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Terms and Conditions
USER AGREEMENT
User Agreement (" Agreement ") is between you, which includes your own business, any business or person you represent or have as a customer collectively named as You/Your/Customers within the body of this Agreement, and Myabuy, LLC a Delaware Series LLC (collectively, Us, Our, We, Myabuy.com) and our customers (collectively Our Customers.)
LIMITATION OF LIABILITY
Under any and all circumstances, your remedy at equity or law for any damages resulting from any breach of this Agreement by us or by any actions we engage in or are responsible for are limited to the actual value of any and all assets possessed by us. You hereby knowingly and expressly waive any right to collect a future judgment on, or put a lien against, any assets other than those held by us alone.
General Recitals
Myabuy.com supplies software programs (" Software ") to enable merchants or businesses to build Independent E-shops where they may sell their independently made products, accommodation and services online. Myabuy.com also supplies software programs (" Software ") to enable businesses to advertise their independently made products or services on Myabuy.com RSS feeds only. Myabuy.com also supplies software programs (" Software ") to enable businesses to request their own category and advertise their independently made products or services using their own category on Myabuy.com RSS feeds only. Myabuy.com reserves the right to reject any request made by any of our users for their own category and to impose additional terms that may include, specifying the time period and frequency of the business or advertiser or merchant to list and/or use Myabuy.com RSS feeds, the frequency of updates the business or advertiser or merchant makes on Myabuy.com RSS feeds. Myabuy.com offers businesses or advertiser or merchant services including hosting independent E-Shops, email services, marketing and advertising services, using Myabuy.com RSS feeds. Myabuy.com offers a proprietary system for businesses or merchants to create their own marketing or advertising using myabuy.com RSS feeds and other connected services that may be offered now or in the future (collectively, " Services ").
Upon registration and subject to the terms and conditions of this Agreement, including terms and conditions that are set forth on the Myabuy.com website located at www.myabuy.com and can be accessed through links in this Agreement, Myabuy.com will provide you, with a limited, revocable license to use the Software and receive the Services that we provide. We may terminate any or all services at any time without prior notice to you.
You expressly authorize Myabuy.com to process any and all of Your Myabuy.com account dealings initiated from the use of the password that you created during registration on the Myabuy.com Site and you are accountable for maintaining the secrecy of such password and your user ID.
Trademarks owned by Myabuy
Subject to this Agreement, any rules of usage that we publish, any restrictions that we publish and your paying any and all fees and costs requested by us, we hereby grant you a nonexclusive, nontransferable, revocable, royalty free license to use our Trademarks provided for your specific usage, solely to you and without granting any right to transfer or confer sublicenses thereto. Our Trademarks may not be altered in any way and may be used and displayed by you in your Independent E-shops page(s) and RSS feeds or if your paying to use myabuy.com RSS feeds only, according to and in compliance with any rules and guidelines that we make known to you. Such rules and guidelines may be changed at any time by us with no prior notice being given to you and any such changes become immediately effective upon our publication of said changes., Myabuy.com is the sole owner of any and all said trademarks and no ownership to our trademarks is conferred upon you or any third party by this Agreement. You agree that you will not take any action that conflicts with our ownership or control of our trademarks and you further agree not to use or attempt to register trademarks or trade names that can be confusingly similar to the Myabuy.com trademarks, or trademarks that may be misleading to the public, trademarks that incorporate any word or image element of our trademarks, or create combined marks with the Myabuy.com trademarks. At Myabuy.com' request, which may be sent to you via email, you will discontinue any use and display of the Myabuy.com Marks. You agree that this agreement does not confer any license for your usage of any Trademark except those trademarks specifically allowed by us for your usage as described herein and that no license for the usage of any other intellectual property is conferred herein.
Services we provide
Subject to the payment of relevant fees, at the time you establish your account Myabuy.com will supply certain hosting, other various marketing Services for the Software licensed by you during and under the terms of this Agreement detailed on the Myabuy.com Site. Your independent E-shops, Your Myabuy.com RSS feeds and your usage of Myabuy.com RSS feeds only will be hosted on Myabuy.com.
Your E-shops and/or Your myabuy.com RSS feeds are accountable for design
It is your responsibility to provide all text, photographs, logo design, information and other content for your independent E-shops and myabuy.com RSS feeds and your usage of myabuy.com RSS feeds only to myabuy.com within a time period designated by myabuy.com. Myabuy.com has administration login for independent E-shops where you may make changes to your Independent E-shops by yourself.
We have the right to change, alter or terminate our service
Myabuy.com has the right to change, alter or terminate any or all of our Services provided without prior notice to you. You agree to receive organizational messages from Myabuy.com in regards to the software, services, your account, policy changes and system updates and any and all further communications issued by us to you necessary to reasonably conduct our business.
You are accountable for your independent e-shop and/or your Myabuy RSS feeds
You will be solely accountable for the development, operation and maintenance of your Independent E-shops and your RSS Advertisement. This includes the operation of your independent E-shops, purchasing a merchant account for your Independent E-shop and your RSS Advertisement approving, processing and filing customer orders generated through your independent E-shops, and RSS Advertisement and handling any customer questions, complaints, or disputes resulting from orders or sales generated through your independent E-shops, and your advertisement using Myabuy.com RSS feeds and handling any customer questions, complaints, or disputes resulting from orders or sales generated through your independent E-shops and myabuy.com RSS feed.
Myabuy.com has no obligation to back-up any data connected to your Independent E-shops or any of your RSS feeds on myabuy.com, or operations or any and all intellectual property or work product that you own. You must take appropriate steps to preserve such data in accord with your needs and requirements and you assume all risk of harm if you do not independently back up your data.
You are accountable for content on your independent e-shops and your Myabuy RSS feeds
You will be accountable for creating, managing, editing, reviewing, deleting and otherwise controlling the content on Your independent E-shops, Your RSS feed on myabuy.com, regardless of whether Myabuy.com supplies any design or customization Services to You under this Agreement. This includes all descriptions of the products and services You offer to customers of Your Independent E-shops and advertise, market or use Your Independent RSS feed on Myabuy.com, and Customer-generated content and reviews on and connected to Your Independent E-shops and Your Independent RSS feed on myabuy.com. As an intermediate, Myabuy.com will give You complete judgment over your content provided it is compatible and interoperable with the Software and Services provided by Myabuy.com under this Agreement. You keep all rights, title and interest in and to all intellectual property rights personified in your content, exclusive of any content provided by Myabuy.com.
Myabuy.com is a passive intermediary
By providing you with the ability to publish and distribute your own or third party products, services or content, Myabuy.com and the provided Software acts only as passive intermediary for the distribution and publishing of products, services or content on the independent E-Shops and on the independent RSS feed on myabuy.com. No obligation or liability exists between us, you or any third party to review your independent E-shops, your content on Myabuy.com RSS feeds and the products or services or any other content listed, including any Customer-generated content, published and/or distributed on your independent E-shops and/or your RSS feed on myabuy.com to determine whether your product, service or content may sustain liability to third parties. On the contrary, if Myabuy.com believes your Independent E-shops, and/or your Myabuy.com RSS feed or any products, services, content or other materials in the Independent E-shops and/or on your Myabuy.com RSS feed located on Myabuy.com Servers may create liability for Myabuy.com, Myabuy.com may take any action with respect to the content or materials on your Independent E-shops, and/or your RSS feed on myabuy.com which Myabuy.com determines necessary to minimize or eliminate our potential liability. Myabuy.com will be the judge of what content or materials may create liability for Myabuy.com. We have the right to remove any and all content that you publish or distribute via our site, tools or services at any time for any reason without any prior notice to you. All information, listings, RSS feeds on myabuy.com are general in nature, and does not create any Customer/seller relationship with myabuy.com
What your E-shop and/or your RSS feed on myabuy.com cannot do or contain
The products, services, or content published and distributed on your independent E-shops, your RSS feed on myabuy.com and your connected activities, must not violate the Myabuy.com User Policy in this agreement, which is subject to change nor should they:
- Be false or misleading;
- Involve the sale of illegal, counterfeit or stolen products or materials;
- Violate any third party's copyright, patent, trademark, trade secret or other proprietary privileges or privileges of promotion or privacy;
- Violate any law, statute, or regulation (including, those governing privacy, promotion, export control, consumer protection, unfair competition, antidiscrimination or false advertising);
- Be offensive, slanderous, illegally intimidating or harassing, or promoting or supplying assistance involving violence, considerable risk of death or injury; violate the right of publicity or privacy of any third party or entity
- Contain child pornography or be indecent or obscene;
- Contain Trojan horses, worms, time bombs, cancel bots, easter eggs, viruses or other programming routines that can damage, interfere with, secretly intercept or seize any system, data or personal information;
- Transmit any unwelcome or uninvited commercial or bulk email (known as "spamming") or violate the Can Spam Act or any state, federal or foreign law regarding Spam. Your account, your Independent E-shops or your RSS Advertisement cannot be used as a return address for commercial mail coming from any outside address nor can you be a part in pyramid, ponzi schemes or any activity that we determine and decide is illegal or improper for any reason;
- Try to collect personally identifiable information on any person or entity, except with the person or entities express written agreement.
- Damage or harm the Myabuy.com Server structure and overloading the Myabuy.com technical infrastructure as determined by Myabuy;
- Offer free space or sublease your account or access to your account, your independent e-shops or your RSS advertisement to third parties.
- Any actions that are harmful to Myabuy.com' associates, operations, reputation, or goodwill or create liability or expose Myabuy.com and its subcontractors to unnecessary risk
- Directly or indirectly provide links to goods or services that violate any relevant law, statute, ordinance or regulation or any jurisdiction, or violate Myabuy.com' Prohibited items stated below (which are subject to change at any time with no prior notice to you)..
You must display and obey the terms of use and privacy policy, governing your operation of your Independent E-shop, and RSS feed on myabuy.com and your conduct with your independent E-shops' customer and your Independent RSS Advertisement viewer.
Further Service Terms & Conditions on Film, Video, Independent Music and Computer for Independent E-shop and/or RSS feeds on myabuy.com for Customers
By exchanging applicable fees with an independent e-shop, you are conferred the right to stream (and/or download or burn, if relevant) independent music, computer and software creations, films, albums, tracks, video, and other independent content that the Independent E-shop offers on the terms specified by the artist, creator or copyright holder. You may also buy such materials from the independent e-shop on media (such as CDs and DVDs). You may never deal in intellectual property that is owned by any third person or entity which has not given you express permission to deal in.
You must possess the hardware and software required by our software, and connected to the Internet to access the services provided. Downloads obtained through the individual Independent E-shops service may be played when you are not connected to the Internet.
You agree to HOLD us HARMLESS and to indemnify us from any causes of action arising from any breach of this Agreement by you, including paying our reasonable attorneys fees, court costs and damages.
One of the services that we supply to independent e-shops includes the ability to preview copies of certain songs, movies, computer games and software sold by the e-shop by downloading the same to your hard drive, and the ability to burn copies of songs or movies directly to recordable compact discs, or transfer certain songs or movies to supported portable devices. The independent e-shop will detail the cost for each of these activities and ask you to clearly accept the charges prior to downloading or shipping the complete song, album, movie, computer, and software. You are responsible for all such charges.
The word "purchase," means everything offered for download, CD, DVD or burning are presented for license and subject to this Agreement and any other license terms and conditions made by the artist or creator or copyright holder's independent e-shop. This includes limitations imposed by digital rights management technology. Unless stated by the independent e-shop, all licenses to download or burn media are for the customer's personal use only. By purchasing a track, album, computer, film and video via downloading or burning or via CD or DVD that the purchase is personal to you, and cannot be used, sold, rented, transferred, shared, licensed or otherwise provided to any other third party unless expressly permitted by the independent e-shop or license holder. License to download or burn films, computer, tracks, albums include only those rights clearly stated by the e-shop and any restrictions published or made known to you (typically, the rights are to play back for your own personal use from your personal computer, CD player, digital player, DVD player or other personal consumer electronic device). If in doubt, do not create a derivative work; make copies other than for personal use, or use the media in any commercial manner without obtaining written permission from the copyright holder.
No Warranties made for Film, Video, Independent Music and Computer downloads
IT IS YOUR RESPONSIBILITY TO DETERMINE THAT YOURE RECORDING AND PLAYBACK SYSTEM FUNCTIONS CORRECTLY WITH THE SOFTWARE AND IS SUITABLE FOR YOU TO BE ABLE TO USE OR ENJOY THE MATERIAL THAT YOU HAVE PURCHASED. WE ARE NOT RESPONSIBLE FOR ANY COMPUTER, SOFTWARE OR DEVICE THAT YOU OWN OR USE THAT WILL NOT APPROPRIATELY USE WHATEVER MATERIAL YOU PURCHASE.
Stolen Account Information is Your Liability
The liability for maintaining the privacy of your password and for any and all activities that occur under your account is yours alone. You are responsible if a person accesses a tool or service that we provide using your user name and password without your authorization and for any fees, costs, or damages that arises from such usage. You must create a new password by clicking on the Account Status link on the Software and selecting the appropriate link if you need to change your password.
Intellectual Property Rights of Myabuy.com
Only you may access our tools and services with your user name and password and/ or by purchasing RSS feeds only on myabuy.com. The e-shop and the myabuy.com RSS feeds available through the SOFTWARE and the SOFTWARE itself, are the property of Myabuy, LLC, and are protected by copyright and other intellectual property laws. You will not (i) reproduce, record, retransmit, distribute, disseminate, sell, rent, broadcast or circulate the SOFTWARE or any content received through the SOFTWARE or any Service to any third party, without our express written consent (ii) exploit any such content or the SOFTWARE for commercial purposes without the express prior written agreement of Myabuy, LLC, or (iii) to share your password with any third party. You can not make any unauthorized copies of the SOFTWARE or any content obtained through the Myabuy SOFTWARE. The media material provided through MYABUY, LLC, comes from the independent artist, Film Company, filmmakers, software and game publishers or suppliers or those authorized to sell the rights to the track, video, film, game, software and as such are distributed for personal use only. You agree to indemnify and hold harmless Myabuy, LLC, regarding any failure to comply with this section or our Agreement as a whole.
MYABUY, LLC, maintains exclusive ownership of the SOFTWARE, the Services, and all intellectual property rights associated herewith. You will immediately alert MYABUY, LLC, in writing upon your discovery of any unauthorized use or infringement of the Services (or their contents) or any patent, copyright, trade secret, trademarks or other intellectual property rights of MYABUY, LLC. Our SOFTWARE and the Services include proprietary information protected by copyright laws and international treaty provisions. Alerts can be sent via email at jovius@myabuy.com.
MYABUY, LLC, has the right to terminate your e-shop service immediately should you or your customer fail to obey any such local, state or federal law or violate any portion of this Agreement.
Title, Ownership and I.P rights
Title, ownership rights and intellectual property rights in and to our Content are the sole property of Myabuy. Independent e-shop contents and Independent RSS feeds on myabuy.com are the property of third-party content owners or copyright holders and is protected by relevant copyright laws and other intellectual property laws, provisions and regulations.. This Agreement gives you no express or implied license to any Content, including without limitation, any right to use, sell, rent, copy, distribute, broadcast, modify, perform or publicly display any Content without our or the content owners permission unless expressly written.
Myabuy, LLC, respects and obeys copyright law and expects its users to do the same. This SOFTWARE may not be used to infringe the copyrights or intellectual property rights of any third party. Any unauthorized use, copying, distribution, alteration, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights and a violation of the law. Our SOFTWARE should not be used to violate any third-party rights and you must comply with all relevant laws in the jurisdiction where you use the SOFTWARE, and includes relevant restrictions on copyrights and other intellectual property rights.
Limitations of service
MYABUY, LLC will make reasonable efforts to keep your account and the Service(s) we provide operational and available to you. However, certain technical difficulties or maintenance may occasionally result in temporary interruptions. We do not guarantee that any or all of our tools or services will be available to you or members of the public 100% of the time.
MYABUY, LLC can at any time modify or discontinue, temporarily or permanently, functions and features of the SOFTWARE and Service(s) without prior notice to you.
MYABUY, LLC will not be liable to you or any third party for any direct or indirect consequences of any alteration, malfunction, suspension, discontinuance of or interruption to any of the Service(s).
Your sole option, if changes are made are unacceptable to you, is to terminate your e-shop subscription to any of the Service(s) supplied here. Continuing to use our Services after we post a change of terms notice, or inform you by email of a new User Agreement on the SOFTWARE will bind you to the change, until you terminate your e-shop subscription.
Myabuy.com downloadable toolbar
MYABUY, LLC confers to you a limited, non-exclusive license to use a recognized browser toolbar with RSS feeds only for personal, noncommercial use and subject to the following terms:
You may not:
- modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the SOFTWARE or any portion thereof;
- copy the SOFTWARE or any portion thereof;
- sell, rent, lease, transfer, distribute, broadcast, display or otherwise assign any rights to the SOFTWARE to any third party;
- remove any proprietary notices or labels on the SOFTWARE;
- use the SOFTWARE in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
- use the SOFTWARE for any commercial or illegal purpose;
- use the SOFTWARE for other than your personal, non-commercial purposes
- use the SOFTWARE to invade the privacy of, or obtain personal information about, any SOFTWARE account holder or user, or to obtain a list of SOFTWARE account holders or users;
- copy, modify, erase or damage any information included on computer servers used or controlled by MYABUY, LLC
- use the SOFTWARE to violate any legal right of any third party, including any publicity or privacy right, copyright or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable;
- access or use any password protected, secure or non-public areas of the SOFTWARE except as specifically authorized in writing by Myabuy, LLC(unauthorized individuals trying to access these areas of the SOFTWARE may be subject to prosecution.)
Violation of any of the foregoing restrictions may result in the termination of your account. MYABUY, LLC, reserves any and all rights or remedies that may be available in the event of your breach of this User Agreement. In the event that you breach this Agreement, and you are (or are acting for the benefit of) a provider of content that appears within the SOFTWARE, such breach may also result in the removal of such content from the SOFTWARE and your inability to use any or all of our tools and services.
Copyright rights for Film, Video, Independent Music and Computer creations advertised, listed and sold on Myabuy.com
Unauthorized copying or distribution of copyrighted Independent Music, films, games, computer, is an infringement of the copyright holder's rights in such material. It is not our duty to monitor independent e-shops content or actions but in our discretion MYABUY, LLC can revoke the license of users who infringe upon the copyright, or other intellectual property rights, of others. If you are an artist or other copyright holder who believes that Myabuy, LLC's service is hosting an independent e-shop linking directly to infringing copies of your work, please let us know. Pursuant to 17 United States Code 512(c) (2), our chosen agent for notice of alleged copyright infringement is:
Copyright Agent Contact
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement connected to the SOFTWARE must be a written communication addressed to the chosen agent as set forth above, and must include all of the following:
- The exclusive right that is allegedly infringed physical or electronic signature of the owner;
- Each copyrighted work that they claim has been infringed;
- Information for MYABUY, LLC to swiftly connect and locate the work (e.g. title of work, location within the SOFTWARE, etc.);
- Realistically adequate information including a complete name and address, telephone number, and an email address must included for MYABUY, LLC;
- The complaining party must compose a written statement that is their good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- Instructions through a written statement asking MYABUY, LLC to remove or take action in respect to the alleged infringement (e.g., removal, access restricted or disabled); and
- Instructions through a written statement that the information they give is correct and via penalty of perjury that the complaining party was given power to act on behalf of the exclusive right owner that may be infringed.
Any opinions, advice, statements, services, offers or other information or content made available by third parties through their independent e-shops and RSS advertisements, are those of the respective author(s) or distributor(s) and not of Myabuy, LLC. Myabuy.com does not endorse nor is responsible for the accuracy of any opinion, advice, information, or statement made on or in connection with the SOFTWARE and is not responsible for any statement that brings forth any possible civil cause of action, be it defamatory, false, misleading, fraudulent or otherwise illegal in nature and you agree to hold us harmless from the same.
Additional User terms for hotels
(a)Limitations on Use of Website for all users If you book a reservation or have an Independent e-shop hosted on Myabuy.com, or use any information, data or images from the website, you agree to not use this website or information, images or data on the website, for any illegal purpose, or for any purpose prohibited by this agreement.
(b) Advisory for travelers on Travel Destinations We urge you to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations may be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
Liability Disclaimer for Hotels and Accommodations listed on or displayed on Myabuy.com RSS feeds.
INACCURACIES OR TYPOS MAY EXIST ON THE INFORMATION, SOFTWARE PRODUCT AND SERVICES OFFERED. WE DISCLAIM LIABILITY TO THE ACCURACY OR INACCURACY RELATING TO, THE INDEPENDENT E-SHOP HOTEL PHOTOGRAPHS, INDEPENDENT HOTEL PROPERTY DESCRIPTIONS, AND LISTS OF INDEPENDENT HOTEL PROPERTY AMENITIES DISPLAYED BY INDEPENDENT E-SHOPS ON THIS WEBSITE. INDEPENDENT HOTEL PROPERTIES PROVIDE ALL THE INFORMATION ON THEIR E-SHOPS. IF E-SHOPS DISPLAY HOTEL RATINGS THEY SHOULD BE SEEN AS GENERAL GUIDELINES. WE CANNOT GUARANTEE THE ACCURACY OF THE RATINGS.
NO REPRESENTATIONS FOR ANY PURPOSE ARE MADE ABOUT THE APPROPRIATENESS OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED OR PUBLISHED ON THIS WEBSITE.
WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREWITH. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCES OF NATURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, OR FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
BY OFFERING INDEPENDENT HOTELS THE CHANCE TO SELL THEIR HOTEL ACCOMODATIONS TO INTERNATIONAL DESTINATIONS VIA E-SHOPS AND RSS ADVERTISEMENTS MYABUY.COM DOES NOT REPRESENT OR AFFIRM THAT TRAVEL TO THE PLACES IS ADVISABLE OR WITHOUT RISK. WE ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO DESTINATIONS, WEATHER, AND FAILURE OF CARRIERS TO PROPERTY CONDUCT THEIR BUSINESS OR PROVIDE SERVICES, ACTS OF GOD, WAR, INSURRECTION OR DISEASE.
Additional terms for OTC pharmaceuticals, beauty products and cosmetic surgery listed and advertised on myabuy.com
For OTC pharmaceuticals, beauty products and cosmetic surgery Customers
The Independent E-shops which provide health content are for reference and education only and only a health care provider can determine treatment for specific medical conditions. All users should discuss the information provided by the Independent E-shops and displayed in RSS feeds on myabuy.com selling OTC pharmaceuticals and beauty products, with the users physician, pharmacist, or licensed health care professional before use. Cosmetic/elective surgery users should discuss with a board-certified cosmetic surgeon and determine the individual user's health needs and what type of cosmetic/elective surgery (if any) is right for the user before engaging in services. We urge all users before using any device, drug, herb, vitamin, or supplement sold or advertised on this site to consult with your health care provider and check product information regarding warnings, precautions, dosage, interactions and contraindications.
The user's health condition depends on a number of factors, including, your medical history, diet, lifestyle, and medication regimen. The users health care provider can best assess and address your health care needs.
The Independent E-shops advertising or selling OTC pharmaceuticals and beauty products on the independent e-shops and RSS feeds on myabuy.com are not evaluated by the US Food and Drug Administration or are necessarily intended to diagnose, treat, cure, diminish, or prevent any disease or health condition. MYABUY, LLC does not endorse e-shop supplier's or others' claims about the worth of these products. We disclaim all guarantees, express or implied, in respect to any products or services listed or sold, including any Warranties of merchantability or fitness for a particular purpose. No information conveyed by Myabuy.com or MYABUY, LLC either orally or in writing shall create such a contract.
Myabuy.com can correct any errors, omissions, or inaccuracies, but does not accept any liability for the accuracy, reliability, currency, or completeness of any information, content, service, or merchandise presented here (even typographical or imaging errors), including the substance, accuracy, or sufficiency of any product information listed on the Web site or RSS advertisements.
Myabuy.com accepts no liability for any consequences from using or misusing any information published via our tools or services. This includes any injury and/or damage to any person or property as a matter of product liability, negligence, or otherwise. Myabuy, LLC or Myabuy.com in no event should ever be liable for any incidental, consequential, punitive, or special damages, direct or indirect. Myabuy.com is not liable for the unauthorized use of our content by other Web sites, persons or entities.
We can electronically monitor areas of our site and disclose any content, records, or electronic communication of any kind if required by any law, regulation, or government request, if it is necessary or appropriate to operate the site, or to protect our rights or property, or the rights of the users, partners, and business providers. If were alerted to alleged infringing, defamatory, damaging, illegal, or offensive content, we can investigate the allegation and determine whether to remove or request the removal of said content from this site.
We especially prohibit resale of products or services purchased in connection with Myabuy.com independent e-shops. If it reasonably appears to us your intention to resell said products we can inform the independent e-shops suppliers to not sell products to you. Verification of information may be required prior to approval of any order taken by independent e-shops. OTC pharmaceutical sellers must show they adhere to current international ISO 9002 and ISO 17025 processes credentials.
It is not our obligation but we retain the right to limit quantities of items purchased by each customer from the independent e-shops selling on our site. Price, quantity, availability of any product or service, and shipping Types and shipping rates are subject to change without notice and are determined by the e-shop selling the OTC pharmaceuticals and beauty products. A restocking fee may apply to returns made to the e-shop.
Our failure to insist on strict performance of any provision of these terms, conditions, and policies shall not be seen as an implicit waiver of any provision.
If any part of this agree is ruled to be unenforceable, then such part shall be severed, with the remainder of the agree remaining in full force and effect.
You are solely responsible for your employment opportunity listings on Myabuy.com
You are solely responsible for employment opportunity listings on Your Independent E-shop and/or Independent RSS feeds on myabuy.com. Your use of myabuy.com recognizes we are not an employer nor responsible for any employment decision, made for any reason, by any entity who uses myabuy.com to advertise or list employment opportunities in their RSS feed, and/or Independent E-shop on myabuy.com.
Myabuy.com does not guarantee specific results from using Myabuy.com. No advice or information, whether oral or written, obtained by a User from or through Myabuy.com will create any Warranties not expressly stated herein.
Myabuy.com forbids the following employment opportunities
Myabuy.com expressly forbids You from using the Employment Opportunity category on myabuy.com to do any of the following: (a) list any employment opportunity on Myabuy.com for a Myabuy.com competitor or post employment or other content that contains links to any site competing with Myabuy.com; (b) post content on Myabuy.com Independent E-shop, RSS feeds on myabuy.com or both that contain deceptive hyperlinks and keywords unrelated to the employment; (c) list incomplete, false or inaccurate biographical information; (g) list any pyramid scheme, "club membership", distributorship or sales representative arrangement or business opportunity which requires an up front or periodic payment), or require users to recruit others; (h) send unsolicited mail/ e-mail/ faxes or make unsolicited phone calls referred to as SPAM and telemarketing respectively to users of Myabuy.com; (i) delete or revise any material posted by another person or entity;
Myabuy.com is not obligated to monitor any materials posted, transmitted, or communicated to or within the Site.
Additional Terms for Employment Opportunities
To use Myabuy.com Employment opportunities, Our Customer agree to be bound by our additional Employment Terms and Our Customer represents they are 18 years of age or older, or the age of majority as defined in your province, whichever is older and the Our Customer has the authority and capacity to agree and abide by all terms including the Additional terms for Employment opportunities.
Myabuy.com is a platform for business providers to compose and list through myabuy.com RSS feeds offerings employment opportunities among other categories that Our Customers indicates interest in. Myabuy.com does not screen employment opportunities on myabuy.com. Myabuy.com does not get involved in the actual transaction between any employer and applicant or have control over the quality, safety or legality of the employment, the truth or accuracy of the employment opportunities, the ability of the employer to offer employment opportunities or the applicant's ability to fill them. We make no representation for the content on Myabuy.com. Myabuy.com reserves the sole right to remove any employment opportunity content on Myabuy.com and Myabuy.com RSS feeds but has no obligation to do so. Myabuy.com disclaims any liability for failing to take any such action.
Our Customer assumes all risks and dangers related to dealing with employment opportunities Our Customer may come in to contact with on Myabuy.com. Other people's information may be harmful, inaccurate, or even mislabeled or false. Myabuy.com expects Our Customer to use caution and common sense.
Myabuy does not verify our Customers or employment opportunities listed or their claims. Myabuy.com does not get involved in dealings or control their behavior. If You have a employment opportunity dispute with one or more Users, You release Myabuy, (and our agents and employees) from any claims, demands and damages (actual, consequential, direct and indirect) of any nature.
For California residents, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
We make no representations about the accuracy, reliability, completeness, or timeliness of Myabuy.com employment opportunities Content. Changes may be made to Myabuy.com at any time and You are solely responsible for the accuracy of your information on Myabuy.com.
You are responsible for fees and taxes
You agree to pay all fees necessary to open an independent e-shop on Myabuy.com shop and Services purchased and agree with Myabuy.com' Fees Policy included into this Agreement by reference. All fees are payable in U.S. Dollars only. MYABUY, LLC, HAS THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING TYPES, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY MYABUY, LLC, UPON EFFECTIVE NOTICE TO YOU, WHICH SHALL INCLUDE NOTICE SENT TO YOUR CHOSEN EMAIL ADDRESS. If this change is unacceptable to you, you may terminate your individual subscription by contacting our customer service at jovius@myabuy.com.
Your applicable fees are charged to the credit card you entered
Your applicable fees are charged to the credit card you picked as the credit card to be billed for your account.
Date You will be billed
Your credit card will be charged for renewal on your billing date ("Billing Date"), based on a 1 year contract. Should your Establishment Date be on the 29th, 30th or 31st day of a month, and there are fewer than thirty-one (31) days in the month payment is due, your Billing Date for that particular renewal will be on the last day of the month.
Early Termination for Independent E-shops
Independent E-shop Subscriptions are provided and priced based on a month to month commitment. Such minimum commitment is based on your Billing Date, rather than the first or last day of a calendar month. We may sustain costs in the value of the agreement that may be difficult to measure in the case of your early termination. Thus, in the event of early termination for any reason (including voluntary termination by you or credit card expiration), MYABUY, LLC, may charge liquidated damages resulting from your early termination.
Absolutely no refunds for any services we provide
Prior to termination any advance charge or payment for the month to month term of your independent e-shop subscription, is not refundable. Terminating your subscription will not relieve you of any obligations to pay accrued charges.
Types of payment we accept and terms
All payments are to be made using VISA, MasterCard, American Express or Discover Card. YOU, AND NOT MYABUY, LLC, ARE ACCOUNTABLE FOR PAYING ANY AMOUNTS FOR SERVICES BILLED TO YOUR CREDIT CARD DEBITED BY A THIRD PARTY WITH ACCESS TO YOUR CREDIT CARD OR CREDIT CARD NUMBER, WHETHER YOU AUTHORIZED SUCH AMOUNTS OR NOT. You agree to pay all fees and charges made in connection with your account (including any relevant taxes) at the rates in effect when the charges were sustained. Should Myabuy, LLC, not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Myabuy, LLC, A Delaware Series LLC.
Unauthorized Charges Made
You must alert MYABUY, LLC of any inconsistencies or unauthorized charges within sixty (60) days after they first appear on you and/or your credit card statement, or they are considered accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release MYABUY, LLC from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to MYABUY, LLC within sixty (60) days that it first appeared on an invoice or credit card statement.
Late Payments Made
If payment is past due on your account, your account can be deactivated at any moment without notice to you, regardless of the dollar amount. If this happens you agree to pay in full any outstanding balance within thirty (30) days of cancellation or termination of your e-shop subscription to the relevant Service(s).
Without limiting Myabuy.com' remedies, any amount due that is not received from your chosen account accrues a late fee at two percent (2%) per month or the maximum rate permitted by relevant law, whichever is less, from the due date until paid.
Taxes for services provided
All governmental taxes imposed on your use of the Service(s), including, sales, use or value-added taxes are your responsibility. For this agreement, all fees exclude relevant sales, use, and other taxes and government charges, whether federal, state or foreign. You're accountable for payment of all such taxes, fees and charges, and any connected penalties and interest that result from the payment of any fees under this Agreement including the access to or license of the Software and performance of the Services here.
TRANSACTION AUTHORIZATION AND TERMS OF SERVICE AGREEMENT IS INDICATED BY CHECKING THE BOX NEXT TO "I AGREE TO MYABUY TERMS OF SERVICE," HEREAFTER REFERRED TO IN THIS AGREEMENT AS YOUR ELECTRONIC SIGNATURE.
Myabuy, LLC, A Delaware Series LLC, seeks authorization for business providers who list with us by requiring you to check the box indicating that you agree to Myabuy terms of service, hereafter referred to in this agreement as the electronic signature, stored in the Myabuy database in order to validate your agreement to our terms of service and authorizing us to charge fees for access to relevant services prior to the first purchase.
You acknowledge your checking the box next to "I agree to myabuy terms of service" you swear, under risk of perjury, that the information contained in your listing and/or advertisement is legitimate and legal. You further accept all the terms of this legally binding myabuy.com terms of service agreement and by checking the box "I agree to myabuy terms of service" signed will have the same legally binding effect as a signature using pen and paper. Myabuy, LLC, A Delaware Series LLC seeks authorization for business providers that list with us by requiring your typed full name, hereafter referred to in this agreement as the electronic signature stored in Your computer or electronic storage device, to validate your agreement to our terms of service and ability to charge the fees to access the relevant Services prior to the first purchase. You acknowledge your typed name represents your single electronic signature and swear, under risk of perjury, that the information contained in your listing and/or advertisement is legitimate and legal. You further accept all the terms of this legally binding myabuy.com terms of service agreement and that documents signed using this electronic signature will have the same legally binding effect as a signature using pen and paper.
You acknowledge your checking the box next to "I agree to myabuy terms of service" you swear, under risk of perjury, that the information contained in your listing and/or advertisement is legitimate and legal. You further accept all the terms of this legally binding myabuy.com terms of service agreement and by checking the box "I agree to myabuy terms of service" signed will have the same legally binding effect as a signature using pen and paper. Myabuy, LLC, A Delaware Series LLC seeks authorization for business providers that list with us by requiring your typed full name, hereafter referred to in this agreement as the electronic signature stored in Your computer or electronic storage device, to validate your agreement to our terms of service and ability to charge the fees to access the relevant Services prior to the first purchase. You acknowledge your typed name represents your single electronic signature and swear, under risk of perjury, that the information contained in your listing and/or advertisement is legitimate and legal. You further accept all the terms of this legally binding myabuy.com terms of service agreement and that documents signed using this electronic signature will have the same legally binding effect as a signature using pen and paper.
Warranty Disclaimer
MYABUY.COM, AND ITS SERVICE PROVIDER, SUPPLY THE SOFTWARE, ADDITIONAL SOFTWARE,TOOLS AND SERVICES, ON AN "AS IS" WHERE IS BASIS AND CLEARLY DISCLAIMS ANY AND ALL, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND WARRANTIES RESULTING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. THE SOFTWARE, ADDITIONAL SOFTWARE, OR TOOLS AND SERVICES IS NOT WARRANTIESED BY MYABUY OR ITS SERVICE PROVIDER TO BE ERROR-FREE OR UNINTERRUPTED AND WE MAKE NO CLAIMS REGARDING UPTIME, USE, DATA SECURITY, ACCURACY AND RELIABILITY OF SERVICES. YOU AGREE THAT THIS IS REASONABLE AND AN ESSENTIAL ELEMENT OF THIS AGREEMENT. MYABUY, LLC, A DELAWARE SERIES LLC ALSO MAKES NO WARRANTIESY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SOFTWARE OR THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SOFTWARE AND REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SOFTWARE OR ANY DEALINGS ENTERED INTO THROUGH THE SOFTWARE
Limitation
THE ENTIRE RISK RESULTING FROM THE USE AND/OR PERFORMANCE OF THE SOFTWARE IS BORN SOLELY BY YOU. MYABUY.COM, ITS SERVICE PROVIDERS, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS SHOULD NEVER BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, ACCIDENTAL OR RESULTING DAMAGES THAT OCCUR IN CONNECTION WITH THE SOFTWARE, THE ADDITIONAL SOFTWARE, THE SERVICES OR THIS AGREEMENT (INCLUDING NEGLIGENCE). THE COLLECTIVE LIABILITY OF MYABUY.COM, ITS SERVICE PROVIDER, AND THE LIABILITY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE OR FOR OTHER DAMAGES (THIS INCLUDES DAMAGES FOR BUSINESS PROFITS LOST, BUSINESS INTERRUPTIONS, BUSINESS INFORMATION LOST, OR OTHER FINANCIAL LOSS) RESULTING OUT OF THIS AGREEMENT OR THE INABILITY TO USE THE SOFTWARE OR ANY PART OF IT, EVEN IF MYABUY, LLC IS ADVISED THAT THERE IS A POSSIBILITY OF SUCH DAMAGES IS LIMITED TO ONE HUNDRED U.S. DOLLARS (U.S. $100). CERTAIN STATES/JURISDICTIONS FORBID THE ELIMINATION OR LIMITATION OF LIABILITY FOR CONSEQUENTIA/ INCIDENTAL DAMAGES, HENCE SOME OF THE ABOVE RESTRICTIONS MAY NOT APPLY TO YOU, BUT APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.
Myabuy is Indemnified
MYABUY, LLC, A DELAWARE SERIES LLC and its, members, officers, directors and employees, are indemnified and held harmless from any claim or demand, including reasonable attorneys' fees, made by any third party THAT results from or is connected to your violation of this Agreement, or violation of any law, regulation or third-party right sustained from: (a) infringement of the pledges of this Agreement, (b) any content provided by You or generated by users of Your Independent E-shops, and your RSS feeds on Myabuy.com, (c) all claims that result from the sale or license of goods or services in Your independent E-shop(s), and RSS feeds on Myabuy.com or (d) terms that are set out for individual Myabuy.com categories, (e) Any Customer content or review submitted or shared with other people (f) All violations of this Agreement or the documents it incorporates by reference Myabuy.com, and its service provider indemnity rights will not be limited or offset by any causal negligence by Myabuy.com.
Our Privacy Policy on Customer Data/Personal Information and Your Data/Personal Information
Myabuy.com will never sell your data to third parties for marketing purposes without Your explicit consent and Myabuy.com uses and discloses Your Data as detailed in the Myabuy.com Privacy Information, included below and subject to change by us.
Myabuy.com will collect, Independent E-shops and process Customer Data and Your Data on computers located in the United States that is protected by physical as well as technological security devices. If you object to Customer Data or Your Data being collected, E-Shops or processed in this way, please do not use the Software or Services.
All Customer Data that you use and is collected or disclosed to you in trust and confidence should be preserved and disclosed only according to your e-shops privacy policy agreement. You must post, preserve and obey your privacy policy and inform Your e-shop and/or myabuy.com RSS feed customers what Customer Data is collected, how it will be used, the date Your privacy policy is effective and how your customers can find out about any changes in Your privacy policy. A privacy policy hyperlink must be placed on the first page of Your Independent E-shop and on all pages where you collect Customer Data. You must expressly alert in your e-shops posted privacy policy statement that Your independent E-shops, and Your myabuy.com RSS feeds is hosted by Myabuy.com and Myabuy.com has access to collective information on customers of Your Independent E-shops and Your RSS Advertisement so that we can analyze performance and make improvements to Myabuy.com.
Any Account can be terminated if our policies, guidelines or terms and conditions of this Agreement are violated
Your account, can be terminated in whole or in part, but not limited to other solutions and we can refuse to provide Software functionality or Services to You if: (a) You fail to pay any fees to Myabuy.com (b) You break any of the pledges of this Agreement; (c) You violate this Agreement or what it incorporates by reference in any other manner; (d) Myabuy.com cannot authenticate any information you provide to Myabuy.com; or (e) Myabuy.com believes Your actions can cause financial loss or legal liability for You or Myabuy.com (f) You use a business/trademarked category on Myabuy.com for unaffiliated advertisements without the express written consent of the business/trademark owner. (g) Myabuy.com reserves the right to act immediately against unauthorized advertisers/advertisements and report them to the proper authorities. (h) Myabuy.com encourages all users to report any violations to jovius@myabuy.com.
Termination Policy Termination Policy
Individual shop subscription to any of the Services can be terminated by contacting our customer support center at support@myabuy.com. Once you terminate your subscription, we will stop billing your credit card unless you re-subscribe to a Service. Your termination request may be recorded by Myabuy.com and require your user name and password and verification code.
All fees paid and charges made prior to termination as stated above are nonrefundable and includes any advance charges or payments for the e-shop subscription term before you terminate your subscription. Your obligations to pay accrued charges will not change with the termination of your e-shop subscription.
MYABUY, LLC, in its judgment and without prior notice, can freeze or terminate your user name, password or use of the SOFTWARE and/or Service(s) for any reason. This includes if we believes you have acted against the letter or spirit of this Subscription Agreement or the MYABUY End User License Agreement. MYABUY, LLC, A DELAWARE SERIES LLC may at its judgment modify or discontinue providing the SOFTWARE and/or any Service, or any part thereof, at any time without notice. MYABUY, LLC will not be liable to you or any third-party for any interference with or termination of your access to the SOFTWARE and/or any Service.
All outstanding fees you owe will become instantly due and payable on the day of your termination. Myabuy.com rights to recover from you losses, damages, indemnity, defense costs, expert costs, collection costs and attorneys fees or expert witnesses' cost or other costs of any kind under this Agreement are unaffected by your termination.
Governing Law and Arbitration
This Agreement will be governed by and construed in accordance with the internal laws of the State of Delaware, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Washington, DC, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will initially bear its own costs and attorneys' fees, but the prevailing party shall be reimbursed by the other party for all attorneys fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.
This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods and the SOFTWARE we provide of which is hereby expressly excluded from the Convention.
Use of this website is unauthorized in any jurisdiction that doesn't give effect to all provisions of this Agreement. If any clause of this agreement is invalid or unenforceable pursuant to relevant law by any court of competent jurisdiction, the other provisions of this agreement will remain in full force and effect.
You and Myabuy are Independent Contractors
The relationship between You and Myabuy.com is of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement or use of this website.
Forces of nature
Excluding the payment of any fees due under this Agreement, neither party's delay in the performance of any duties or obligations under this Agreement will be considered a breach of Agreement if the delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond the control of the party.
How to Handle disputes
We strongly advise contacting Myabuy.com first when seeking a resolution for any dispute or controversy. We can consider reasonable requests to resolve a dispute through mediation, as an alternative to arbitration, and you are bound to mandatory, binding arbitration if you wish to avoid mediation or if mediation fails to bring about a resolution to any controversy.
Should it be determined that any part of this agreement is invalid or unenforceable pursuant to relevant law including the Warranties disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agree shall continue in effect.
No Assignments should be made
Assigning, transferring or delegating this Agreement or any rights or obligations here to by you to another party is forbidden. This Agreement may be freely assigned by Myabuy.com to any third party or entity without prior notice to you.
No Third Party recipients should be made
Nothing here, express or implied, is intended to or is to be construed to confer to any person, other than the parties, any interests, rights, remedies or other benefits with respect or in connection with any agreement or provision included here or contemplated here.
Severability
Any provision of this Agreement found invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Myabuy.com failure to act to a violation by you or others does not waive Myabuy.com' right to act in respect to subsequent or similar violations.
Construction
Headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. In this Agreement, the term "including" means "including without limitation," unless expressly stated to the contrary.
Survival
Any outstanding fees owed for the Services, Disclaimer of Warranties, Limitation of Liability, Indemnity, Customer Data, Your Data, & Privacy Policy and Rights upon Termination shall survive any termination or expiration of this Agreement.
Disclosures
The services hereunder are offered by Myabuy.com LLC.
Additional Terms
The following policies are included by reference and provide additional terms and conditions connected to the Services offered by Myabuy.com:
(a) Forbidden Items Policy (b) Privacy Policy
These policies may be altered and the new policies will be effective immediately after being posted on the Myabuy.com Site. By using particular services on Myabuy.com Site, You agree to be subject to any posted policies or rules relevant to services you use through the Myabuy.com Site, which may be changed. All such posted policies or rules are included by reference into this Agreement.
Items we forbid you to sell and advertise
Myabuy.com has a Forbidden Items Policy to provide customers and users ("You," Your or "customers,") of its services, systems and network (the "Services") with rules on the types of products and services You are not allowed to sell in Your independent E-shops or RSS Advertisement via the Services made available at www.Myabuy.com.
Our Prohibited Items Policy can be altered at any time by our posting the changed policy on the Myabuy.com Website. All changed terms are effective immediately after being posted on the Myabuy.com Website. Continued use of Myabuy.com Services indicates your approval of any changes or additions to this Prohibited Items Policy.
Policy Scope for Independent E-shops and Advertisers
Merchants using Myabuy.com' software or services, are accountable for the sale and purchase of items corresponding to your independent E-shops, the categories you choose to place your myabuy.com RSS feeds in or your myabuy.com RSS feeds themselves.
Forbidden Items
The following items, products, or services to be sold in e-shops or on myabuy.com RSS feeds are forbidden:
- Tools to be used for crime and theft
- Counterfeit or Stolen, products or property
- Illegal Drugs and illegal drug accessories
- Any type of incendiary devices or fireworks
- Stolen ID or personal financial records or personal Information
- Competitions involving Lotteries, sweepstakes or contests
- Hate Speech and Child Pornography
- Financial securities
- Cigarettes, cigars, chewing tobacco and any tobacco products
- Weapons
- Identification materials
- Personal data or information of any third party or entity
- Intellectual property not authorized for sale by copyright or property owner
- Indecent or obscene material
- Material that violates the law of any jurisdiction
Violation of Policy
Your use of the Services can be terminated without notice to you, your customers and your RSS feed on myabuy.com for violating this Restricted Items Policy and other policies detailed in this terms of service agreement. Myabuy.com may report your activities to federal and/or state law enforcement agencies.
PRIVACY POLICY
All types of information Myabuy.com ("we" or "us" or "our") collects and how we use that information is described in our privacy policy below. All information that you supply to us will be governed by the terms and conditions of MYABUY, LLC Privacy Policy, and may be updated by us on occasion. All your Account Information will be treated with respect for its confidential nature, and in agreement with our Privacy Policy.
Overview
Our Privacy Policy is part of the terms of the Myabuy.com Site User Agreement, Myabuy.com RSS feeds, and the Myabuy.com Merchant User Agreement. The Myabuy.com Merchant User Agreement and this Privacy Policy is agreed upon when you register to receive services from Myabuy.com ("Myabuy.com Services"), you clearly agree to our disclosure of your personal information in the manner described in this Privacy Policy. Should you refuse to abide to the terms of this Privacy Policy, please do not use Myabuy.com Services and do not access the Myabuy.com website located at www.Myabuy.com. ("Myabuy.com Site").
This policy is effective 05/05/2007. You can contact us at privacy@myabuy.com to review any personal information. A charge may be applied to such requests but it will not exceed the amount permitted by law.
Information we collect from users
By opting to use Myabuy.com Services, we require you provide contact and identity information, billing information, and other personal information indicated on the Myabuy.com Site. You are no longer anonymous after registering on the Myabuy.com Site.
The following info is collected from all users:
- Your Email address, physical contact information, and (depending on the service used) financial information;
- Computer sign-on data, page views statistics, traffic to/from Myabuy.com Site and ad data through cookies You can opt to disable cookies on Your browser, but this is likely to affect Your ability to use Myabuy.com Site;
- Your desired name for Your independent E-shops (depending on the service used);
- General information on the Myabuy.com Services you registered to receive and the operation of your independent E-shops.
How we use your information
We use your personal information to:
- To solve disagreements, collect fees, and diagnose problems;
- To confirm an users identity and the information that they supplied;
- Implement our user policy;
- Personalize users' experience, site analyzes, increase interest in our service while also updating users on new services we offer;
- Send updates to users on information that can affect their use of Myabuy.com Services;
- Send promotional offers to users;
- Improve customer service;
- For other business activities detailed here and;
- Supply our services to you
Your personal information is used to deliver to you information targeted to your interests. When you receive our first targeted message, you have the chance to opt-out of future e-mails by clicking the unsubscribe link or by following the unsubscribe instructions described within the e-mail. On occasion we apply solutions to more efficiently capture your correspondence preferences. Should this occur we strive to include any stated correspondence preferences to such solutions.
You will receive certain organizational updates from Myabuy.com, such as organizational announcements and customer service messages regarding Myabuy.com Services and products as part of this privacy policy and user agreement.
We may release your personal information to a third party if (or as set forth below)
- Your personal information is subpoenaed by a third party or entity
- If you are an actual or potential litigant to a case or potential legal matter in which you are a party and we are a party.
Our Disclosure of Your Information
We never sell or rent your personal information to third parties for their marketing purposes without your explicit agreement. Personal information can be disclosed to respond to legal requirements, implement our policies, and answer claims that an independent e-shop listing or content violates other's rights, and to protect anyone's rights, property, or safety. Personal information can be shared with:
- Providers who help with our business operations and help deliver Myabuy.com Services to our users. Such providers are under privacy agrees with us;
- With law enforcement and government officials to prevent and take action against illegal activities, suspected fraud, violations of Merchant User Agreement, or as required by law; and
- Should we or our corporate associates be in a merger or acquisition, we can share personal information with another company. This Privacy Policy will still apply unless it is changed as described in the section set forth below.
E-shops requirements when disclosing customer information
Only in agreement with Your Independent E-shops privacy policy are you allowed to use and disclose personal information collected from your customers that access your independent e-shops, view your RSS advertisement or search you shop can you use and disclose customer information. You must post, preserve and adhere to Your Independent E-shops privacy policy that informs Your Independent E-shops customers what customer information is collected, how it is used, the effective date of Your privacy policy and how Your customers may learn of changes to Your Independent E-shops, Your Independent RSS Advertisement privacy policy as agreed upon when you entered into this Merchant User agreement. A hyperlink to Your Independent E-shops, privacy policy must be enclosed on the first page of Your independent E-shops, and on any and all pages where You collect customer info.
You also agree to prominently include within Your Independent E-shops posted privacy policy a statement notifying Your independent E-shops, that Your independent E-shops is hosted by Myabuy.com and that Myabuy.com, including its service providers, its associates, maintain access to collected information connected to Your independent E-shops, your independent RSS advertisement customers or viewers so Myabuy.com can analyze performance and make improvements to Myabuy.com Services. You may not use your customer information to send spam.
How to Modify Your Personal Information
Those registered and receiving Myabuy.com Services may access, review and modify your personal information at any time by logging into your Profile page on the Myabuy.com Site.
We delete personal information we do not need for the reason described above. We can keep personal information as allowed by law to solve disputes, implement our policies, and help prevent bad people from coming back.
Scope and SOFTWARE of User Agreement
Compliance with, and cooperation in Myabuy.com' enforcement of, this User Agreement is an important clause for your continued contractual rights to use Myabuy.com Services.
It is not our intention with this User Agreement to deal with all possible unacceptable uses of the Services. Thus Myabuy.com reserves judgment to determine what is an unacceptable use of its Services and reserves the right to suspend or terminate Your Services, or take such other action as Myabuy.com deems appropriate in our exclusive judgment.
Site and all tools and services must be used for Lawful Purposes
Our Services and tools can only be used for lawful purposes. You agree not to transmit or present any information, software, data, file or material in violation of any relevant law or regulation. The Services cannot be used to help or allow others to violate any law or regulation.
Permission Based Communications for Independent E-shops and for RSS feeds on myabuy.com.
Myabuy.com' Services and tools allow you to send permission requested email messages for purposes of marketing Your goods and services only if you comply with the rules detailed in this User Agreement, the Myabuy.com Privacy Policy and all relevant laws including the MAY-SPAM Act. You marketing that uses Myabuy.com' Services must be opt-in based. Adequate and verifiable records must be kept to prove your marketing is strictly opt-in only. If you buy mailing lists to contact third parties via Myabuy.com' Services, you have to verify that these lists were compiled on a strict "opt-in" basis.
All opt-in communications sent using Myabuy.com' Services must include and requires you to take the following actions detailed below:
- Your opt-in message must have a working "unsubscribe" link.
- You must have the recipient's real e-mail address in the "to" line and the sender's real e-mail address in the "from" line.
- A hyperlink to your privacy policy.
- A hyperlink or e-mail to address "abuses".
- A clearly displayed up-to-date mailing address, telephone number and facsimile number.
Your accountable for the transmission of all such opt-in based communications connected to your independent E-shops and your use of the Myabuy.com Services. The right to terminate Services to You and Your independent E-shops, Your Independent RSS Advertisement is reserved by us should Myabuy.com receive, in its exclusive judgment, an disproportionate number of complaints connected to Your opt-in messages, regardless of whether the complaints are made by parties that opt-in or otherwise.
Illegal Use of Myabuy.com
Should you, your end users, your RSS feeds on myabuy.com or any third party acting for you or your end users employ any activity, directly or indirectly, or try to engage in an activity, whether successfully or otherwise, contrary to the terms of this User Agreement you will be in violation of our policies.
We will not intervene in any disputes connecting you and a third party, including but not limited to customers or viewers of Your independent E-shops and/or Your RSS feeds on myabuy.com. We reserves the right to terminate Services to you should we receive a third party complaint that you employed any activity that violates this User Agreement that can subject Myabuy.com to liability for any reason, or result in Myabuy.com sustaining legal fees or other expenses.
Myabuy.com may terminate your use of the Services without notice to you should you break this user agreement. Myabuy.com may also report you or Your customers activities to federal and/or state law enforcement agencies.
United States Export Laws
Your use of Myabuy.com' Services are governed by United States export control laws. These laws apply to you, your customers and use of Myabuy.com' Services regardless of whether you reside in the United States.
You nor your RSS advertisement or customers can use this site for any purpose that violates export control laws, which may include the sale of products that may be legal to sell in the United States, but illegal to export. Myabuy.com' Services can not be offered services to Your Independent E-shops and Your RSS advertisements to customer that United States citizens may not do business with.
Our SOFTWARE contains restricted rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as relevant. Manufacturer of SOFTWARE is MYABUY, LLC a Delaware Series LLC. None of the SOFTWARE may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Serbia (except Kosovo), Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Chosen Nationals or the U.S. Commerce Department's Denied Parties List or Entity List. Using the SOFTWARE means you agree to the following and representing and Warranties that you are not located in, under the control of, or a national or resident of, any such country on the list.
Additional information about United States export laws may be obtained from the United States government's portal to exporting and trade services at http://www.export.gov/exportcontrols.html.
Monitor Your Services
Only you are responsible to see that materials sent, displayed distributed using Myabuy.com' Services comply with this User Agreement and all relevant laws and regulations. Myabuy.com doesn't review, edit, censor or take liability for any information you, other customers or your customers create.
Should we be ordered to obey with a court order, subpoena, summons, discovery request, Warranties, regulation or governmental request, we can detail info, including info you or your customer considers confidential. Myabuy.com does not have any obligation to inform You and your customers that this info was provided and, depending on the case, we may be forbidden by law from providing You and your customers with notice.
Myabuy.com can choose the method of such communication in its sole judgment, which may include without limitation email.
Customer Conduct Guidelines
Our Customers agree no materials submitted through a Customers account or published, transmitted, or shared on or through us or our Services will violate or infringe upon the rights of any third party copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
Our Customers agree not to:
- Publish or share any content that is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- Sign up on behalf of any group, third party or entity;
- Impersonate any person or entity, or misrepresent their information, age or affiliation with any person or entity;
- Publish or share any unsolicited or unauthorized advertising, "chain letters," "pyramid schemes," or any other form of SPAM;
- Publish or share private information of a third party;
- Solicit personal information including passwords or identifiable information for commercial or unlawful purposes from any Myabuy.com customers under the age of 18.
- Publish, share or supply material containing 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;
- Intimidate or harass others;
- Publish or share content that encourages or provides instructions for a criminal offense, violate the rights of any party or violate any local, state, national or international law;
- Use or attempt to use another customers account;
- Create a false identity on Myabuy.com or its services;
- Publish or share content that Myabuy.com sees as objectionable, or may expose Myabuy.com or others to any form of harm or liability.
Customer Content provided to Myabuy.com and merchants and advertisers using Myabuy services
Our Customers are solely responsible for their profile (including log in name), messages, notes, text, information, and other content, posted on their profile, including reviews of business providers and advertisements on myabuy.com and through Myabuy services, and the content shared with others. We forbid Our Customers from publishing content on Myabuy.com that, they do not have permission to publish. Myabuy.com reserves the right but not obligation, to review Myabuy.com and delete any content including reviews of business providers and advertisements on myabuy.com RSS feed for any reason without notice, including content that we believe violates our user agreement. You are solely responsible and must bear the entire cost and expense for creating backing up and replacing any content published or stored on Myabuy.com.
Our Customers who publish any content or reviews on Myabuy.com merchants and/or advertisers using myabuy RSS feeds gives us permission to make copies to assist in site maintenance. Our customers grant, and Warranty they have the right to grant, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense for us) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute the content for any purpose, on or in connection to Myabuy.com or the promotion of myabuy.com, to prepare derivative works or incorporate into other works, this content to myabuy.com, and to grant and authorize sublicenses when publishing any content on myabuy.com or our services.. Our Customers can remove the content they created from Myabuy.com at any time, in which case the license granted above will automatically expire. Our Customer retains full ownership, and any intellectual property rights or other proprietary rights associated with their content, subject to the rights granted to us above.
Our Customers agree any questions, reviews, comments, suggestions, ideas, feedback or other information they provide to Myabuy.com or the Services we provide is not confidential and shall become the sole property of Myabuy.com. Myabuy.com shall own exclusive rights, including all intellectual property rights, and be entitled to the unrestricted use of anything our customers submit for any purpose, without acknowledgment or compensation to our Customers.
We are not responsible for Customer Content on Myabuy.com
Myabuy.com is not responsible or liable in any way for any content published on Myabuy.com or in connection with the Service. We provide customer conduct guidelines and rules on what they can publish but we cannot control or be responsible for what our customers publish, provide or share on Myabuy.com including any offensive, unlawful or objectionable content you may encounter on Myabuy.com or in connection with our services.
Myabuy.com "Recommend This" Service
Our Customers may share with others or publish on their own profile, their favorite business providers on myabuy.com, their real background information, interests and links to, business providers on myabuy.com and/or third party sites that use myabuy.com RSS feed through our "Recommend this" service. Our Customers agree to abide by our customer conduct policy listed above, when using our "Recommend this" Service to share links or content.
Links to Third Party Websites on Myabuy.com
We do not monitor, review or control third party sites that link to Myabuy.com. You acknowledge and agree not to hold myabuy.com liable in any way for the content, transactions or policies of linked third party sites. Please review the terms of third party sites. If you access third party sites linked to us, you do so at your own risk.
Contact Information
You are liable to provide and check your account and contact info. This includes a required working e-mail address that was provided to Myabuy.com during your sign-up process. Informing Myabuy.com promptly of any changes to your account or contact information is your job. We are not liable for any misdirected messages or broadcasts should you fail to provide Myabuy.com with updated contact information.
This agreement contains the entire agreement between the customer and Myabuy, LLC in regards to this website, Myabuy.com and supplements all previous or simultaneous communications and proposals, whether electronic, oral, or written, connecting the customer and Myabuy, LLC in regards to this website.
Entire Agreement
This Agree sets forth the entire understanding and agree connecting you, your customer and Myabuy.com, our customer, with respect to the subject matter hereof.