This Agreement sets forth the Standard Terms and Conditions that apply to use of the Trademan site. YOUR USE OF THE TRADEMAN SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AND PRIVACY STATEMENT AND COOKIES POLICY AND ABUSE PROGRAM POLICIES AND ENFORCEMENTS AND SECURITY POLICY.
TERMS AND CONDITIONS
You agree to familiarize yourself with the Terms of Service, and abide by them if you choose to use the sites, or accept the services or benefits, to which such terms apply. Please note, Trademan is for the use by private individuals and paying commercial partners of Trademan. Companies, or others deemed to be acting in a commercial sense rather than merely as private advertisers, will be contacted to become commercial partners or risk removal from the website.
You agree to abide by all applicable local, national and international laws and regulations regarding your use of our service. You agree to not place ads regarding adult services, products, or containing adult content in any shape or form. You further agree to not place ads which contain slanderous or derogatory comments or content. Classified ads that violate these terms of service and/or our spam policy will be deleted and your account will be closed without warning and without refund.
Trademan reserves the right to remove any listings or advertisements for any reason at our sole discretion. Trademan, however, does not have the responsibility of reading and monitoring all listings and advertisements.
Our services are only available to individuals who can form legally binding contracts under applicable law. Our services are only available to minors under the supervision of the minor’s parent/legal guardian. By using this site you warrant that you are at least eighteen (18) years of age. Your account and User ID may not be transferred or sold to another party. You agree that, with respect to other users’ personally identifiable information that you obtain through the Site or through a Trademans’ related communication or Trademan-facilitated transaction, TRADEMAN hereby grants to you a license to use such information only for TRADEMAN related communications that are not unsolicited commercial messages and for completing the transaction in question. You warrant that the information you provide to us is complete, valid and honest. If you provide any information that is untrue, not current or incomplete, or TRADEMAN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TRADEMAN has the right to refuse any and all current or future use of the TRADEMAN (or any portion thereof) by you. You may only upload content that belongs solely to you. You agree that you will not upload any content that is in violation of any rights based on copyright or trademark.
Payments for purchases will be made by the Consumer directly to the Seller. TRADEMAN is not involved in the payment transaction between Consumer and Seller. TRADEMAN is not responsible for setting payment terms, collecting or ensuring payments. The parties need to reach an agreement on the pricing and the payment terms prior to the finalization of the transaction.
TRADEMAN is not involved in the actual transaction between the parties. As a result, TRADEMAN has no control over the quality, safety or legality of the goods, services or transaction. TRADEMAN has no control over payments made by the Consumer to the Seller. We cannot ensure that a transaction will actually be completed. TRADEMAN cannot and does not confirm each user’s purported identity. Any agreements are solely between the Consumer and the Seller. In the event that you have a dispute with one or more users, you release TRADEMAN (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and 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. If you are unsure about your purchase or sale, you are advised to seek the advice of competent legal counsel before you sign a contract or otherwise finalize the transaction.
CONTENTS OF MESSAGES
You are responsible for the contents of your messages and the consequences of any such messages. You agree that you will not use TRDEMAN for chain letters, junk mail, “spamming”, solicitations (commercial or noncommercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. You further agree not to use TRADEMAN to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. TRADEMAN reserves the right to terminate User’s account if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines.
ACCOUNT AND PASSWORD
You are responsible for maintaining the confidentiality of your account name and password. You are solely responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify TRADEMAN of any unauthorized use of your account.
By registering with TRADEMAN, you acknowledge that you are the rightful owner of the goods and/or services being offered for sale and acknowledge that if its later found that you’ve misrepresented ownership or self-identity TRADEMAN retains the right to forward all information to the Financial Crimes Unit and/or other sections of the RCIPS at our discretion. It is unlawful to misrepresent ownership and personal identity.
The links on the TRADEMAN Web Site may let you leave the TRADEMAN Web Site. You acknowledge that the linked sites are not under the control of TRADEMAN and TRADEMAN is not responsible for the contents or operation of any linked site or any link contained in a linked site, or any changes or any updates of such sites. TRADEMAN is not responsible for web casting or any other form of transmission received from any linked site. TRADEMAN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TRADEMAN of the linked site or any association with their operators.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the TRADEMAN Web Site you warrant to TRADEMAN that you will not use the TRADEMAN Web Site for any unlawful purpose.
Please note, TRADEMAN holds the rights in its absolute discretion to delete any adverts that are placed by commercial businesses that are non-official partners of TRADEMAN that may directly or indirectly be viewed by TRADEMAN to offer an unfair advantage over an official commercial partner of the EYECAY Group. TRADEMAN reserves the right to remove these adverts without prior warning.
TRADEMAN monitors usage of the site to protect its clients and users and will enforce limitations and/or block usage of the site by individuals and/or commercial enterprises that TRADEMAN determines in its sole discretion to be contrary to the spirit of the site, including but not limited to excessive use of the contact forms. TRADEMAN reserves the right to restrict and/or deny access without prior warning.
RIGHTS GRANTED TO TRADEMAN
By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the TRADEMAN Web Site, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant TRADEMAN the licenses set forth below. You hereby grant TRADEMAN and its affiliated companies permission to:
Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sub-license, create derivative works from, transfer, or sell any such communication.
Sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
Publish your name in connection with any such communication.
The foregoing grants shall include the right to exploit any intellectual property or proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. No compensation will be paid or due you with respect to TRADEMAN or its sub- licensee’s use of the materials contained within such communication. TRAEMAN is under no obligation to post or use any materials you may provide, and may remove such materials at any time in TRADEMAN sole discretion.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE TRADEMAN SERVICE PROVIDED IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TRADEMAN EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE TRADEMAN SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY TRADEMAN, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL TRADEMAN, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE TRADEMAN SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE TRADEMAN SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT TRADEMAN IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM AND ITS AFFILIATES.
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED US DOLLARS (US $100).
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
COPYRIGHT AND TRADEMARKS
All contents of the TRADEMAN Web Site are proprietary to TRADEMAN, and/or its suppliers and are protected under international Copyright and Trademark law. All rights are reserved. TRADEMAN reserves any rights not expressly granted herein.
TRADEMAN may, from time to time, send e-mail messages to Users regarding Users account and also for promotional purposes directly related to TRADEMAN and EYECAY Group websites and products. TRADEMAN may also provide your e-mail address to third parties, and/or send you promotional messages regarding third party services not directly related to TRADEMAN. It is in your sole discretion to request not to receive any such emails by checking on the appropriate forms on the login/registration sections of Trademan.com
The laws of The Cayman Islands shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction’s laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of The Cayman Islands.
If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of TRADEMAN, TRADEMAN is unable to perform in whole or in part its obligations as set forth in this Agreement, then TRADEMAN shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make TRADEMAN liable to the User.
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely – confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
You agree to defend, indemnify and hold harmless TRADEMAN against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys’ fees) arising from your violation of these Terms and Conditions or any third-party’s rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with TRADEMAN.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.
In the event of a merger or consolidation of TRADEMAN, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.
MODIFICATION OF TERMS
TRADEMAN reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the TRADEMAN Web Site. You are responsible for regularly reviewing these documents. Continued use of the TRADEMAN Web Site after any such changes shall constitute your consent to such changes TRADEMAN does not and will not assume any obligation to notify you of any changes to the Terms of Service