information is one of
our most important assets.
We
store and process your information on computers located in the United
States that are protected by physical as well as technological security
devices.
This
Agreement shall be governed in all respects by the laws of Aruba as such
laws are applied to agreements entered into and to be performed entirely
within Aruba between Aruban residents.
If
any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be
enforced.
You
agree that this Agreement and all incorporated agreements may be
automatically assigned by TaBusca, in our sole discretion, to a third
party in the event of a merger or acquisition.
Headings
are for reference purposes only. In no way headings define, limit,
construe or describe the scope or extent of such section.
Our
failure to act with respect to a breach by you or others does not waive
our right to act with respect to subsequent or similar breaches.
This
Agreement sets forth the entire understanding and agreement between you
and TaBusca
with respect
to the subject matter hereof.
You
and TaBusca are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship
is intended or created by this Agreement.
We
do not control the information provided by other users that is made
available through our system. You may find other user's information to
be offensive, harmful, inaccurate, or deceptive. Please use caution,
common sense, and practice safe trading when using our site. Please note
that there are also risks of dealing with underage persons or people
acting under false pretense.
Commercially available parental control tools are
available. They may assist you in limiting access to material that is
harmful to minors.
Sections “Fees and Services” with respect to
fees owed for our services, “Restricted Activities”, “Liability
Limitation” and “Indemnity” stay in force after any termination or
expiration of this Agreement.
The services hereunder are offered by TaBusca Inc. IO,
located at Catashi 6-O, Santa Cruz, Aruba.
The User Agreement below is effective for all users as from
October 1, 2002.
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