| 1. ACCEPTANCE OF TERMS
Welcome to Sewingmall.com. Sewingmall.com provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from time to time
without notice to you. You can review the most current version of the TOS at any
time at: http://www.sewingmall.com/classified/tos.htm .
2. DESCRIPTION OF SERVICE
Sewingmall.com currently provides users with access to a message board - free classifieds (the "Service"); a community for garment manufacture, shoes, bags manufacturer, garment contractor, fashion designer, sewing machine dealer, home sewer or anyone love to sew. Unless explicitly stated otherwise, any new features
that augment or enhance the current Service, including the release of new Sewingmall.com
properties, shall be subject to the TOS. You understand and agree that the
Service is provided "AS-IS" and that Sewingmall.com assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any user communications.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Sewingmall.com has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete, Sewingmall.com has the right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof). Sewingmall.com is
concerned about the safety and privacy of all its users.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to
immediately notify Sewingmall.com of any unauthorized use of your password or account or
any other breach of security. Sewingmall.com cannot and will not be liable for any loss or
damage arising from your failure to comply with this section.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which such content originated. This means that you, and not Sewingmall.com,
are entirely responsible for all content that you upload, post, email or
otherwise transmit via the Service. Sewingmall.com does not control the content posted
via the Service and, as such, does not guarantee the accuracy, integrity or
quality of such content. You understand that by using the Service, you may be
exposed to content that is offensive, indecent or objectionable. Under no
circumstances will Sewingmall.com be liable in any way for any content, including, but
not limited to, for any errors or omissions in any content, or for any loss or
damage of any kind incurred as a result of the use of any content posted,
emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
| a. |
upload, post, email or otherwise transmit any content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable; |
| b. |
harm minors in any way; |
| d. |
forge headers or otherwise manipulate identifiers in order to disguise the
origin of any content transmitted through the Service; |
| e. |
upload, post, email or otherwise transmit any content that you do not have a
right to transmit under any law or under contractual or fiduciary relationships; |
| f. |
upload, post, email or otherwise transmit any content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party; |
| h. |
upload, post, email or otherwise transmit 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; |
| i. |
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time
exchanges; |
| j. |
interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service; |
| k. |
intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law; |
| l. |
"stalk" or otherwise harass another; or |
| m. |
collect or store personal data about other
users. |
You acknowledge that Sewingmall.com does not pre-screen content, but that Sewingmall.com and
its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any content that is available via the Service.
Without limiting the foregoing, Sewingmall.com and its designees shall have the right to
remove any content that violates the TOS or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of
such content. In this regard, you acknowledge that you may not rely on any content created by Sewingmall.com or submitted to Sewingmall.com, including without limitation
information in Sewingmall.com Free Classifieds and in all other parts of
the Service.
You acknowledge and agree that Sewingmall.com may preserve content and may also
disclose content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims that any content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of Sewingmall.com, its users and the public.
You understand that the technical processing and transmission of the Service,
including your content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
With respect to all other content you elect to post to other publicly
accessible areas of the Service, you grant Sewingmall.com the royalty-free, perpetual,
irrevocable, non-exclusive and fully sublicensable right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform and display such content (in whole or part) worldwide and/or
to incorporate it in other works in any form, media, or technology now known or
later developed.
7. INDEMNITY
You agree to indemnify and hold Sewingmall.com, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of content you submit, post to or transmit through
the Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Sewingmall.com may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that message board, free classifieds, postings or other uploaded content
will be retained by the Service, the maximum number of messages that may
be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on Sewingmall.com's servers on your behalf,
and the maximum number of times (and the maximum duration for which) you may
access the Service in a given period of time. You agree that Sewingmall.com has no
responsibility or liability for the deletion or failure to store any messages
and other communications or other content maintained or transmitted by the
Service. You acknowledge that Sewingmall.com reserves the right to log off accounts that
are inactive for an extended period of time. You further acknowledge that Yahoo
reserves the right to change these general practices and limits at any time, in
its sole discretion, with or without notice.
10. MODIFICATIONS TO SERVICE
Sewingmall.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. You agree that Yahoo shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
11. TERMINATION
You agree that Sewingmall.com, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for
lack of use or if Sewingmall.com believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. Sewingmall.com may also in its sole discretion and
at any time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the Service
under any provision of this TOS may be effected without prior notice, and
acknowledge and agree that Sewingmall.com may immediately deactivate or delete your
account and all related information and files in your account and/or bar any
further access to such files or the Service. Further, you agree that Sewingmall.com shall
not be liable to you or any third-party for any termination of your access to
the Service.
12. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Sewingmall.com has no control over such sites and
resources, you acknowledge and agree that Sewingmall.com is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that Sewingmall.com shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such content, goods or services available on or
through any such site or resource.
13. SEWINGMALL.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that content contained in sponsor
advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by Sewingmall.com or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in
part.
14. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Sewingmall.com and govern your
use of the Service, superceding any prior agreements between you and Sewingmall.com. You
also may be subject to additional terms and conditions that may apply when you
use affiliate services, third-party content or third-party software. The TOS and
the relationship between you and Sewingmall.com shall be governed by the laws of the
State of California without regard to its conflict of law provisions. You and Sewingmall.com agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of Los Angeles, California. The failure of Sewingmall.com to
exercise or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOS remain in full
force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
15. VIOLATIONS
Please report any violations of the TOS to our Customer Care group. |