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Welcome to the zarpie.com terms and conditions for use of this Website (the "Terms & Conditions"). These terms and conditions are for all users, regardless of what country you live in. the terms & conditions describes the terms and conditions applicable to your use of our services available under the domain and any redirecting domains of www.zarpie.com (the "Site").
If you do not agree to be bound by the terms and conditions you may not access any page of our Website and should exit this Website immediately.
It is required that you read, agree with and accept all of the terms and conditions contained in the terms & conditions and the Privacy Policy before you may become a member of the zarpie.com Website. We strongly recommend that, as you read these terms & conditions, you also access and read the information contained in the other pages and Websites referred to in this document, as they may contain further terms and conditions that apply to you as user of the zarpie.com Website. By accepting the terms & conditions, you also agree that your future use of the zarpie.com Website will be governed by these terms & conditions and our Privacy Policy.
We may amend the terms & conditions from time to time by posting any amendments on the zarpie.com Website. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on this Site. The terms & conditions are effective upon registering for an account or using the Website without an account. By using zarpie.com you certify that you have read, agree with, and accept all of the terms and conditions contained in this document and the Privacy Policy.
If you are under 18 you may not access this Website without the consent of your parent(s) or legal guardian(s). They must read and agree with these terms & conditions and our Privacy Policy, and give you permission to use the Website before you use it in any way.
Membership Eligibility.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to members who have been banned by the zarpie.com Website administrator(s). If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you are registering for membership at the zarpie.com
Website for business/commercial use, you represent that you have the authority to bind the entity to the terms & conditions.
Fees and Services.
Zarpie.com membership is free. There are no fees to browse or use any available service except advertising. We may charge fees for certain services such as advertising as we deem appropriate. We may at our own discretion change some or all of our services at any time without prior notice.
Zarpie.com is a Service.
Zarpie.com is a Service. We allow you to view, upload and host content for free. Zarpie.com has absolutely no control over the safety or legality of the content found on the zarpie.com Website, nor do we monitor the truth or accuracy of the listings, the ability of advertisers to sell services or items or the ability of buyers or negotiators to pay for services or items advertised on the zarpie.com Website. We can offer no guarantee that any item sold will be paid for or that any item bought will be delivered (virtually or physically) as we are not related in any way to any advertiser. We do not transfer legal ownership of any merchandise or services from an advertiser to a buyer, or from a person or business giving something away, or from a person or business accepting someting being given away, and nothing in the terms & conditions shall modify the governing provisions under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the advertiser, including items which are free.
Identity Verification
We do not use techniques to verify the accuracy of the information our users provide us when they register because user verification on the Internet is difficult, and zarpie.com cannot and does not confirm each user's claimed identity.
Release
Because we are only offering a Service upon acceptance of the terms & conditions, in the event that you have a dispute with one or more users or any advertiser, you release zarpie.com (and our officers, directors, partners, agents, subsidiaries, joint ventures 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.
Information Control
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 safe practice safe when using the zarpie.com Website. Please note that there are also risks of dealing with underage persons, criminals, or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using zarpie.com you agree to accept such risks and zarpie.com is not responsible for the acts or omissions of users on or off of zarpie.com.
Uploading Content To Zarpie.com
You must be legally able to legally share any content you upload or enter on zarpie.com. All uploaded content must be listed in an appropriate category. If you are uploading something that is copyrighted and you are not the owner of the copyright you need permission from the owner of the copyright or their agent to upload the content to the Website. If we are notified by a copyright owner that content you uploaded to the site is not with any copyright owner's approval we have no choice but to delete the content from the site to protect the copyright holder.
Fraud and/or Illegal Activity
Without limiting any remedies, zarpie.com reserves the right to terminate your account if we suspect that you have engaged in fraudulent and/or illegal activity in connection with the Zarpie.com Website.
Intellectual Property Rights
The zarpie.com administrator(s) manually monitor uploaded content from time to time to ensure the uploaded files do not infringe upon the copyright, trademark or other rights of third parties. Any person can report listings that may infringe on another's rights, and request that such lisings be deleted or that users be banned.
Manipulation. Neither you, or any advertiser may manipulate the content of any page, including uploaded content, nor may you interfere with other user's profiles or information.
Member Information.
"Member Information" is defined as any information you provide to us or other users in the registration, profile editing, or listing comments, in any area (including through contact forms, email, or any Web pages). You are solely responsible for your Member Information, and you agree to hold us harmless for your online or offline distribution or listing of your Member Information, including your email address.
Restricted Activities
Your Member Information (or any uploaded content) and your activities on the Site shall not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or involve counterfeit or stolen content;
(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, antidiscrimination 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, shall be marked Private and shall be distributed only to people legally permitted to receive such content, who have given you prior permission to do so;
(g) contain any viruses, Trojan horses, worms 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 us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(i) link directly or indirectly to or include content or descriptions of goods or services that:
(j) are prohibited under this Agreement;
(k) or you do not have a right to link to or include information or images from another Website.
Furthermore, you may not list or upload any item, information or content on the Site that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited or Infringing Items.
Non-commercial Use
Zarpie.com listings are not to be used to promote traffic to another Website or to promote another business activity unless written permission is given by us, or unless you are a paying advertiser supporting our Website.
License
You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, trademark and database rights (but no other rights) you have within your Member Information or any content you upload or submit to zarpie.com, in any media now known or not currently known, with respect to your Member Information and any content.
Access and Interference.
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to us by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:
(i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the site that is not set up to be linked to through our Permalink or Embeddable code (except for your own Member Information) from the Site without the prior expressed written permission of zarpie.com and the appropriate third party, as applicable;
(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Breach
Without limiting other remedies, we may remove your content, warn our members of your actions, issue a warning, or terminate your membership and refuse to provide our services to you if: (a) you breach the terms & conditions or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our members, our users or us.
Privacy.
Our current Privacy Policy is available at http://www.zarpie.com/privacy.php If you object to our Privacy Policy please do not use our services.
No Warranty.
We, our subsidiaries, officers, directors, employees and our suppliers and service providers provide our Website and services "AS IS" and without any warranty or condition, express, implied or statutory. We, our subsidiaries, officers, directors, employees, suppliers and our service providers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from one jurisdiction to the next.
Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS 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 THE TERMS & CONDITIONS (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US (IF APPLICABLE) IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.00 U.S. DOLLARS.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, service providers, suppliers 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 the terms & conditions or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your uploading of content to zarpie.com.
No Agency.
You and zarpie.com are independent parties, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the terms & conditions.
Notices.
Except as explicitly stated otherwise, any notices shall be given by email from zarpie.com to the email address you provide to us during the registration process. Notice shall be deemed given 24 hours after email is sent.
Resolution of Disputes. In the event a dispute arises between you and zarpie.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or zarpie.com may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by an arbitrator in accordance with their applicable rules, or any other established dispute resolution provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction or where the defendant is located. You and zarpie.com agree to submit to the personal jurisdiction of the courts located within the county of Cook, State of Illinois.
Alternative Dispute Resolution. Alternatively, zarpie.com may consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Cook County, Illinois or another location mutually agreed upon by the parties.
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 17, the other party may recover attorneys' fees and costs up to $500, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
Additional Terms.
The following policies are incorporated into the terms & conditions by reference and provide additional terms and conditions related to specific services offered on the Site: Privacy Policy: http://www.zarpie.com/privacy.php
Any of our policies may be changed from time to time and are effective immediately after we post the changes on the Site. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into the terms & conditions.
General.
The terms & conditions shall be governed in all respects by the laws of the State of Illinois as such laws are applied to agreements entered into and to be performed entirely within Illinois. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of the terms & conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that the terms & conditions and all incorporated agreements may be automatically assigned by zarpie.com in accordance with Section 16 "Notices", in our sole discretion, Headings are for reference purposes only and in no way 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. The terms & conditions sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.4 (Release), 6.3 (License), 7 (Access and Interference), 12 (Liability Limit), 13 (Indemnity) and 17 (Resolution of Disputes) shall survive any termination or expiration of the terms & conditions.
Disputes between you and zarpie.com regarding our services may be reported to Customer Support by sending an email to help @ zarpie.com. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
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