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FINDAPART.GR'S
SERVICES (SERVICES) INCLUDE PROPRIETARY MATERIAL, THE USE OF WHICH IS
SUBJECT TO THE TERMS AND CONDITIONS OF THIS END-USER AGREEMENT, AS
AMENDED FROM TIME TO TIME WITHOUT NOTICE TO YOU.
This Terms Of Services Agreement (TOS) is an agreement between you
and TRICK Media/Findapart Services (findapart.gr), a Giannitsa
located at 14th Sebtembrio 1, Greece (Company).
I. ACKNOWLEDGEMENT AND ACCEPTANCE OF AGREEMENT The Services,
provided by Company is provided to you (User) under the terms and
conditions of this End-User Agreement, and any amendments thereto and
any operating rules or policies that may be published from time to time
by Company , all of which are herby incorporated by reference. The
End-User Agreement comprises the agreements pertaining to the subject
matter contained herein. BY COMPLETING THE REQUEST FORM OR SIGNING UP
AS A VENDOR, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF SERVICE.
II. DESCRIPTION OF SERVICES Company currently provide users with
access to a large selection of Vendors, Wreckers and Dealerships for a
variety of vehicles and makes through-out Europe. Unless explicitly stated otherwise, any new feature that
augment or enhance the current Service, including the release of new
Software, Features or Web Sites, shall be subject to this TOS. You
understand and agree that the Service is provided AS-IS and that
Findapart.gr assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications,
personalized settings or distribute appropriate part requests.
III. USERS REGISTRATION OBLIGATIONS User must be at least thirteen
(13) years old to register for the Services. Users under the age of
thirteen (13) must have their parents or legal guardians consent to
register for the services. In consideration of use of the Services,
User agrees to: (a) Provide true, accurate, current and complete
information about User as prompted by the registration and part request
form; and (b) to maintain and update this information to keep it true,
accurate, current and complete. This information about a User shall be
referred to as Registration Data. If any information provided by User
is untrue, inaccurate, not current or incomplete, Company have the
right to terminate Users account and refuse any and allcurrent or
future use of the Services.
IV. PRIVACY POLICY Registration Data and certain other information
about User is subject to Company s Privacy Policy. For more
information, view the Privacy Policy. V. MEMBER ACCOUNT, PASSWORD AND SECURITY A Vendor will receive a
password and account designation upon completing the Services
registration process. User is responsible for maintaining the
confidentiality of the password and account, and are fully responsible
for all activities that occur under users password or account. User
agree to (a) immediately notify Company of any unauthorized use of
your password or account or any other breach of security, and (b)
ensure that you exit from your account and the end of each session.
Company cannot and will not eb liable for any loss or damage arising
from Users failure to comply with this Section 5.
VI. USER CONDUCT User agrees to abide by all applicable local,
state, national and international laws and regulations in Users use of
the Services, and agrees not to interfere with the use and enjoyment of
the Services by other Users. User agrees to be solely responsible for
the contents of the Users private and public communications posted,
emailed, or otherwise transmitted through the Services. User agrees (a)
not to use the Services for illegal purposes; (b) not to interfere with
or disrupt the Services or servers or networks connected to the
services; (c) to comply with all requirements, procedures, policies,
and regulations of networks connected to the Services; and (d) not to
resell the Services or use of or access to the Services; User agrees
not to post, email or otherwise transmit through the Services; (a) any
unlawful, harassing, libelous, privacy invading, abusive, threatening,
harmful, vulgar, obscene, indecent or otherwise objectionable material
of any kind; (b) any material that violates the rights of another,
including by not limited to the intellectual property rights of
another; (c) any material that violates any applicable local, state,
national or international law or regulation; or (d) unsolicited or
unauthorized advertisements, promotional materials, junk mail,
SPAM, chain letters, or other forms of solicitation. User agrees
not to attempt to gain unauthorized access to other computer systems or
networks connected to the Services. User agrees and acknowledges that
Findapart.gr may ban User from future user of the Services, even if
User attempts to use the Services through another partner or under a
different name. Furthermore, User agrees and acknowledges that
Findapart.gr may recover damages from User if User abuses these
terms.
VI. INDEMNITY User agrees to indemnify and hold Company and their
third party service providers, and their parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand,
including reasonable solicitors fees, made by any third party due to
or arising out of Users use of the Services, users connection to the
Services, Users violation of the Terms Of Service, or Users violation
of any rights of another.
X. NO RESALE OF SERVICE User agrees not to reproduce, duplicate,
copy, sell, resell, or exploit for any commercial purposes, any portion
of the Service, use of the Service, or access to the Service.
XI. STORAGE OF COMMUNICATIONS Company and their third party service
providers assume no responsibility for the deletion or failue to store
email messages, communications or other content maintained or
transmitted through the Services. Company may establish an upper limit
on the size of message storage it will maintain for User.
XII. TERMINATION a. User agrees that Company, Partner or their third
party service providers may terminate Users password, account or use
the Services if Company, Partner or their third party service providers
believe (a) that user has violated or acted inconsistently with the
letter or spirit of the Terms of Service Agreement; or (b) that User
has violated the rights of Company, Partner or their third party
service providers or other Users or parties. User further agrees that
Company, Partner, and their third party service providers may terminate
Users password, account or use of the Services if user fails to use
the Services at least one time during a reasonable period of time
determined by Company from time to time, which shall not be less than
ninety (90) days. User also agrees that Company, Partner, or their
third party service providers may also terminate Users password,
account or use of the Services if User fails to make the appropriate
service payments on a regular basis if User is a Vendor. b. User
acknowledges and agrees that any termination of Services under any
provision of this Agreement may be effected without prior notice, and
acknowledges and agrees that Company may immediately delete users
account and all related information, communications and files, and bar
any further access to such account, communications, files or the
services.
XIII. MODIFICATIONS TO SERVICE Company reserves the right at any
time and from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice.
User agrees that Company, Partner and any of Companys third party
service providers shall not be liable to User or to any third party for
any modification, suspension or discontinuance of the Service.
XIV. DEALINGS WITH ADVERTISERS AND VENDORS Users correspondence or
business dealings with, or participation in promotions or, advertisers
found on or through the Service, including payment and delivery of
related goods or services, and any other terms, conditions, warranties,
or representations associated with such dealings, are solely between
User and the Advertiser or Vendor. User agrees that Company shall not
be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of
such advertisers on the Service.
XIIV. COMPANYS PROPRIETARY RIGHTS User acknowledges and agrees that
content, including but not limited to text, software, music, sound,
photographs, graphics, video, or other material contained in sponsor
advertisements or information presented to User through the Services or
advertisers is protected by copyrights, trademarks, service marks,
patents, or other proprietary rights and laws. User acknowledges and
agrees that User is permitted to use this material and information only
as expressly authorized by Company, Partner, or advertisers, as
applicable, and may not copy, reproduce, transmit, distribute, or
create derivative works of such content or information without express
authorization.
XV. LINKS The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because Company has
no control over such sites and resources, User acknowledges and agrees
that Company is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products, or other materials on or
available from such sites or resources. User further acknowledges and
agrees that Company shall not be responsible or liable, directly or
indirectly, fro any damage or loss cause or alleged to be caused by or
in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
XVI. DISCLAIMER OF WARRANTIES a. USER EXPRESSLY AGRESS THAT USE OF
THE SERVICES IS AT MEMBERS SOLE RISK. THE SERVICES ARE PROVIDED ON AN
AS IS AND AS AVAILABLE BASIS. b. COMPANY AND THEIR THIRD PARTY
SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. c. COMPANY AND THEIR THIRD PARTY SERVICE PROVIDERS
MAKE NO WARRANTY THAT THE SERVICES WILL MEET USERS REQUIREMENTS, THAT
THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR
DOES COMPANY OR ITS THIRD PARTY SERVICE PROVIDERS MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM THE USER OF THE SERVICES OR AS
TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE
SERVICES OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. d. USER
UNDERSTANDS AND AGRESS THAT ANY INFORMATION, CONTENT, DATA OR OTHER
MATERIAL DOWNLOADED OR OTHER OBTAINED THROUGH THE USE OF OR FROM THE
SERVICES IS DONE AT USERS OWN DISCRETION AND RISK AND THAT USER WILL
BE SOLELY RESPONSIBLE FOR ANY DAMANAGE TO SUERS COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
e. COMPANY AND THEIR THRID PARTY SERVICE PROVIDERS MAKE NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM
THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SERVICES. f. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM
COMPANY OR THEIR THIRD PARTY SERVICE PROVIDERS OR THROUGH OR FROM THE
SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. g. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME
OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER. XVII. LIMITATION OF
LIABILITY a. USER AGRESS THAT COMPANY AND THEIR THRID PARTY SERVICE
PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTS FROM THE USE OR THE INABILITY
TO USE THE SERVICES OR FROM COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF
USERS TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF COMPANY OR THEIR
THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. b. USER FURTHER AGREES THAT COMPANY AND THEIR THIRD PARTY
SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM
INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR
EXEMPLARY DAMAGES WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION
WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTANT OR
ADVERTANT. c. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES SO SOME
OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
XVIII. NOTICE Notices to User may be made via either email or
regular mail. The Service may also provide notices of changes to the
TOS or other matters by displaying notices or links to notices to User
generally on the Service.
XIX. TRADEMARK INFORMATION The Findapart Logo, the Findapart Network
of Web Sites, other Findapart logos and products are Trademarks of
Findapart.gr (the Findapart.com.au Marks). Without
Findapart.grs prior permission, User agrees not to display or use
in any manner, the Findapart.gr Marks.
XIIX. GENERAL INFORMATION The TOS constitute the entire agreement
between User and Company and govern Users use of the Service,
superceding any prior agreements between User and Company. User may
also be subject to additional terms and conditions that may apply when
User uses affiliate services, third-party content or third-party
software. The TOS and the relationship between User and Company shall
be governed by the laws of Greece without regard to its
conflict of law provisions. User and Company agree to submit to the
personal and exclusive jurisdiction of the courts located within Greece. The failure of Company to exercise or enforce any right
or provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties intentions as
reflected in the provision, and the other provisions of the TOS remain
in full force and effect. User agrees that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the TOS must be filed within one (1)
year after such claim or cause of action arose or be forever banned.
The section titles in the TOS are for convenience only and have no
legal or contractual effect. |