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Introduction
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The terms thebranz and thebranz.com are used in this document (or Agreement) to
refer to the Web site itself and thebranz, the company
which owns and operates the thebranz.com website.
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This document covers the terms and conditions under which these services are provided
and the privacy policy of the site.
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Your registration as a member of TheBranz
.com or the use of any of the features and services on thebranz .com either as a
registered member or as an unregistered visitor constitutes acceptance of these
terms and conditions and the privacy policy defined herein. These terms and conditions
apply automatically to any new service or feature introduced on TheBranz .com.
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If you do not agree with any of the terms and conditions or with the privacy policy
of thebranz .com, you are NOT granted rights to use Www.thebranz.com services and
must not register as a member of thebranz .com or use any of its services.
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thebranz .com reserves the right to update the terms, conditions and notices of
this agreement without notice to you. It is your responsibility to periodically
review the most current version of this Agreement, as your continued use of thebranz
.com signifies your acceptance of any changed terms.
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This Agreement constitutes the entire agreement between you and thebranz .com and
governs your use of the thebranz .com Service, superseding any prior agreements
between you and thebranz .com.
- thebranz
.com is entitled to assign this agreement,
and all rights and obligations hereunder, to a successor to all or any of its assets,
whether by sale, merger or otherwise. These terms shall be binding upon and shall
inure to the benefit of the parties hereto and their respective representatives,
heirs, administrators, successors and permitted assigns except as otherwise provided
herein.
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Terms of Serivce
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thebranz .com is a service provider as defined in the Information
and technology act . Thebranz .com is an interactive computer service. We
do not control the truth or accuracy of content posted or the safety, or legality
of the items advertised or sold. You may find other users' information or advertisements
posted to be offensive, harmful, inaccurate or deceptive. The views and details
expressed on the website are not those of thebranz.com and any errors or omissions
in them belong to the respective contributors / copyright holders. Through the use
of this site, you agree to hold harmless thebranz.com and its sponsors, owners,
shareholders or employees against any and all claims related to the opinions expressed
by others.
The remainder of this document covers
the specific terms and conditions under which each major service category of thebranz.com
are provided for your use. It is your responsibility to make sure you read and understand
this document before using any thebranz.com service. Please do not contribute to
thebranz.com in any manner unless you have carefully read and agree with all of
these terms.
Accessing and
Transmitting thebranz.com Content
All the content available for public
access on www.thebranz.com is protected by copyright. Your use of this material
must adhere to the following terms, unless you are the original contributor of the
content to www.thebranz.com, in which case your use is governed by the terms governing
TheBranz’s relationship with its contributors as covered below.
- You may download and print a single copy of any content
item for your personal, non-commercial use. Content items are included, but are
not restricted to articles, columns, photographs, complete Coffeehouse posts and
reader comments on articles.
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You may not modify any content you download or print from www.thebranz.com. You
must retain all copyright notices and logos on any content item you download or
print.
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You may not make any content item originating from www.thebranz.com available for
public access by any means whatsoever without obtaining prior written permission
from www.thebranz.com.
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You may forward Internet URLs (Uniform Resource Locators) to third parties for private,
non-commercial use, along with brief extracts that do not violate Fair Use guidelines.
- You may post, or otherwise make publicly
available, excerpts from www.thebranz.com content items, in any publicly accessible
forum, so long as they follow standard Fair Use guidelines and www.thebranz.com
is cited alongside the excerpt as the original source with a link back to www.thebranz.com.
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Contributing Content
to www.thebranz.com
In addition to being a social and professional
networking site that connects people, www.thebranz.com also provides a variety of
forums for its members to express themselves in the form of articles, columns, opinions,
comments, reviews, art and photographs. www.thebranz.com provides value to its contributors
by making available to them its vast global audience reach.
The terms in this section apply to
all the content contributed to www.thebranz.com in any of its various services and
forums.
- You truthfully assert that the content being contributed
is your creation and that you own the copyright to the content. Unless you have
deliberately assigned the copyright to someone else, you automatically own the copyright
to all of your original creations.
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You truthfully assert you have not infringed on anybody else's copyright in the
creation of this article.
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We are not responsible or liable for loss if visitors to the site violate your copyright
and distribute your copyrighted content without your permission.
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You may, however, publish the content you contribute to Www.thebranz.com, on your
personal, non-commercial Web site if you possess one.
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You will not receive any monetary compensation for your submissions. The only in-kind
compensation we promise is exposure on the World Wide Web and a home for your expression
on the web.
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You grant us the right to organize, categorize, collate your contributed content
and present it on the website in any manner we see fit. We may remove or edit your
contribution at our discretion without having to secure your permission. We will
however make reasonable efforts to inform you of the changes.
- You agree to state Www.thebranz.com.com
as the previous publisher prominently in case you print your article in an offline
magazine.
While you are on the site and engaged
in any form of communication on any of the forums, you agree NOT to:
- Upload or post or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, libelous, promotes violence, is invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable; impersonate any person or entity,
including, but not limited to, a www.thebranz.com official, forum leader, guide
or host, or falsely state or otherwise misrepresent your affiliation with a person
or entity;
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Forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Content transmitted;
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Upload or post otherwise make available any Content that you do not have a right
to make available, under any law or under contractual or fiduciary relationships
(such as inside, proprietary or confidential information, learned or disclosed as
part of employment relationships or under nondisclosure agreements);
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Upload or post or otherwise make available any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any party. You
may, however, post excerpts of copyrighted material so long as they adhere to Fair
Use guidelines.
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Upload or post or otherwise make available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of business solicitation. Repeated postings of a promotional nature
are considered abuse of the forums. Businesses or individuals wishing to advertise
on the www.thebranz.com website should contact us at this address.
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Upload or post or otherwise make available any material that contains software viruses
or any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or telecommunications
equipment;
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Disrupt the normal flow of dialogue by repeatedly posting the same or similar material,
or otherwise acting in a manner that negatively affects other users' ability to
engage in exchanges;
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Violate any applicable local, state, national or international law, including, any
rules of any national or other securities exchange, including, without limitation
and any regulations having the force of law
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"Stalk" or otherwise harass another user; Collect or store personal data about other
users either manually or by means of automated software tools; Promote illegal activities;
inhibit other users from using and enjoying the unedited forums.
- Post classifieds advertisements that
contain untruthful representations, deceptive practices, inducements to commit any
illegal activity.
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Using
www.thebranz.com Services
This Section covers the terms under
which various www.thebranz.com services, including, but not limited to, link forwarding
services, event information, and any information available on www.thebranz.com,
are made available to you.
You agree that:
- www.thebranz.com may electronically block or otherwise
deny access to the www.thebranz.com Web site, to any user deemed to be in violation
of any of the terms in this document.
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www.thebranz.com is not obliged to ensure that the Web site is available to all
users at all times. While we make all attempts to deny access only to those individuals
who violate www.thebranz.com regulations, we are occasionally forced to use access
denial methods that cause a disruption in access for other users.
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www.thebranz.com is not responsible for a loss of access to www.thebranz.com services
due to failure of networks connected to the Internet, or any other temporary hardware
or software failure.
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www.thebranz.com reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice.
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A possibility exists that the Site could include inaccuracies or errors. Additionally,
a possibility exists that unauthorized additions, deletions and alterations could
be made by third parties to the Site. Although www.thebranz.com attempts to ensure
the integrity and the accuracy of the Site, it makes no guarantees whatsoever as
to the correctness or accuracy of the Site. In the event that such an inaccuracy
arises, please inform www.thebranz.com by emailing
admin@thebranz.com so that it can be
corrected.
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This Site may contain links to other Web sites operated by third parties ("Linked
Sites"). You acknowledge that, when you click on a link to visit a Linked Site,
a frame may appear that contains the www.thebranz.com logo, advertisements and/or
other content selected by www.thebranz.com. You acknowledge that www.thebranz.com
and its sponsors neither endorse nor are affiliated with the Linked Site and are
not responsible for any content that appears on the Linked Site. You also acknowledge
that the owner of the Linked Site neither endorses nor is affiliated with www.thebranz.com
and its sponsors.
Using Www.thebranz.com Classifieds
or Marketplace Services
Www.thebranz.com provides Www.thebranz.com
Classifieds as a service to enable its users to connect with one another. Www.thebranz.com
provides the platform but does not directly participate in, nor is it involved in
any Classifieds transactions. Please keep in mind that Classifieds are posted not
by Www.thebranz.com, but users of Www.thebranz.com. Users of this service are responsible
for all aspects of the transactions in which they choose to participate. Www.thebranz.com
requires a user to register before posting a classifieds ad but does not screen
or control users who may sell or buy on Classifieds, nor does Www.thebranz.com review
or authenticate all listings, items, or services offered for sale. Www.thebranz.com
have no control over the 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 buy items. Therefore, users of this service should be aware that:
- Sellers and buyers are completely responsible for working
out the sale and exchange of goods or services. They must resolve any disputes that
may arise in their dealings.
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Sellers and buyers are responsible for researching and complying with any applicable
laws, regulations or restrictions on items, services, or manner of sale or exchange
that may pertain to transactions in which they participate.
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Sellers and buyers are responsible for all applicable taxes and for all costs incurred
by participating in Www.thebranz.com Classifieds.
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Www.thebranz.com will not be liable for any damages of any kind incurred as a result
of the information contained in the Www.thebranz.com Classifieds or the use of Www.thebranz.com
Classifieds
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Users may not use or manipulate this service for any fraudulent activity or purpose.
Items or services offered for sale must comply with applicable laws
- Classifieds service users may not post
the same ad in multiple places. Www.thebranz.com may take action to delete the classifieds
ads and/or Www.thebranz.com user accounts that we believe are misusing this service.
Prohibited spam or otherwise impermissible marketing activities in Www.thebranz.com
Classifieds may include, but are not limited to, the following:
- Posting an ad that is unrelated to the
category in which the ad is placed.
- Posting identical ads in the same category
and location.
- Posting an ad with inappropriate links,
titles, descriptions, or unauthorized use of content to which the person posting
does not have rights.
- Posting an ad through unauthorized robots
(crawling software).
- Soliciting a Www.thebranz.com Classifieds
user to post an ad in another classifieds site.
- Posting more than the maximum allowed
2 free ads on Www.thebranz.com Classifieds by creating multiple userids.
- Posting ads for services that compete
with any of Www.thebranz.com's services.
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Posting ads for ad typist or home typist.
- Because Www.thebranz.com is a platform,
in the event that users have disputes Www.thebranz.com and its employees, officers,
agents and directors are released 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. We do
not control the information provided by other users that is made available through
our system. Users may find other user's information to be offensive, harmful, inaccurate,
or deceptive. Please use caution and common sense for your own safety. Please note
that there are also risks of dealing with underage persons or people acting under
false pretense. Additionally, there may also be risks dealing with international
trade and foreign nationals.
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Disclaimer of Warranties and
Indemnity
YOUR USE OF WWW.THEBRANZ.COM IS AT YOUR OWN RISK. THIS WEBSITE
IS PROVIDED BY THE BRANZ ., ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE
FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WEBSITES DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHATABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU ACKNOWLEDGE THAT ANY WARRANTY THAT
IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES MADE AVAILABLE ON
OR THROUGH WWW.THEBRANZ.COM IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER
OF THAT PRODUCT AND/OR SERVICE AND NOT
THE BRANZ.,
THE BRANZ., MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS ON THE WEBSITE, INCLUDING THAT
- WWW.THEBRANZ.COM AND ITS SERVICES WILL MEET YOUR REQUIREMENTS,
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WWW.THEBRANZ.COM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE,
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THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH WWW.THEBRANZ.COM WILL MEET YOUR EXPECTATIONS, BE RELIABLE
OR ACCURATE, AND
- ERRORS IN THE SOFTWARE WILL BE CORRECTED.
YOUR SOLE REMEDY FOR DISSATISFACTION
WITH WWW.THEBRANZ.COM, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED
WITHIN THE SITE IS TO STOP USING THE SITE AND/OR ITS SERVICES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF WWW.THEBRANZ.COM
IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DO.
You agree to indemnify, defend and hold www.thebranz.com,
harmless from all claims, damages and expenses (including attorney's fees) made
by any third party arising out of your content, your use of Www.thebranz.com, your
connection to Www.thebranz.com, your violation of this Agreement, our Terms of Use
or our Privacy Policy, and the development, operation, maintenance, use and contents
of your website.
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Limitation of Liability
IN NO EVENT SHALL WWW.THEBRANZ.COM.,
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL
DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM
[A] THE USE OR THE INABILITY TO USE OUR SERVICES OR ACCESS CONTENT,
[B] THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM TRANSACTIONS ENTERED INTO THROUGH OR FROM www.thebranz.com,
[C] THE UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR TRANSMISSIONS
OR DATA,
[D] STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR
[E] ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF THE BRANZ
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Void Where Prohibited
Although Www.thebranz.com is accessible
worldwide, not all products or services discussed or referenced on Www.thebranz.com
are available to all persons or in all geographic locations. Www.thebranz.com reserves
the right to limit the provision of any product or service to any person, geographic
area it so desires, in its sole discretion and to limit the quantities of any such
product or service that it provides. Any offer for any product or service made on
Www.thebranz.com is void where prohibited.
Financial Transactions and
Taxes
If you make any financial transactions
on Www.thebranz.com, including paying for network services fees, advertising banners,
product placements, products or services, you may be asked for credit card or other
payment information. You agree that all information you provide is accurate, complete
and current and that you will pay all charges owed, including any applicable taxes.
You agree that you are solely responsible for any personal income reporting and
tax payments required of you by applicable government authorities.
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Termination
The Branz reserves the right to discontinue in whole
or in part any portion of Www.thebranz.com services or programs with or without
notice.
Additional Notices
- All pages within this Internet site are the property of The
Branz (which may be revoked at any time) is granted to download the material in
this Site without alterations and for private and non-commercial use only so long
as the following copyright notice is included:
© 2007, The Branz.,
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The Branz' and other logos associated with these services are all trademarks and
service marks of The Branz.,. All other trademarks, service marks
and logos used in this Site the trademarks, service marks or logos of their respective
owners.
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Any offer for any product or service made in the Site is void where prohibited.
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Third party trademarks, service marks, logos, trade names and copyrights found on
Www.thebranz.com belong to their respective owners.
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All rights to the Www.thebranz.com Material not expressly granted herein are reserved.
- Third Party Merchants and Advertisers:
You acknowledge that The Branz does not control the performance of merchants or
advertisers that appear on Www.thebranz.com. Therefore, if you choose to purchase
a product or service, you release us from any and all claims you may have regarding
the third party's failure to deliver or perform.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE
MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT MEMBER REFERRALS ON TERMS THAT
MAY DIFFER FROM THOSE CONTAINED IN THIS USER AGREEMENT. YOU HAVE INDEPENDENTLY EVALUATED
THE DESIRABILITY OF PARTICIPATING IN WWW.THEBRANZ.COM OR ITS PROGRAMS AND ARE NOT
RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENTS OTHER THAN AS SET
FORTHIN THIS AGREEMENT.
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