The Nintari.net User Agreement
Thank you for choosing Nintari.net. This document describes the terms and conditions on which Nintari.net ("We", "Us", "The Network", "Our") offers a user ("You", "Your", "Member") access to our services. If You have a question about these terms or our service, please contact us at support@nintari.net
PLEASE READ THE AGREEMENT CAREFULLY.
BY CHECKING THE BOX ON THE REGISTRATION PAGE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS (the "Terms").
This agreement was last revised on January 6, 2004.
1.0 Terms and Conditions
By completing the registration process, you agree to these Terms in full, and become a member of Nintari.net. If we change this agreement, a revised edition of this agreement will be posted at http://www.nintari.net/user_agreement/, and will automatically take effect 15 days after posting. Your continued use of the network following the posting of the revised agreement will constitute your acceptance of its Terms. If, at any time, you disagree with any terms or conditions in this Agreement, you must discontinue your use of the network.
2.0 Acceptance of Terms
OUR SERVICES ARE AVAILABLE ONLY TO INDIVIDUALS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. OUR SERVICES ARE NOT AVAILABLE TO CHILDREN. YOU MUST BE ABLE TO FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW TO COMPLETE A TRANSACTION. Minors under the age of 18 must have parental consent or that of Your legal guardian in order to propose or otherwise transact on our site. If You do not qualify, please do not use our services. Nintari.net may refuse our services to anyone at any time, at our sole discretion. Further, your Nintari.net account (including feedback) and User Id may not be transferred or sold to another party.
3.0 Nintari.net is Only a Venue
Our site acts as a venue for users to locate people to swap, buy and sell with and to negotiate the purchase, sale and exchange of goods and services. From time to time, and only in certain circumstances, Nintari.net may facilitate payments between Members by accepting payments from buyers and remitting payments to sellers (less certain transaction, shipping, and handling fees). Nintari.net will make reasonable attempts to ensure a complete and safe transaction between all parties. Because we do not own or handle the items listed on the site, we cannot ensure that all transactions will be completed. As a result, we do not have control over nor cannot verify or endorse the quality, safety or legality of the items being swapped, purchased, sold or otherwise traded, the truth or accuracy of listings, the ability and or intent of swappers, purchasers, sellers and traders to fulfill their obligations in a swap, purchase, sale or other form of trade agreement. We may use or license third party informational content or database to aid our users in their listings, but this information is provided "as is", without warranty or condition, express or implied, about its accuracy, completeness or other nature. Such informational content or databases may contain material that may be considered offensive, inappropriate or otherwise objectionable. In addition, please note that there are risks involved in dealing with foreign nationals, underage persons or people acting under false pretense. There are also increased risks involved in dealing with those whose identity is not verified. See Verified Members for more information.
4.0 Release
We are not involved in the actual transaction between Buyer and Seller, and we have no control over the quality, safety or legality of the items listed, or the transaction. We are not a guarantor of any transaction nor are we an escrow company. Therefore, in the event that you have a dispute with one or more members, you release Nintari.net and our parent, officers, directors, agents, subsidiaries, legal representatives and 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. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
5.0 Fees and Services
Membership in and using Nintari.net is free.
6.0 Promotions
Periodically, Nintari.net may host contests, giveaways or other promotional events (the "Promotions"). Subject to local laws and regulations, or other restrictions, registered members may become automatically eligible for such Promotions. Each such Promotion is subject to Official Rules and Regulations. If, at any time, You choose not to become eligible for such Promotions, please notify us by either 1) sending an email to support@nintari.net or 2) sending a letter, stating Your intentions, to Customer Service, Nintari.net, 1568 Merivale Road, Suite 253, Ottawa, ON K2G 5Y7 CANADA.
7.0 Participation in Nintari.net Forums
Your participation in Nintari.net community Forums (message boards, chat rooms, etc.) currently or in the future indicates Your agreement to the rules of conduct, Terms and Conditions of those Forums. Failure to comply with Forum terms and conditions may result in a revocation of rights to participate in those Forums or even cancellation of Your Nintari.net membership.
8.0 Refund Policy
For transactions involving credit card payment, sellers can issue full refunds for buyers, including original shipping costs.
When a buyer purchases an item using a credit card, Nintari.net charges the buyer's credit card and passes on payment--less a commission--to the seller. For the buyer to secure a refund equivalent to the buyer's initial purchase price and shipping costs, the seller must issue a refund online at Nintari.net.
In any case where a refund is necessary--such as when the seller is out of stock or cannot ship--it is the responsibility of the seller to issue that refund for the full amount of purchase. We provide sellers with instructions about how to issue refunds.
Once the refund (for the full purchase amount) has successfully been issued, the funds will be deducted from the seller's account and deposited into the buyer's credit card account. Note that the commission fee originally charged to the seller will not be refunded to the seller.
9.0 Your Information and Content
Your information includes any information You provide to us or other users during the registration, swapping, purchase, sale, or other trading or listing process, in any public message area, instant message, or through any email feature ("Your Information").
This Agreement shall be governed in all respects by the laws of the Province of Ontario as such laws are applied to agreements entered into and to be performed entirely within Ontario between Ontario 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. 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. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
15.0 More About Us
The services hereunder are offered by Nintari.net.
support@nintari.net
Thank you for choosing Nintari.net. This document describes the terms and conditions on which Nintari.net ("We", "Us", "The Network", "Our") offers a user ("You", "Your", "Member") access to our services. If You have a question about these terms or our service, please contact us at support@nintari.net
PLEASE READ THE AGREEMENT CAREFULLY.
BY CHECKING THE BOX ON THE REGISTRATION PAGE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS (the "Terms").
This agreement was last revised on January 6, 2004.
1.0 Terms and Conditions
By completing the registration process, you agree to these Terms in full, and become a member of Nintari.net. If we change this agreement, a revised edition of this agreement will be posted at http://www.nintari.net/user_agreement/, and will automatically take effect 15 days after posting. Your continued use of the network following the posting of the revised agreement will constitute your acceptance of its Terms. If, at any time, you disagree with any terms or conditions in this Agreement, you must discontinue your use of the network.
2.0 Acceptance of Terms
OUR SERVICES ARE AVAILABLE ONLY TO INDIVIDUALS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. OUR SERVICES ARE NOT AVAILABLE TO CHILDREN. YOU MUST BE ABLE TO FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW TO COMPLETE A TRANSACTION. Minors under the age of 18 must have parental consent or that of Your legal guardian in order to propose or otherwise transact on our site. If You do not qualify, please do not use our services. Nintari.net may refuse our services to anyone at any time, at our sole discretion. Further, your Nintari.net account (including feedback) and User Id may not be transferred or sold to another party.
3.0 Nintari.net is Only a Venue
Our site acts as a venue for users to locate people to swap, buy and sell with and to negotiate the purchase, sale and exchange of goods and services. From time to time, and only in certain circumstances, Nintari.net may facilitate payments between Members by accepting payments from buyers and remitting payments to sellers (less certain transaction, shipping, and handling fees). Nintari.net will make reasonable attempts to ensure a complete and safe transaction between all parties. Because we do not own or handle the items listed on the site, we cannot ensure that all transactions will be completed. As a result, we do not have control over nor cannot verify or endorse the quality, safety or legality of the items being swapped, purchased, sold or otherwise traded, the truth or accuracy of listings, the ability and or intent of swappers, purchasers, sellers and traders to fulfill their obligations in a swap, purchase, sale or other form of trade agreement. We may use or license third party informational content or database to aid our users in their listings, but this information is provided "as is", without warranty or condition, express or implied, about its accuracy, completeness or other nature. Such informational content or databases may contain material that may be considered offensive, inappropriate or otherwise objectionable. In addition, please note that there are risks involved in dealing with foreign nationals, underage persons or people acting under false pretense. There are also increased risks involved in dealing with those whose identity is not verified. See Verified Members for more information.
4.0 Release
We are not involved in the actual transaction between Buyer and Seller, and we have no control over the quality, safety or legality of the items listed, or the transaction. We are not a guarantor of any transaction nor are we an escrow company. Therefore, in the event that you have a dispute with one or more members, you release Nintari.net and our parent, officers, directors, agents, subsidiaries, legal representatives and 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. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
5.0 Fees and Services
Membership in and using Nintari.net is free.
6.0 Promotions
Periodically, Nintari.net may host contests, giveaways or other promotional events (the "Promotions"). Subject to local laws and regulations, or other restrictions, registered members may become automatically eligible for such Promotions. Each such Promotion is subject to Official Rules and Regulations. If, at any time, You choose not to become eligible for such Promotions, please notify us by either 1) sending an email to support@nintari.net or 2) sending a letter, stating Your intentions, to Customer Service, Nintari.net, 1568 Merivale Road, Suite 253, Ottawa, ON K2G 5Y7 CANADA.
7.0 Participation in Nintari.net Forums
Your participation in Nintari.net community Forums (message boards, chat rooms, etc.) currently or in the future indicates Your agreement to the rules of conduct, Terms and Conditions of those Forums. Failure to comply with Forum terms and conditions may result in a revocation of rights to participate in those Forums or even cancellation of Your Nintari.net membership.
8.0 Refund Policy
For transactions involving credit card payment, sellers can issue full refunds for buyers, including original shipping costs.
When a buyer purchases an item using a credit card, Nintari.net charges the buyer's credit card and passes on payment--less a commission--to the seller. For the buyer to secure a refund equivalent to the buyer's initial purchase price and shipping costs, the seller must issue a refund online at Nintari.net.
In any case where a refund is necessary--such as when the seller is out of stock or cannot ship--it is the responsibility of the seller to issue that refund for the full amount of purchase. We provide sellers with instructions about how to issue refunds.
Once the refund (for the full purchase amount) has successfully been issued, the funds will be deducted from the seller's account and deposited into the buyer's credit card account. Note that the commission fee originally charged to the seller will not be refunded to the seller.
9.0 Your Information and Content
Your information includes any information You provide to us or other users during the registration, swapping, purchase, sale, or other trading or listing process, in any public message area, instant message, or through any email feature ("Your Information").
9.1 You are Responsible
You are solely responsible for Your Information, and we act as a passive conduit for Your online distribution and publication of Your Information. However, we may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs) or other suppliers.
9.2 Rules about Content
You agree that Your Information and the items You offer for swap, purchase, sale, or other trade on Nintari.net:
You agree that You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Nintari.net site or any swap, purchase, sale or other transaction that is conducted on our site. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real-time basis and is proprietary or is otherwise licensed to Nintari.net by our users or third parties. You agree that You will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your information) from our website with the prior expressed written permission of Nintari.net or the appropriate third party.
9.4 Prohibited Items
You may not post on our site or swap, purchase, sell or otherwise trade through our site any item that could cause us to violate any applicable law, statute, ordinance or regulation.
9.5 Indemnification
You will indemnify, defend and hold us harmless if we get sued by a third party which suit arises out of Your breach of the Section entitled Your Information and Content.
9.6 The License You Grant to Us
You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) You have in Your Information, in any media now known or not currently known, for the purpose of offering our Services.
9.7 Privacy
Nintari.net will only use Your Information in accordance with our Privacy Policy. The complete terms of our Privacy Policy are part of this agreement so You should read it. Please note that when You voluntarily disclose personal information in Nintari.net's swapping and trading areas, that information can be collected and used by others.
10.0 The Trading ProcessYou are solely responsible for Your Information, and we act as a passive conduit for Your online distribution and publication of Your Information. However, we may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs) or other suppliers.
9.2 Rules about Content
You agree that Your Information and the items You offer for swap, purchase, sale, or other trade on Nintari.net:
- will not be fraudulent or involve the sale of counterfeit or stolen items;
- will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy (See our Copyright Policy for more information);
- will not violate any law, statute, ordinance or regulation (including but not limited to those regarding governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- will not be obscene or contain child pornography;
- will not contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
- will not link directly or indirectly to or include descriptions of goods or services that: (i) are prohibited under this Agreement; or (ii) You do not have a right to link to or include.
You agree that You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Nintari.net site or any swap, purchase, sale or other transaction that is conducted on our site. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real-time basis and is proprietary or is otherwise licensed to Nintari.net by our users or third parties. You agree that You will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your information) from our website with the prior expressed written permission of Nintari.net or the appropriate third party.
9.4 Prohibited Items
You may not post on our site or swap, purchase, sell or otherwise trade through our site any item that could cause us to violate any applicable law, statute, ordinance or regulation.
9.5 Indemnification
You will indemnify, defend and hold us harmless if we get sued by a third party which suit arises out of Your breach of the Section entitled Your Information and Content.
9.6 The License You Grant to Us
You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) You have in Your Information, in any media now known or not currently known, for the purpose of offering our Services.
9.7 Privacy
Nintari.net will only use Your Information in accordance with our Privacy Policy. The complete terms of our Privacy Policy are part of this agreement so You should read it. Please note that when You voluntarily disclose personal information in Nintari.net's swapping and trading areas, that information can be collected and used by others.
10.1 Listing an Item
Listings are text descriptions, graphics and/or pictures or annotations using the services on Nintari.net's web site supplied by You that either; (a) describes an item You Have that You would like to swap, sell, buy or trade, or (b) describes an item that You are looking for and Want to obtain (swap, purchase or trade). You may post either or both of these listing types of listings on Nintari.net's site, provided that You place such listings in an appropriate category. Nintari.net also enables You to list an item by using Click2List, thereby allowing You to list an item by denoting Your preference (Want or Have) from a range of choices which parameters You determine. Nintari.net is not responsible for the accuracy or content of listings.
10.2 Negotiating a Trade
Swappers, Buyers and Sellers on Nintari.net negotiate with each other through the process of formulating offers to swap, purchase, sell, or trade and counteroffers to swap, purchase, sell, or trade. Acceptance of an offer or counteroffer by all parties constitutes an obligation for all parties involved to complete the transaction, and an acceptance by all parties of the service fees levied by Nintari.net on such transaction. Acceptances and offers that have been accepted are not retractable except in exceptional circumstances such as a user materially changing the description of an item after Your offer was made, clear typographical errors, gross errors in our database, a counter-party fails to meet the terms of the transaction (such as payment method), or when You can not authenticate the identity of an user involved in the trade. In all instances decisions are made at the sole discretion of Nintari.net.
10.3 Handling Disputes
In the event that You have a dispute with one or more Members, you must follow our dispute resolving guidelines detailed in our Dispute Resolution Policy. Nintari.net may attempt to resolve disputes between parties, but cannot guarantee that all disputes will be settle to the satisfaction of all parties. In the event that You have a dispute with one or more users, You release Nintari.net (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Use Common Sense - Buy, Sell and Swap Safely. We cannot nor do we try to control the information provided by other users which is made available through our system. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution -- and common sense -- when using our site. We always encourage our users to Swap and Trade Safely.
11.0 The Trading SystemListings are text descriptions, graphics and/or pictures or annotations using the services on Nintari.net's web site supplied by You that either; (a) describes an item You Have that You would like to swap, sell, buy or trade, or (b) describes an item that You are looking for and Want to obtain (swap, purchase or trade). You may post either or both of these listing types of listings on Nintari.net's site, provided that You place such listings in an appropriate category. Nintari.net also enables You to list an item by using Click2List, thereby allowing You to list an item by denoting Your preference (Want or Have) from a range of choices which parameters You determine. Nintari.net is not responsible for the accuracy or content of listings.
10.2 Negotiating a Trade
Swappers, Buyers and Sellers on Nintari.net negotiate with each other through the process of formulating offers to swap, purchase, sell, or trade and counteroffers to swap, purchase, sell, or trade. Acceptance of an offer or counteroffer by all parties constitutes an obligation for all parties involved to complete the transaction, and an acceptance by all parties of the service fees levied by Nintari.net on such transaction. Acceptances and offers that have been accepted are not retractable except in exceptional circumstances such as a user materially changing the description of an item after Your offer was made, clear typographical errors, gross errors in our database, a counter-party fails to meet the terms of the transaction (such as payment method), or when You can not authenticate the identity of an user involved in the trade. In all instances decisions are made at the sole discretion of Nintari.net.
10.3 Handling Disputes
In the event that You have a dispute with one or more Members, you must follow our dispute resolving guidelines detailed in our Dispute Resolution Policy. Nintari.net may attempt to resolve disputes between parties, but cannot guarantee that all disputes will be settle to the satisfaction of all parties. In the event that You have a dispute with one or more users, You release Nintari.net (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Use Common Sense - Buy, Sell and Swap Safely. We cannot nor do we try to control the information provided by other users which is made available through our system. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution -- and common sense -- when using our site. We always encourage our users to Swap and Trade Safely.
11.1 No Trade Manipulation
You agree to not use a shill (a secondary account or third party) to manipulate the outcome including but not limited to the use of false or otherwise misleading transactions, feedback or information of a negotiation with another member.
11.2 System Integrity
You agree that You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Nintari.net site or any trade being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share Your password to any third parties or use Your password for any unauthorized purpose.
11.3 Feedback
You may not take any actions which may undermine the integrity of the feedback system, such as: leaving positive feedback for Yourself using secondary User IDs or third parties; leaving negative feedback for other users using secondary accounts or third parties (feedback bombing); or leaving negative feedback if a user fails to perform some action that is outside the scope of the trade (feedback extortion). If You continue to earn and maintain a negative net feedback rating, or, upon investigation, it has been determined that You have otherwise abused the feedback system, Nintari.net, at its sole discretion, reserves the right to suspend Your swapping, trading and other transacting privileges. Leaving vulgar, obscene, inflammatory or threatening feedback will result in Your immediate suspension.
11.4 Export of Feedback Ratings
You acknowledge that Your feedback consists of comments left by other members and a composite feedback profile compiled by Nintari.net, and that the profile without the comments does not convey Your full user profile. Because feedback ratings are not designed for any purpose other than facilitating swaps or other transactions between Nintari.net members, You agree that You will not market or export Your Nintari.net feedback rating in any other venue other than Nintari.net.
11.5 Import of Feedback Ratings
We do not support the ability to allow You to import feedback from other websites to Nintari.net because a composite rating, without the corresponding and relevant comments and feedback, does not reflect Your true online reputation within the Nintari.net member community.
12.0 General Legal TermsYou agree to not use a shill (a secondary account or third party) to manipulate the outcome including but not limited to the use of false or otherwise misleading transactions, feedback or information of a negotiation with another member.
11.2 System Integrity
You agree that You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Nintari.net site or any trade being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share Your password to any third parties or use Your password for any unauthorized purpose.
11.3 Feedback
You may not take any actions which may undermine the integrity of the feedback system, such as: leaving positive feedback for Yourself using secondary User IDs or third parties; leaving negative feedback for other users using secondary accounts or third parties (feedback bombing); or leaving negative feedback if a user fails to perform some action that is outside the scope of the trade (feedback extortion). If You continue to earn and maintain a negative net feedback rating, or, upon investigation, it has been determined that You have otherwise abused the feedback system, Nintari.net, at its sole discretion, reserves the right to suspend Your swapping, trading and other transacting privileges. Leaving vulgar, obscene, inflammatory or threatening feedback will result in Your immediate suspension.
11.4 Export of Feedback Ratings
You acknowledge that Your feedback consists of comments left by other members and a composite feedback profile compiled by Nintari.net, and that the profile without the comments does not convey Your full user profile. Because feedback ratings are not designed for any purpose other than facilitating swaps or other transactions between Nintari.net members, You agree that You will not market or export Your Nintari.net feedback rating in any other venue other than Nintari.net.
11.5 Import of Feedback Ratings
We do not support the ability to allow You to import feedback from other websites to Nintari.net because a composite rating, without the corresponding and relevant comments and feedback, does not reflect Your true online reputation within the Nintari.net member community.
12.1 Breach
What Happens if You Break the Rules? Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate Your membership, any of Your current listings, Your swapping, buying and selling privileges and any other information You place on the site if You, a) breach this Agreement or the documents it incorporates by reference or, b) if we are unable to verify or authenticate any information You provide to us or, c) if we believe that Your actions may cause legal liability for You, our users, or us. Furthermore, without limitations, Nintari.net may suspend or terminate Your account if You are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.
12.2 The Service is Provided "As Is"
We are focused upon enhancing our user and member experience, and we will try very hard to make Your experience with Nintari.net a pleasurable one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service interruptions. For this reason, You agree that Nintari.net's services are provided "AS-IS". We cannot assume responsibility for the timeliness, deletion, mis-delivery or failure to store any user data, communications or personalization settings. WE AND OUR SUPPLIERS PROVIDE THE Nintari.net WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states and/or provinces 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 which vary from state to state.
12.3 Limit of Liability
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states and/or provinces do not allow the limitation of liability, so the foregoing limitation may not apply to You.
12.4 General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding Your use of our service and the contractual obligations related to Your swapping, trading, listing, purchase and sale of items.
12.5 No Agency
You and Nintari.net are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
12.6 Notices
Except as explicitly stated otherwise, any notices shall be given by email to support@nintari.net (in the case of Nintari.net) or to the email address You provide to Nintari.net during the registration process (in Your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Nintari.net during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
12.7 Arbitration
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Canadian Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitrary shall be conducted in Ottawa, Ontario, Canada and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either You or Nintari.net may seek any interim or preliminary relief from a court of competent jurisdiction in Ottawa necessary to protect the rights or property of You or Nintari.net pending the completion of arbitration.
13.0 Additional TermsWhat Happens if You Break the Rules? Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate Your membership, any of Your current listings, Your swapping, buying and selling privileges and any other information You place on the site if You, a) breach this Agreement or the documents it incorporates by reference or, b) if we are unable to verify or authenticate any information You provide to us or, c) if we believe that Your actions may cause legal liability for You, our users, or us. Furthermore, without limitations, Nintari.net may suspend or terminate Your account if You are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.
12.2 The Service is Provided "As Is"
We are focused upon enhancing our user and member experience, and we will try very hard to make Your experience with Nintari.net a pleasurable one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service interruptions. For this reason, You agree that Nintari.net's services are provided "AS-IS". We cannot assume responsibility for the timeliness, deletion, mis-delivery or failure to store any user data, communications or personalization settings. WE AND OUR SUPPLIERS PROVIDE THE Nintari.net WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states and/or provinces 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 which vary from state to state.
12.3 Limit of Liability
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states and/or provinces do not allow the limitation of liability, so the foregoing limitation may not apply to You.
12.4 General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding Your use of our service and the contractual obligations related to Your swapping, trading, listing, purchase and sale of items.
12.5 No Agency
You and Nintari.net are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
12.6 Notices
Except as explicitly stated otherwise, any notices shall be given by email to support@nintari.net (in the case of Nintari.net) or to the email address You provide to Nintari.net during the registration process (in Your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Nintari.net during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
12.7 Arbitration
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Canadian Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitrary shall be conducted in Ottawa, Ontario, Canada and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either You or Nintari.net may seek any interim or preliminary relief from a court of competent jurisdiction in Ottawa necessary to protect the rights or property of You or Nintari.net pending the completion of arbitration.
13.1 Privacy Guarantee
Our Privacy Guarantee is available at http://www.nintari.net/privacy_guarantee/. We may change our Privacy Guarantee from time to time and our changes are effective after we provide You with at least fourteen (14) days, notice of the changes by posting the changes on our site and sending email to members who choose to select such notification. Continued use of our site after such time denotes Your acceptance and approval of such changes.
14.0 GeneralOur Privacy Guarantee is available at http://www.nintari.net/privacy_guarantee/. We may change our Privacy Guarantee from time to time and our changes are effective after we provide You with at least fourteen (14) days, notice of the changes by posting the changes on our site and sending email to members who choose to select such notification. Continued use of our site after such time denotes Your acceptance and approval of such changes.
This Agreement shall be governed in all respects by the laws of the Province of Ontario as such laws are applied to agreements entered into and to be performed entirely within Ontario between Ontario 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. 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. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
15.0 More About Us
The services hereunder are offered by Nintari.net.
support@nintari.net
© 2008 Nintari.net
All rights reserved.
All rights reserved.
