ii.DESCRIPTIONOF SERVICE AND CONTENT POLICY
· A. KAROBAARS is the next generation of online classifieds. We act as avenue to allow our users who comply with these Terms to offer, sell, and buyproducts and services listed on the Platform. Although you may be able toconduct payment and other transactions through the Platform, using third-partyvendors such KAROBAARS is not in any way in involved in such transactions. As aresult, and as discussed in more detail in these Terms, you hereby acknowledgeand agree that KAROBAARS is not a party to such transactions, has no controlover any element of such transactions, and shall have no liability to any partyin connection with such transactions. You use the Service and the Platform atyour own risk.
· B. You understand that KAROBAARS does not control, and is notresponsible for ads, directory information, business listings/information,messages between users, including without limitation e-mails sent from outside KAROBAARS’sdomain or other means of electronic communication, whether through the Platformor another Third Party Website (defined below) or offerings, comments, userpostings, files, images, photos, video, sounds, business listings/informationand directory information or any other material made available through thePlatform and the Service ("Content"), and that by using thePlatform and the Service, you may be exposed to Content that is offensive,indecent, inaccurate, misleading, or otherwise objectionable. You acknowledgeand agree that you are responsible for and must evaluate, and bear all risksassociated with, the use of any Content, that you may not rely on said Content,and that under no circumstances will KAROBAARS be liable in any way for theContent or for any loss or damage of any kind incurred as a result of thebrowsing, using or reading any Content listed, e-mailed or otherwise madeavailable via the Service. You acknowledge and agree that KAROBAARS cannot anddoes not pre-screen or approve any Content, but that KAROBAARS has the right,in its sole and absolute discretion, to refuse, delete or move any Content thatis or may be available through the Service, for violating these Terms and suchviolation being brought to KAROBAARS’s knowledge or for any other reason or noreason at all. Furthermore, the Platform and Content available through the Platformmay contain links to other third party websites ("Third Party Websites"),which are completely unrelated to KAROBAARS. If you link to Third PartyWebsites, you may be subject to those Third Party Websites’ terms andconditions and other policies. KAROBAARS makes no representation or guaranteeas to the accuracy or authenticity of the information contained in any suchThird Party Website, and your linking to any other websites is completely atyour own risk and KAROBAARS disclaims all liability thereto.
· C. You acknowledge and agree that you are solely responsible for yourown Content posted on, transmitted through, or linked from the Service and theconsequences of posting, transmitting, linking or publishing it. Morespecifically, you are solely responsible for all Content that you upload, emailor otherwise make available via the Service. In connection with such Contentposted on, transmitted through, or linked from the Service by you, you affirm,acknowledge, represent, warrant and covenant that: (i) you own or have andshall continue to, for such time the Content is available on the Platform, havethe necessary licenses, rights, consents, and permissions to use such Contenton the Service and Platform (including without limitation all patent,trademark, trade secret, copyright or other proprietary rights in and to anyand all such Content) and authorize KAROBAARS to use such Content to enableinclusion and use of the Content in the manner contemplated by the Service, thePlatform and these Terms; and (ii) you have the written consent, release,and/or permission of each and every identifiable individual person or businessin the Content to use the name or likeness of each and every such identifiableindividual person or business to enable inclusion and use of the Content in themanner contemplated by the Service, the Platform and these Terms. For clarity,you retain all of your ownership rights in your Content; however, by submittingany Content on the Platform, you hereby grant to KAROBAARS an irrevocable,non-cancellable, perpetual, worldwide, non-exclusive, royalty-free,sub-licensable, transferable license to use, reproduce, distribute, preparederivative works of, display, and perform the Content in connection with thePlatform and KAROBAARS's (and its successors') business, including withoutlimitation for the purpose of promoting and redistributing part or all of thePlatform and Content therein (and derivative works thereof) in any mediaformats and through any media channels now or hereafter known. These rights arerequired by KAROBAARS in order to host and display your Content. Furthermore,by you posting Content to any public area of the Service, you agree to and dohereby grant to KAROBAARS all rights necessary to prohibit or allow anysubsequent aggregation, display, copying, duplication, reproduction, orexploitation of the Content on the Service or Platform by any party for anypurpose. As a part of the Service, KAROBAARS may offer the facility ofautomatically capturing of the "Description" of your ad based on theimages uploaded by you. KAROBAARS makes no warranty the veracity or theaccuracy of the generated Description. The Description may be edited by you atany time while your ad is live. You also hereby grant each user of the Platform(a) a non-exclusive license to access your Content through the Platform; and(b) the right to contact you with regard to the Content posted by you throughprivate chat or any other means. The foregoing license to each user granted byyou terminates once you or KAROBAARS remove or delete such Content from thePlatform. Further, you grant KAROBAARS the right to make available your Contentto any third party in connection with the transaction contemplated in yourclassified advertisement.
· D. KAROBAARS does not endorse any Content or any opinion, statement,recommendation, or advice expressed therein, and KAROBAARS expressly disclaimsany and all liability in connection with user Content. KAROBAARS does notpermit copyright infringing activities and infringement of intellectualproperty rights on the Platform, and KAROBAARS may, at its sole discretion,remove any infringing Content if properly notified in accordance withapplicable law that such Content infringes on another's intellectual propertyrights. KAROBAARS reserves the right to remove any Content without priornotice. KAROBAARS may also terminate a user's access to the Platform, if theyare determined to be a repeat infringer or found to be indulging in any actcontrary to these Terms. A repeat infringer is a user who has been notified ofinfringing activity more than twice and/or has had a user submission removedfrom the Platform more than twice. Further, at its sole discretion, KAROBAARSreserves the right to decide whether any Content is appropriate and complieswith these Terms.
You agree not topost, email, host, display, upload, modify, publish, transmit, update or shareany information on the Site, or otherwise make available Content:
· i. that violates any law or regulation;
· ii. that is copyrighted or patented, protected by trade secret or trademark,or otherwise subject to third party proprietary rights, including privacy andpublicity rights, unless you are the owner of such rights or have permission ora license from their rightful owner to post the material and to grant KAROBAARSall of the license rights granted herein;
· iii. that infringes any of the foregoing intellectual property rights ofany party, or is Content that you do not have a right to make available underany law, regulation, contractual or fiduciary relationship(s);
· iv. that is harmful, abusive, unlawful, threatening, harassing,blasphemous, defamatory, obscene, pornographic, paedophilic, libellous,invasive of another's privacy or other rights, hateful, or racially, ethnicallyobjectionable, disparaging, relating or encouraging money laundering or illegalgambling or harms or could harm minors in any way or otherwise unlawful in anymanner whatsoever;
· v. that harasses, degrades, intimidates or is hateful towards anyindividual or group of individuals on the basis of religion, gender, sexualorientation, race, ethnicity, age, or disability;
· vi. that violates any (local) equal employment laws, including but notlimited to those prohibiting the stating, in any advertisement for employment,a preference or requirement based on race, color, religion, sex, nationalorigin, age, or disability of the applicant.
· vii. that threatens the unity, integrity, defence, security orsovereignty of India, friendly relations with foreign states, or public orderor causes incitement to the commission of any cognisable offence or preventsinvestigation of any offence or is insulting any other nation;
· viii. that includes personal or identifying information about anotherperson without that person's explicit consent;
· ix. that impersonates any person or entity, including, but not limitedto, an KAROBAARS employee, or falsely states or otherwise misrepresents anaffiliation with a person or entity;
· x. deceives or misleads the addressee about the origin of such messagesor communicates any information which is grossly offensive or menacing innature;
· xi. that is false, deceptive, misleading, deceitful, misinformative, orconstitutes "bait and switch" offer;
· xii. that constitutes or contains "pyramid schemes,""affiliate marketing," "link referral code," "junkmail," "spam," "chain letters," or unsolicitedadvertisements of a commercial nature;
· xiii. that constitutes or contains any form of advertising orsolicitation if (1) posted in areas or categories of the Platform which are notdesignated for such purposes; or (2) e-mailed to KAROBAARS users who haverequested not to be contacted about other services, products or commercialinterests;
· xiv. that includes links to commercial services or Third Party Websites,except as specifically allowed by KAROBAARS;
· xv. that advertises any illegal services or the sale of any items thesale of which is prohibited or restricted by applicable law, including withoutlimitation items the sale of which is prohibited or regulated by applicablelaw;
· xvi. that contains software viruses or any other computer code, files orprograms designed to interrupt, destroy or limit the functionality of anycomputer software or hardware or telecommunications equipment or any othercomputer resource;
· xvii. that disrupts the normal flow of dialogue with an excessive numberof messages (flooding attack) to the Service, or that otherwise negativelyaffects other users' ability to use the Service; or
· xviii. that employs misleading email addresses, or forged headers orotherwise manipulated identifiers in order to disguise the origin of Contenttransmitted through the Service.
Additionally, youagree not to:
· xix. contact anyone who has asked not to be contacted, or makeunsolicited contact with anyone for any commercial purpose, specifically,contact any user to post advertisement on a third party website or post anyadvertisement on behalf of such user; or to "stalk" or otherwiseharass anyone;
· xx. make any libellous or defamatory comments or postings to or againstanyone;
· xxi. collect personal data about other users or entities for commercialor unlawful purposes;
· xxii. use automated means, including spiders, robots, crawlers, datamining tools, or the like to download or scrape data from the Service, exceptfor internet search engines (e.g,. Google) and non-commercial public archives(e.g. archive.org) that comply with our robots.txt file;
· xxiii. post Content that is outside the local area or not relevant tothe local area, repeatedly post the same or similar Content, or otherwise imposeunreasonable or disproportionately large loads on our servers and otherinfrastructure;
· xxiv. post the same item or service in multiple classified categories orforums, or in multiple metropolitan areas;
· xxv. attempt to gain unauthorized access to computer systems owned orcontrolled by KAROBAARS or engage in any activity that disrupts, diminishes thequality of, interferes with the performance of, or impairs the functionalityof, the Service or the Platform.
· xxvi. use any form of automated device or computer program (sometimesreferred to as "flagging tools") that enables the use of KAROBAARS's"flagging system" or other community control systems without eachflag being manually entered by a human that initiates the flag (an"automated flagging device"), or use any such flagging tool to removeposts of competitors, other third parties or to remove posts without areasonable good faith belief that the post being flagged violates these Termsor any applicable law or regulation.
· xxvii. use any automated device or software that enables the submissionof automatic postings on KAROBAARS without human intervention or authorship (an"automated posting device"), including without limitation, the use ofany such automated posting device in connection with bulk postings, or forautomatic submission of postings at certain times or intervals; or
KAROBAARS may chargea fee to post Content in some areas of the Service ("Paid Services"). The fee permits certain Content to be posted in a designated area of thePlatform or in excess of limits set by KAROBAARS. Each party posting Content tothe Service is responsible for said Content and compliance with the Terms. Anysuch fees paid hereunder are non-refundable in the event any Content is removedfrom the Service for violating these Terms. Paid Services are subject to theTerms listed herein, as well as the additional terms of service, which can beviewed here.
As used herein, theterm "Posting Agent" refers to a third-party agent, service orintermediary that offers to post Content to the Service on behalf of others. KAROBAARSprohibits the use of Posting Agents, directly or indirectly, without theexpress written permission of KAROBAARS. In addition, Posting Agents are notpermitted to post Content on behalf of others, directly or indirectly, orotherwise access the Service in order to post Content on behalf of others,except with express written permission or license from KAROBAARS.
vi.ACCESSTO THE SERVICE
KAROBAARS grantsyou a limited, revocable, non-exclusive license to access and use the Servicefor personal use. This license granted herein does not include any of thefollowing: (a) access to or use of the Service by Posting Agents; or (b) anycollection, aggregation, copying, duplication, display or derivative use of theService nor any use of data mining, robots, spiders, or similar data gatheringand extraction tools for any purpose unless expressly permitted by KAROBAARS oras otherwise set forth in these Terms. Notwithstanding the foregoing, generalpurpose internet search engines and non-commercial public archives that gatherinformation for the sole purpose of displaying hyperlinks to the Service,provided they each do so from a stable IP address or range of IP addressesusing an easily identifiable agent and comply with our robots.txt file, mayengage in the activities set forth in (b). For purposes of this exception, a"general purpose internet search engine" does not include a websiteor search engine or other service that specializes in classified listingsincluding any subset of classifieds listings such as housing, for sale, jobs,services, or personals, or which otherwise provides classified ad listingservices. The license set forth in this Section permits you to display on yourwebsite, or create a hyperlink thereto, individual postings on the Service solong as such use is for non-commercial and/or news reporting purposes only(e.g., for use in personal blogs or other personal online media). If the totalnumber of such postings displayed on or linked to your website exceeds limitsset by KAROBAARS, your use will be considered to be in violation of theseTerms, unless KAROBAARS expressly grants you permission otherwise. You are alsopermitted to create a hyperlink to the home page of the Platform so long as thelink does not portray KAROBAARS, its employees, affiliates or agents in afalse, confusing, misleading, derogatory, or otherwise offensive matter. Use ofthe Service beyond the scope of authorized access as set forth in these Termsimmediately terminates any permission or license granted herein. In order tocollect, aggregate, copy, duplicate, display or make derivative use of theService or any Content made available via the Service for other purposes(including commercial purposes) not stated herein, you must first obtain alicense from KAROBAARS.
vii.NOTIFICATIONOF CLAIMS OF INFRINGEMENTS
KAROBAARS is notliable for any infringement of intellectual property rights arising out ofmaterials posted on or transmitted through the site, or items advertised on thesite, by end users or any other third parties.
If you are an ownerof intellectual property rights or an agent who is fully authorised to act onbehalf of the owner of intellectual property rights and believe that anyContent or other content infringes upon your intellectual property right orintellectual property right of the owner on whose behalf you are authorised toact, you may submit a notification to KAROBAARS together with a request to KAROBAARSto delete the relevant Content in good faith in the claims of infringement formavailable here.
You acknowledge andagree that the materials on the Platform, other than the user Content that youlicensed under Section ii(C) of the Terms, including without limitation, thetext, software, scripts, graphics, photos, sounds, music, videos, interactive featuresand the like ("Materials") and the trademarks, service marksand logos contained therein ("Marks"), are owned by orlicensed to KAROBAARS, and are subject to copyright and other intellectualproperty rights under Dutch laws, foreign laws and international treatiesand/or conventions. In connection with the Services, the Platform may displaycertain trademarks belonging to third parties. Use of these trademarks may besubject to license granted by third parties to KAROBAARS. You shall, in noevent, reverse engineer, decompile, or disassemble such trademarks and nothingherein shall be construed to grant you any right in relation to suchtrademarks. Materials on the Platform are provided to you AS IS for yourinformation and personal use only and may not be used, copied, reproduced,distributed, transmitted, broadcast, displayed, sold, licensed, or otherwiseexploited for any other purposes whatsoever without the prior written consentof the respective owners. KAROBAARS reserves all rights not expressly grantedherein to the Platform and the Materials. You agree to not engage in the use,copying, or distribution of any of the Materials other than as expresslypermitted herein, including any use, copying, or distribution of Materials ofthird parties obtained through the Platform for any commercial purposes. If youdownload or print a copy of the Materials for personal use, you must retain allcopyright and other proprietary notices contained therein. You agree not tocircumvent, disable or otherwise interfere with security related features ofthe Platform or features that prevent or restrict use or copying of anyMaterials or enforce limitations on use of the Platform or the Materialstherein. The Service is protected to the maximum extent permitted by copyrightlaws, other laws, and international treaties and/or conventions. Contentdisplayed on or through the Service is protected by copyright as a collectivework and/or compilation, pursuant to copyrights laws, other laws, andinternational conventions. Any reproduction, modification, creation ofderivative works from or redistribution of the Platform, the Materials, or thecollective work or compilation is expressly prohibited. Copying or reproducingthe Platform, the Materials, or any portion thereof to any other server orlocation for further reproduction or redistribution is expressly prohibited.You further agree not to reproduce, duplicate or copy Content or Materials fromthe Service, and agree to abide by any and all copyright notices and othernotices displayed on the Service. You may not decompile or disassemble, reverseengineer or otherwise attempt to discover any source code contained in theService. Without limiting the foregoing, you agree not to reproduce, duplicate,copy, sell, resell or exploit for any commercial purposes, any aspect of theService. KAROBAARS is a service mark registered with the U.S. Patent andTrademark Office, the EU-wide patent and trademark authorities and in variousother jurisdictions.
You understand thatwhen using the Platform, you will be exposed to Content from a variety ofsources, and that KAROBAARS is not responsible for the accuracy, usefulness,safety, or intellectual property rights of or relating to such Content, and youagree and assume all liability for your use. You further understand andacknowledge that you may be exposed to Content that is inaccurate, offensive,indecent, or objectionable, defamatory or libellous and you agree to waive, andhereby do waive, any legal or equitable rights or remedies you have or may haveagainst KAROBAARS with respect thereto.
You agree todefend, indemnify and hold harmless KAROBAARS, its officers, subsidiaries, affiliates,successors, assigns, directors, officers, agents, service providers, suppliersand employees, from and against any and all claims, damages, obligations,losses, liabilities, costs or debt, and expenses (including but not limited toattorneys' fees) arising from: (i) your use of and access to the Platformand/or the Service; (ii) your violation of any term of these Terms; (iii) yourviolation of any third party right, including without limitation any copyright,trademark, trade secret or other property, or privacy right; or (iv) any claimthat your Content caused damage to a third party. This defense andindemnification obligation will survive termination, modification or expirationof these Terms and your use of the Service and the Platform.
You understand andagree that sending unsolicited email advertisements or other unsolicitedcommunications to KAROBAARS email addresses or through KAROBAARS computersystems are expressly prohibited by these Terms. You acknowledge and agree thatfrom time to time KAROBAARS may monitor email usage using human monitors orautomated software to flag certain words associated with spam or scams inemails that are sent between one user to another in the KAROBAARS e mailsystem. Any communication between yourself and any other user utilizing thecommunication features available on the Service and the Platform may be usedonly in accordance with the Terms. Any unauthorized use of KAROBAARS computersystems is a violation of these Terms and certain applicable laws. Suchviolations may subject the sender and his or her agents to civil and criminalpenalties.
xii.DEALINGSWITH ORGANIZATIONS AND INDIVIDUALS
You acknowledge andagree that KAROBAARS shall not be liable for your interactions with anyorganizations and/or individuals on the Platform or through the Service. Thisincludes, but is not limited to, payment and delivery of goods and services,and any other terms, conditions, warranties or representations associated withany interaction you may have with other organizations and/or individuals. Thesedealings are solely between you and such organizations and/or individuals. Youagree and acknowledge that KAROBAARS shall not be responsible or liable for anyloss or damage of any sort incurred as the result of any such dealings orinteractions. If there is a dispute between participants on the Platform, orbetween users and any third party, you understand and agree that KAROBAARS isunder no obligation to become involved in such dispute. In the event that youhave a dispute with one or more other users, you hereby release KAROBAARS, itsofficers, employees, agents and successors from any and all claims, demands anddamages (actual and consequential) of every kind or nature, known or unknown,suspected and unsuspected, disclosed and undisclosed, arising out of or in anyway related to such disputes and/or our Service.
xiii.LIMITATIONAND TERMINATION OF SERVICE
You acknowledge andagree that KAROBAARS may establish limits from time to time concerning use ofthe Service, including among others, the maximum number of days that Contentwill be maintained or retained by the Service, the maximum number and size ofpostings, e-mail messages, or other Content that may be transmitted or storedby the Service, and the frequency and the manner in which you may access theService or the Platform. You acknowledge that your account is identified andlinked through your mobile number, Facebook account or email address throughwhich you have registered. In the event you have more than one account linkedthrough your mobile number, Facebook account or email address, KAROBAARSreserves the right to remove or restrict the usage of such duplicate accounts.You acknowledge and agree that KAROBAARS has no responsibility or liability forthe deletion or failure to store any Content maintained or transmitted by thePlatform or the Service. You acknowledge and agree that KAROBAARS reserves theright at any time to modify, limit or discontinue the Service (or any partthereof) with or without notice, and that KAROBAARS shall not be liable to youor to any third party for any such modification, suspension or discontinuanceof the Service. You acknowledge and agree that KAROBAARS, in its sole andabsolute discretion, has the right (but not the obligation) to delete ordeactivate your account, block your e-mail or IP address, or otherwiseterminate your access to or use of the Service (or any part thereof), immediatelyand without notice, and remove and discard any Content within the Service, forany reason or no reason at all, including, without limitation, if KAROBAARSbelieves that you have violated these Terms. Further, you agree that KAROBAARSshall not be liable to you or any third-party for any termination of youraccess to the Platform or the Service. Further, you agree not to attempt to usethe Service after any such termination.
YOU EXPRESSLYACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE SERVICE IS ENTIRELY ATYOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICE ARE PROVIDED ON AN "ASIS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THEWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLESTEXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW KAROBAARS, ITSOFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS ORIMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. KAROBAARS MAKESNO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THEPLATFORM'S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THEPLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORMAND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANYAND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV)ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANYBUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO ORTHROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS INANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THEUSE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISEMADE AVAILABLE VIA THE PLATFORM OR THE SERVICE. KAROBAARS DOES NOT WARRANT,ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICEADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKEDWEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KAROBAARS WILL NOTBE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTIONBETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS ORSERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR INANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEREAPPROPRIATE.
IN NO EVENT SHALL KAROBAARS,ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF KAROBAARS HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OFYOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHERTHE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROMINABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION,MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCHLIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BYREASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED INCONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, ASWELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH ORADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE KAROBAARSSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOUSPECIFICALLY ACKNOWLEDGE AND AGREE THAT KAROBAARS SHALL NOT BE LIABLE FOR USERSUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER ORTHIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELYWITH YOU. THE PLATFORM IS CONTROLLED AND OFFERED BY KAROBAARS. KAROBAARSMAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USEIN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHERJURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FORCOMPLIANCE WITH LOCAL LAW.
These Terms, andany rights and licenses granted hereunder, may not be transferred or assignedby you, but may be assigned by KAROBAARS without restriction. Any assignment ortransfer by you shall be null and void.
xvii.ABILITYTO ACCEPT TERMS OF SERVICE
This Platform isintended only for adults and that you are eligible to contract as perapplicable laws. If you are using/accessing this Platform as a representativeof any person/entity, you acknowledge that you are legally authorised torepresent that person/entity. Minors, i.e. users of under 18 years of age, areonly allowed to access the Platform and use the Service, in the event ofapproval of their legal representatives or in the event that it concerns an actor a transaction that is usual and acceptable standard in civil life andpractice. You affirm that you are either at least 18 years of age, or anemancipated minor, or possess legal parental or guardian consent, and are fullyable and competent to enter into the terms, conditions, obligations,affirmations, representations, and warranties set forth in these Terms, and toabide by and comply with these Terms. In any case, you affirm that you are overthe age of 13, as the Platform is not intended for children under 13.
NOTICE TO CHILDRENUNDER THE AGE OF 13 AND THEIR PARENTS OR GUARDIANS If you are under the age of13, YOU MUST NOT USE THIS PLATFORM. Please do not send us your personalinformation, including your email addresses, name, and/or contact information.If you want to contact us, you may only do so through your parent or legalguardian.
These Terms and theother policies posted on the Platform constitute the complete and exclusiveunderstanding and agreement between you and KAROBAARS and govern your use ofthe Service and the Platform superseding all prior understandings, proposals,agreements, negotiations, and discussions between the parties, whether writtenor oral. The Terms and the relationship between you and KAROBAARS shall begoverned by the laws of the Netherlands. Any claim you may have against KAROBAARSmust be submitted to the exclusive jurisdiction the courts of Amsterdam, TheNetherlands. However, in the event that you are a consumer it may be thatconsumer law requires that another law is applicable and that a claim may besubmitted to another jurisdiction. The failure of KAROBAARS to exercise orenforce any right or provision of the Terms shall not constitute a waiver ofsuch right or provision. If any provision of the Terms is found by a court ofcompetent jurisdiction to be invalid (including, without limitation, becausesuch provision is inconsistent with the laws of another jurisdiction) orinapplicable, the parties nevertheless agree that the court should endeavour togive effect to the parties' intentions as reflected in the provision. If anyprovision or provisions of these Terms is held to be invalid, illegal orunenforceable, the validity, legality and enforceability of the remainingprovisions of the Terms shall not in any way be affected or be impaired. YOUAGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TOYOUR USE OF THE SERVICE AND/OR THE PLATFORM MUST COMMENCE WITHIN A REASONABLETIME AND IN ANY EVENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES,EXCEPT THAT KAROBAARS MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITHTHE APPLICABLE STATUTE OF LIMITATIONS UNDER DUTCH LAW. OTHERWISE, SUCH CAUSE OFACTION IS PERMANENTLY BARRED. These Terms shall inure to the benefit of and bebinding upon each party's successors and assigns.
xix.VIOLATIONOF TERMS AND LIQUIDATED DAMAGES
Please report anyviolations of the Terms that you become aware of by contacting us using thelink at the bottom of the KAROBAARS homepage at www.karobars.com.Any failure to act by KAROBAARS with respect to a breach by you or others doesnot waive our right to act with respect to subsequent or similar breaches byyou or others. You understand and agree that, because damages are oftendifficult or impossible to quantify, if actual damages cannot be reasonablycalculated then you will be liable to pay KAROBAARS the following as liquidateddamages (and not a penalty):
· a. If KAROBAARS establishes any limits on the frequency with which youmay access the Service, or terminates your access to or use of the Service, youagree to pay KAROBAARS ninety nine euros (€99) for (i) each message posted inexcess of such limits or (ii) for each day on which you access KAROBAARS inexcess of such limits, whichever is higher.
· b. If you are a Posting Agent that uses the Service in violation ofthese Terms, in addition to any liquidated damages under Section xx(e) belowyou agree to pay KAROBAARS ninety nine euros (€99) for each and every item youpost in violation of these Terms. A Posting Agent will also be deemed an agentof the party engaging the Posting Agent to access the Service, and such party(by engaging the Posting Agent in violation of these Terms) agrees to pay KAROBAARSan additional ninety nine euros (€99) for each item posted by the Posting Agenton behalf of such party in violation of these Terms.
· d. If you use KAROBAARS e-mail addresses or computer systems to sendunsolicited e-mail advertisements to KAROBAARS e-mail addresses or any otherparty, you agree to pay KAROBAARS thirty euros (€30) for each such e-mail.
· e. If you post messages in violation of these Terms, other than asdescribed above, you agree to pay KAROBAARS ninety nine euros (€99) for eachsuch message. Notwithstanding the foregoing, KAROBAARS may, in its sole andabsolute discretion, issue a warning before assessing damages pursuant to thisSection xx(e).
· f. If you aggregate, copy, display, mirror, reproduce, or otherwiseexploit for any purpose any Content (except for your own Content) in violationof these Terms without KAROBAARS's express written permission, you agree to payKAROBAARS ten thousand euros (€10,000) for each day on which you engage in suchconduct.
If none of theforegoing clauses (a) – (f) are applicable, you agree to pay KAROBAARS’s actualdamages, to the extent such actual damages can be reasonably calculated.Notwithstanding any other provision of these Terms, KAROBAARS retains the rightto seek equitable remedies, including without limitation, specific performanceof any term contained in these Terms, or a preliminary or permanent injunctionagainst the breach or threatened breach of any such term or in aid of theexercise of any power granted in these Terms, or any combination thereof,without the necessity of posting a bond.
· A. European standards / Personal Data Protection Act
KAROBAARS isresponsible for the collection, use, and retention of personal information inthe sense of the Dutch Personal Data Protection Act and thus in accordance withEuropean standards.
· B. Type of Information Collected:
When you visit thePlatform, we may collect certain non-personal information such as your InternetProtocol ("IP") address, operating system, browser type, and Internetservice provider. This type of information does not identify you personally.When you register with the Platform, we may also collect personal informationthat you provide such as your name, mailing address, email address,phone/mobile number, home country, zip code, and certain other information inevent you log in via Facebook depending on your privacy settings including butnot limited to your name, email address, profile picture, list of friends,education etc. ("Registration Information"). You have the option ofalso providing to us your fax numbers, gender, age, and/or company name if youchoose to register with KAROBAARS. If you provide your phone number, it may bedisplayed in your posting. Further, if you have provided your phone number andposted an advertisement using your account, you agree to receive communicationson the provided phone number from our side which may include but not be limitedto automated calls or text messages. The communication may require you toconfirm and verify that your account has been used to post the relevantadvertisement on the Platform. We may also collect additional information thatour users provide, such as new or deleted postings, new or deleted comments,keyword searches, scam reports and new contact sellers. We use a third-partypayment gateway for purchases, and other third party companies to monitor sitetraffic, which may, in some instances, store your information (see Sectionxxi(D) below). By using this Platform or the Service, you consent tocollection, storage, and use of the personal information you provide for any ofthe services that we offer, and you consent to our collection of any changes orupdates that you may provide to any information you provide that is collectedby KAROBAARS.
By using thisPlatform, you consent to sharing your geolocation data in order to publishinformation/advertisements of advertisements offered by users close to yourlocation and vice-versa.
· C. Cookies
· D. Third Parties
· E. How Your Information is Used
· F. Protecting Your Personal Information
You are a valuedcustomer, and we recognize that protecting your privacy is important to you.For this reason, we are committed to protecting the personal information youprovide in a variety of ways. We do not directly process any payments and donot store your credit card information. Secured socket layer ("SSL")technology is used for processing payment transactions with third- partyservice provider partners, such as PayU, PayPal, and DineroMail. YourRegistration Information may be protected by a unique customer password anduser ID. You should not disclose your password information to anyone and youshould always remember to log off if using a shared computer. Lastly, you mayutilize the Platform as an anonymous user by not registering. We have takencertain security protections in safeguarding your personal information.However, as with most electronic transactions, no method is 100% safe. While westrive to use a commercially acceptable means to protect the personalinformation you provide, we cannot guarantee its security. Therefore, youacknowledge and agree that we assume no liability regarding the theft, loss,alteration or misuse of personal or other information or Content, including,without limitation, such information that has been provided to third parties orother users, or with regards to the failure of a third party to abide by theagreement between us and such third party. You may participate in our Forum orutilize our Comments feature. For postings to the Forum, your username will beposted. For postings using the Comments feature, your name and email will onlybe posted if you provide it in the comment. We strongly discourage posting anyinformation on these features or in any Content posted by you that you do notwant others to see. You agree that you are responsible for maintaining theconfidentiality of your username and password, and all uses of your account,whether or not you have authorized such use.
· G. Accessing and Modifying Personal Information and CommunicationPreferences
You may access,remove, review, and/or make changes to personal information that you haveprovided to us via the Contact Support form. You need notregister in order to post or respond to advertisements on the Platform. If youregister or respond to advertisements or posts on the Platform or post anycontent on the Platform, we may send you certain notifications, advertisements,promotions, surveys, text messages, specials and phone calls in relation to theServices.. We may also send you any legally required notifications and certainnotifications, including but not limited to, service related notices or noticesregarding a change to any of our policies. For example, we may send you anotice regarding server problems or scheduled maintenance to the Platform. Inorder to opt-out of receiving these notices, you may need to deactivate youraccount. You can opt out of certain e-mail communications from us, includingour newsletters, advice on buying and selling on the Platform, notificationsthat a user has commented on your posting, and notifications that you canrefresh your posting. We will not change your preferences without your consent.You cannot opt out of receiving transactional communications from KAROBAARSrelated to your account.
· H. Disclosures
On rare occasions,we may be required to disclose your personal information due to legal orregulatory requirements. In such instances, we reserve the right to discloseyour personal information as required in order to comply with our legalobligations, including but not limited to complying with court orders,warrants, subpoenas, service of process requirements, or discovery requests. Wemay also disclose information about our users to law enforcement officers