Terms of Use - Import-Export Bulletin Board

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This bulletin board is a public service for use by all traders and entrepreneurs looking for exchanging trade information and seeking business leads.

To maximize the security and trade-enhancing benefits of the Import-Export Bulletin Board, each user has to comply with the following Terms of Use.

Terms of Use

The Import-Export Bulletin Board on www.imexbb.com (hereinafter: "the Website") is powered by Media Store LLC.

By accessing or using the Website, you agree to comply with and be legally bound by the following Terms of Use. If you do not accept all of these Terms of Use, you must stop using this Website. These Terms of Use constitute the entire agreement between Media Store and anyone visiting, accessing or using the Website (hereinafter together referred to as: "user"), suspending any prior agreements and apply also to all information or material posted by the user prior to the effectiveness of these Terms of Use. These Terms of Use are effective June 30, 2009.

Access, Usage and Changes of the Website
Use of and access to the Website are subject to compliance with these Terms of Use. Should you fail to comply with these Terms of Use, Media Store may terminate your access to the Website or usage of its features at its sole discretion and without any notice. Media Store further reserves the right to terminate at its sole discretion any user's access to the Website or certain features of it, if Media Store believes the conduct of the user violates any local, national or international laws or may be harmful to other users, Media Store or third parties. However, Media Store does not accept any liability for monitoring the Website for unauthorized, unlawful or in another way harmful user posted information and content.

Access to the Website and access to certain features are provided free of charge to any user. Other features are accessible by registered users only, some are provided exclusively for paid members. Media Store reserves the right to limit, deny or create different access to the Website and its features with respect to different user types without prior notice.

Media Store further reserves the right to remove, change or create new features, products and services or to change or remove the Website or part of it without any notice.

Users acknowledge that in no event Media Store shall be liable to the user or a third party for any inability to use the Website, changes or removal of the Website, its features, products, services or accessibility or any damage arising from the use of the Website, its features, products or services.

User posted information and content
The Website is a platform for exchanging information between buyers and sellers or products and services. All postings, company profiles and all information and materials relating to them are submitted by users and express their views, opinions and offers. Media Store cannot control and review these postings and information and is not liable to or responsible for the accuracy, quality, safety, legitimacy, legality or availability of the products or services offered for sale or purchase on the Website or the accuracy of information posted by users respectively. Media Store is in no way involved in any transaction between trading partners, neither represents the buyer or the seller, nor charges any commissions. Users acknowledge that they themselves are fully and solely assuming the risks of a transaction and the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions initiated through, conducted on or as a result of the use of the Website.

Users agree to release and indemnify Media Store of any claims arising out of or in connection with such transactions.

Reporting Abuse
If you believe that a posting on the Website infringes your copyright, trademark or other intellectual property rights, violates any law or in other way fails to comply with these Terms of Use, please use the "Report" function provided next to every posting. It is at the sole discretion of Media Store whether and what measures are taken against the reported user.

User's conduct
The user agrees to provide true, accurate, valid, current and complete information about himself and the entity or company he represents and immediately update the information if changes occur. The user warrants that he has the authority to legally bind such entity or company and that the address used is the principal place of business of the entity or company. Without the written consent of Media Store, no individual person and no company or entity are allowed to have more than one member account.

The user warrants that he obtains all necessary third party copyright or trademark licenses and permissions and shall be solely responsible for ensuring that the material and information he posts on the Website do not violate any international, national or local laws or regulations or any third party's rights. The user especially restrains from posting any information or material that infringe on the intellectual property rights, copyright, patent and trademarks of third parties. The user is aware that the Website is a global market place and that he is solely responsible that the information and material he provides do not violate the international, national or local law or regulations of any state.

By submitting content to the Website, the user is granting Media Store a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.

The user further agrees to accurately describe any products or services offered, not to make any false or misleading statements and only post offers for products and services he is capable of supplying or buying respectively. The user warrants not to post any information, text or material that are illegal, threatening, abusive, racist, pornographic, obscene, adult, harmful to minors, constitute unauthorized advertising or harassment, invades anyone's privacy, encourages conduct that would constitute a criminal offence or rise to civil liability or are otherwise considered objectionable by Media Store at its sole discretion.

The user agrees to post in the appropriate category only, repost a posting at the earliest after 7 days and not to make more than one posting for the same product or service without having deleted the old posting.

The user agrees that Media Store has the right (but not the duty) to remove postings it believes are violating these Terms of Use or may be harmful to other users, Media Store or third parties.

The user agrees not to use, store, download or copy any content of this Website or other users' personal data and information for any other than his personal, non-commercial use and agrees not to send unsanctioned advertising, spam or mass emails to the Website's users. No user shall use any automated means to access the Website to make postings or collect content and no user shall undertake any scheme to undermine the integrity of Media Store's and its users' computer systems and networks or attempt to gain unauthorized access to such computer systems or networks.

Registered users are responsible for maintaining the confidentiality of their username and password and are fully responsible for all activities that occur under their user account.

Media Store reserves the right to fully cooperate with governmental authorities and/or third parties in the investigation of any suspected criminal or wrongdoing and may disclose the user's identity, personal data and other user's submitted content and information. Media Store cannot be held liable for damages or results thereof.

Personal Information
By using the Website, you agree to the collection, transfer, storage and use of your personal information by Media Store and you agree that all information given through registration becomes the exclusive property of Media Store.

Copyright
The Website is protected by copyright and trademark laws. Users agree not to reproduce, copy, distribute, sell or otherwise commercially exploit the Website, portions of it, its content or Media Store's or its users' copyrights or trademarks.

Links to Third Parties Websites
The Website contains links to websites which are not controlled and maintained by Media Store. Any links to third party websites are provided for your convenience and information only and are not an endorsement of the Website. Media Store is not responsible for the content and accuracy of these third party websites and the products and services offered on or through these sites.

Disclaimers and Limit of Liability
The Website, its features and services are provided on a "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and Media Store hereby expressly disclaims any and all warranties either express, implied or statutory, including but not limited to condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose and non-infringement. All such warranties, representations and conditions are hereby excluded.

Media Store makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the Website, Media Store makes no representations or warranties as to the non-infringement of third party rights or legality of the content of the Website or the goods or services offered on or through the Website and Media Store makes no representations or warranties of any kind concerning any products or services offered on or through the Website.

Media Store does not warranty the availability or error-freeness of the Website and does not warranty that the Website and the servers making it available are completely secure or free from computer viruses or any other harmful or destructive elements. The use of the Website and its features and downloading or otherwise obtaining any information or material from the Website are done at user's own risk and the user is solely responsible for any consequent damage to the computer system, programs, loss of data or otherwise.

In no event Media Store shall be liable to any party for any special, direct, indirect, incidental, punitive, consequential damage or whatsoever loss or damages, including but not limited to any lost profits or savings, goodwill, reputation, business interruption loss of data or otherwise, whether in contract, negligence, tort or otherwise resulting from or in connection with

the use or the inability to use the Website;
any transaction or any defect in products, services or data purchased or obtained from a user or a third party through the Website;
the violation of third party rights, law or regulations;
material or information posted by users or third parties;
statements or conduct of any user of the Website;
the removal or non-removal of user postings or the suspension or non-suspension of a user;
unauthorized access to or alteration of data or personal information of the user by third parties;

even if Media Store has been given notice of some issues or could have reasonably foreseen the possibility of any such damage or loss occurring.

Notwithstanding any of the previous paragraphs, the aggregate liability of Media Store, its directors, executives, employees, agents and anyone acting on its behalf towards a user or any third party - whether in contract, tort, negligence, strict liability in tort, by statute or otherwise - is limited to the greater of (a) the total fees the user paid to Media Store in the 12 months prior to the action giving rise to liability, and (b) 100 Swiss Francs.

Indemnity
The user agrees to completely release, indemnify and hold Media Store, its directors, executives, employees and agents harmless from all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions arising out of or in connection with the user's breach of these Terms of Use, the user's breach of any law, the user's violation of third party rights, other liabilities arising out of the user's use of the Website, the inability to use the Website or claims arising out of or in connection with transaction between users.

Changes to the Terms of Use
Media Store reserves the right to modify these Terms of Use at any time and without prior notice. Any changes are immediately effective after publication on the Website and your continued use of the Website shall be deemed to be your acceptance of such changes. The user is responsible that all information or material previously posted by him comply with the changed Terms of Use.

Severability
Should any provision of these Terms of Conditions be deemed invalid, void or unenforceable by a competent judge, the remainder of the Terms of Use shall remain in effect and such provision shall be replaced with a valid and enforceable provision with effect as close as possible to the invalid, void or unenforceable provision.

Applicable Law and Place of Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Switzerland. Exclusive place of jurisdiction is Dübendorf, Switzerland.

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