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Terms of Service:Site Terms of Service
Updated: Nov 9th 2005
READ THE ENTIRE AGREEMENT SET OUT IN THE PAGES BELOW.
OUR GOAL: Comexton Corporation is enabling its Members, Sellers, Buyers, Users and Advertisers/Sponsors to interact in more sophisticated and effective ways while maintaining its Members' privacy intact. Comexton Corporation provides e-comerse and management services and also delivers advertising and services through its vast network of publisher web sites (the "Comexton Corporation Network") which includes this site. Please read these terms and conditions carefully.
You ("You" or "Member") agree by using system to read and agree to the terms and conditions of this Agreement ("Agreement").
IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT INCLUDING THE PRIVACY POLICY, COMEXTON CORPORATION IS UNWILLING TO OFFER YOU THE SERVICE. YOU SHOULD LEAVE THE SITE.
Comexton Corporation know as ("Comexton Corp" or "we") may revise these terms from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted. Your continued use of the Service will signify your acceptance to the modified terms. Please review the terms on this website frequently to look for changes.
A.1.1) NATURE OF SITE. Comexton Corp. is not an Auctioneer or a seller. It is important to realize that we are never traditional "auctioneer." Instead, the Site acts as a venue to allow anyone to offer, sell, and buy just about anything in a variety of formats. Comexton Corp. is not involved in the actual transaction between buyers and sellers. As a result, we have no control over the availability, quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot and do not ensure that a buyer or seller will actually complete a transaction. And we do not transfer legal ownership of items from the seller to the buyer.
A.1.2) SUBMITTED INFORMATION. We do not control the information provided by users that is 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 the Site. Please note that there are also risks of dealing with underage persons, foreign nationals, people acting under false pretense or buying / selling of any kind. By using this Site, you agree to accept such risks and Comexton Corp. is not responsible for the acts or omissions of users on the Site.
A.1.3) BANNED ITEMS. The following types of items are banned from the site. You may not list them: Academic Software, Alcohol, Animals and Wildlife Products, Artifacts, Autographed Items, Beta Software, Bootleg Recordings, Celebrity Material, Cell Phone Service Contracts, Charity or Fund raising Listings, Contracts and Tickets, Counterfeit Currency and Stamps, Counterfeit Items, Credit Cards, Describing Drugs or Drug-like Substances, Drugs & Drug Paraphernalia, Electronics Equipment, Embargoed Goods, Encouraging Illegal Activity, Event Tickets, Names and Signatures, Firearms, Weapons and Knives, Food, Gift Cards, Government and Transit Documents, Uniforms, Government IDs and Licenses, Hazardous, Restricted, and Perishable Items, Human Parts and Remains, Lock picking Devices, Lottery Tickets, Mailing Lists and Personal Information, Manufacturers' Coupons, Mature Audiences, Medical Devices, Misleading Titles, Mod Chips, Game Enhancers, and Boot Discs, Movie Prints, Multi-level Marketing, Pyramid and Matrix Programs, OEM Software, Offensive Material, Pesticides, Plants and Seeds, Police-Related Items, Political Memorabilia, Postage Meters, Pre-Sale Listings, Prescription Drugs, Promotional Items, Real Estate, Recalled Items, Recordable Media, Replica and Counterfeit Items, Satellite and Cable TV Unscrambler's, Selling Art, Selling Coins, Slot Machines, Stocks and Other Securities, Stolen Property, Surveillance Equipment, Tobacco, Transit and Shipping Related Items, Travel, Unauthorized Copies, Used Clothing, Used Cosmetics, Warranties, Wine.
A.1.4) LIMITING ACTIONS. We may limit your activity, immediately remove your bids or item listings, warn our community of your actions, post notifications to our websites, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.; (d) for any other reason at our sole discretion.
A.1.5) BASIC REQUIREMENTS FOR MEMBERSHIP. To maintain a Membership in the Comexton Corporation Service, You must meet the following requirements and Comexton Corporation reserves the right to terminate the Membership of anyone who fails to meet these requirements on an ongoing basis. If your account is terminated, under no circumstances will you be paid for earnings that violate the terms of this membership agreement or for any earnings if your account balance is below $100:
A.1.6) You must be 18 years of age or older to participate. If you are between the ages of 13 to 17, you must obtain parental permission before using the Comexton Corporation service.
A.1.7) MEMBER ETIQUETTE. Member shall not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of any part of Comexton Corporations sites. Member shall not use robots or scripts with Comexton Corporation. Violation by member will result in termination of membership, loss of account balance and bar from future participation with the service of Comexton Corporation. Any decision made by Comexton Corporation relating to termination of membership in cases of suspected abuse or violation of its rules shall be final and binding.
A.2) ACTIVITY LEVEL. You must earn cash, place bids or accumulate charges in your Comexton Corporation account of at least $5.00 in any continuous 30 day period. A $5.00 inactivity fee will be applied. After 60 days of inactivity Comexton Corporation reserves the right to terminate your account at any time, resulting in the loss of any account balance.
A.3) APPROVED TERRITORIES. The Comexton Corporation Service is currently available only in the United States and Canada. You must be physically located within the United States or Canada while using the Comexton Corporation Service, be a legal resident of the United States or Canada and have a physical mailing address in the United States or Canada.
A.4) ONE ACCOUNT PER MEMBER. You may only sign up once and maintain one Membership in the Service. Comexton Corporation reserves the right to terminate duplicate accounts, resulting in the potential loss of accumulated credits;
A.5) PROVIDE ACCURATE INFORMATION. You must provide Comexton Corporation with valid contact and residential information and promptly update such information should it change or should additional information be required by Comexton Corporation for legitimate tax-related purposes or any other reason required by applicable law. Comexton Corporation reserves the right to request verification of, and member agrees to be subject to verification of, any of the information provided by member for enrollment with and continued use of the services provided by Comexton Corporation. You may not impersonate or misrepresent your identity. Comexton Corporation reserves the right to terminate any account, and associated membership, containing untruthful information. Comexton Corporation is not responsible for lost payments or communications due to your failure to provide Comexton Corporation with valid contact information as reasonably necessary;
A.6) ENROLLMENT. To the full extent allowed by applicable law, Comexton Corporation at its sole discretion and for any or no reason may refuse to accept applications for membership.
A.7) Comexton Corporation EMAILS. By signing up for Comexton Corporation, you are opting-in to receive Comexton Corporation about your account and information about the Comexton Corporation network, that should be transmitted to you.
A.8) ACCOUNTS ARE NON-TRANSFERABLE. Your password and account are personal to You and are not transferable; You may not allow anyone else to use Your password or account or to receive payments to You; You may not use anyone else's password or account or act to accrue earnings for anyone else's account; You are responsible for keeping Your password secret. Comexton Corporation will not be liable for losses that are incurred through the use of Your password by a third party or the disclosure of your password or account.
A.9) TERMINATION AND CANCELLATION. Comexton Corporation at its sole discretion and for any reason or no reason at all may terminate any Members without prior notice for (a) any violation of any provision of this Agreement; (b) aiding in or promoting circumvention of the Comexton Corporation Service; (c) acting against the business interests or reputation of Comexton Corporation; (d) otherwise acting unlawfully in relationship to Comexton Corporation, the Comexton Corporation website or the Comexton Corporation Service; (e) breach of any Policy; (f) inactivity (defined as the failure to earn, place bids or accumulate charges under $5.00 in your Comexton Corporation account) for a continuous 30 day period; (g) and violation of editorial guidelines; (h) creation of false activity or failing to report false activity known to member; or (i) any other reason at the discretion of Comexton Corporation. If your account is terminated by Comexton Corporation, You may not re-enroll or join under a new account unless formally invited to do so by Comexton Corporation. Account that expire from inactivity are normally invited to reapply in an e-mail notifying you of termination. You may cancel Your Membership at anytime by notifying Comexton Corporation at contact@Comexton Corporation or using the cancel feature (if available) on the Comexton Corporation website. If you decide to cancel Your membership and later wish to re-enroll, You will be assigned a new account number and You will not receive credit for anything done using Your previous account.
B. YOUR RELATIONSHIP TO Comexton Corporation. If using the Comexton Corporation web advertising network as an advertiser you are applying to receive a service. Your relationship to Comexton Corporation is one of an independent contractor and/or customer. No employee-employer relationship is created by Your use of the Service. You are fully responsible for filing local, state, or federal or any other taxes if applicable on any compensation received as a result of Your participation in the Service. When/If Your annual earnings through the Comexton Corporation Service reaches $250.00 through use of services, if needed Comexton Corporation will request Your Social Security number and other appropriate tax-related information to use to comply with federal and state/provincial tax regulations. If we require this information Comexton Corporation may not pay out credits without receiving this information from You.
C. NO TAMPERING. You agree not to tamper with the proper functioning and tracking of the Service. Emulating or "faking" usage and/or web site visits, will lead to termination of Your account and may lead to legal action.
C.1) YOU AGREE AND UNDERSTAND THAT ALTHOUGH Comexton Corporation WILL MAKE REASONABLE EFFORTS TO MAKE THE ACTIVITY DETECTION PROCESS FAIR AND CONSISTENT, Comexton Corporation DOES NOT GUARANTEE THE PRECISION OF THE PROCESS. YOU WILL ONLY BE CREDITED AMOUNTS FOR USAGE AS REASONABLY DETERMINED BY Comexton Corporation .
C.2) LIMITS. Comexton Corporation reserves the right to change limits at any time by posting the new limit on the Comexton Corporation website or modifying this agreement.
C.3) CREDITS MAY CHANGE. The amount of money that will be credited to Your account for your usage or usage of Your referrals, may vary. Comexton Corporation will compensate You according to the rates posted next to each usage listing as tracked by Comexton Corporation, subject to the limits herein.
D.1) RATES MAY CHANGE. The rates paid or charged for activities on Comexton Corporation or the Comexton Corporation network may change.
D.2) MEMBERS MAY NOT USE SPAM TO OBTAIN REFERRALS. You may not use unsolicited email, usenet, or message board postings ("SPAM") to gather referrals. (Usenet and message board spam are messages sent or posted which are unrelated to the topic of discussion of the particular news group or message board.) The use of spam to promote the Comexton Corporation service has strict negative consequences. Not only may Comexton Corporation terminate the Membership of any Member who in Comexton Corporation's reasonable opinion has used unsolicited email to gain referrals (a "Spammer"); Comexton Corporation will also sever the branch of the "referral tree" made up of direct and extended referrals obtained by the Spammer. The branch accounts (those under the Spammer) will not be terminated, but no one above the Spammer on the referral tree will benefit (e.g. receive paid search credits) from them. In addition, You may be subject to state, provincial and/or federal penalties or other legal consequences under applicable law if You send unsolicited email.
D.4) MARKETING CLAIMS. You agree not to make any misrepresentations to any of Your Referrals or potential Referrals with respect to compensation typically received by Comexton Corporation members or with respect to compensation or costs that potential members are likely to receive, and to fully comply with all applicable laws related to multi-level marketing programs.
D.5) TRADE MARKS. Comexton Corporation grants You a limited license to use the Comexton Corporation trademarks and tradename solely for the purpose of seeking legitimate referrals to the Comexton Corporation site. This license is subject to the terms and conditions of our trademark policy which may be varied by Comexton Corporation from time to time. All use of the Comexton Corporation trademarks and trade names shall be for the sole benefit of Comexton Corporation and You hereby agree to assign and do all things necessary to ensure that Comexton Corporation receives the benefit of such use or required by Comexton Corporation to protect its trademarks. Comexton Corporation also reserves the right to revoke this license on a selective basis. Improper use of the trademarks and/or tradename of Comexton Corporation is strictly prohibited and Comexton Corporation may terminate the account or cancel the membership of anyone who violates this policy.
E. ADVERTISERS QUALTIY. Comexton Corporation does not warranty, guarantee, or insure the quality of any product or service of any advertisement.
F. RECIEVEING PAYMENTS. Comexton Corporation may initiate alternative methods of payment (e.g. credit to a credit card) and reserves the right to charge a fee for mailing of checks or any other methods of transmitting currency.
G. MONITORING YOUR ACCOUNT BALANCE. You may view your account balance at the Comexton Corporation "Accounting Manager" web page. At this point, the account information is not updated in real-time as credits are accrued, but in 10 minute increments. Comexton Corporation will try to keep the amounts updated in a reasonable fashion.
H. YOUR RELATIONSHIP WITH ADVERTISERS. Your relationship with merchants or advertisers whom Comexton Corporation delivers offers for on both our publisher sites and Comexton Corporation, including payment for and delivery of related goods or services, entry into and operation of promotions, discounts or contests, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant or advertiser. You agree not to hold Comexton Corporation liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the content provided by such merchants or advertisers through the Service.
I. TERMINATION. If a Member's account is terminated by Comexton Corporation, Comexton Corporation may refuse to pay some or all of the amounts credited to the terminated Member's account if such amounts were earned in violation, or after violation, of this Agreement or were otherwise unlawfully obtained by the Member. Similarly, Comexton Corporation will have no obligation to pay a Member for amounts credited to the Member's account that were earned in violation or after violation of this Agreement by any of the Member's direct or extended referrals. If your account is terminated by Comexton Corporation, You may not re-enroll or join under a new account unless formally invited to do so by Comexton Corporation.
J. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Comexton Corporation EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Comexton Corporation MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
K. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER Comexton Corporation NOR ANY OF ITS MEMBERS, SUBSIDIARIES, PUBLISHERS, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Comexton Corporation 'S TOTAL CUMULATIVE LIABILITY TO ANY MEMBER UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO: AMOUNT PAID TO Comexton Corporation .
L. GOVERNING LAW AND OTHER TERMS. Any action related to this Agreement will be governed by Ontario law, excluding (1) principles of conflicts of laws, and (2) the United Nations Convention on Contracts for the International Sale of Goods. Any action relating to this Agreement shall be brought in the provincial or federal courts located in Ontario, and You hereby submit to the exclusive jurisdiction and venue thereof. You agree to comply with the laws of Ontario and Canada that apply to the use of this Service and the compensation You may receive. If the law of Your country, state, or province of residence prohibit or limit Your participation in this Service, then You are responsible for complying with such laws and you agree to indemnify Comexton Corporation against any breach. If any part of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Agreement is personal to You and You may not transfer, delegate, or assign this Agreement, your referral network, your Comexton Corporation account or other benefits you receive as a Comexton Corporation Member to anyone. Any attempt by You to assign or delegate this Agreement shall be null and void. Comexton Corporation may assign this Agreement at its sole discretion.
M. SECURITY To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, Comexton Corporation has used appropriate industry standard procedures to safeguard the confidentiality of Your personal information, such as a firewall. However, no data transmitted over the Internet can be 100% secure. As a result, while we strive to protect your personal information, Comexton Corporation cannot guarantee the security of any information that you transmit to us or receive from us You do so at Your own risk.
N. This Agreement constitutes the entire Agreement between You and Comexton Corporation in connection with general membership in Comexton Corporation and supersedes all prior agreements between the parties regarding the subject matter contained herein. If any provision of this AGREEMENT is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this AGREEMENT will remain in force. No failure of either party to exercise or enforce any of its rights under this AGREEMENT will act as a waiver of such rights.
O. Comexton Corporation retains all intellectual property rights to provided software, design, 'look and feel' used in the system. When making a feature request or suggestion you warrant the request does not infringe on the rights of others and all intellectual property rights are transfered to Comexton Corporation Use of the system transfers no rights to users of the system. Comexton Corporation and software are Copyright 2003-2005 Comexton Corporation. |
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