Welcome to EXIMTURK.com Corporation's Terms of Service
Agreement ("Agreement"). This Agreement describes the
terms and conditions applicable to your use of the EXIMTURK.com web
site, which features tools for trading and communicating in a global
business to business e-market (the "Service").
PLEASE READ THIS AGREEMENT
CAREFULLY!
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH EXIMTURK
OFFERS YOU ACCESS TO THE SERVICE.
1. Acceptance Of Terms. By accessing our web site past the
home page, you agree that you have entered into this Agreement with
EXIMTURK.com Corporation ("EXIMTURK") and that you will
be bound by the terms and conditions hereof ("Terms"),
which EXIMTURK in its discretion may change from time to time. We
will post a notice on our web site to inform you of any changes
to the Terms. If you do not agree to the changes, you must discontinue
using the Service. The changed Terms shall automatically be effective
immediately after they are initially posted on the homepage of our
site. Your continued use of the Service will signify your acceptance
of the changed Terms. Unless explicitly stated otherwise, any new
features that augment or enhance the Service shall be subject to
this Agreement. This Agreement may not be otherwise modified except
in a writing signed by an authorized officer of EXIMTURK.
2. Who Can Use EXIMTURK. The Service is only available to
individuals or companies who can form legally binding contracts
under applicable law. Thus, you must be at least 18 years of
age to use our services. If you do not qualify, please do not
use the Service. EXIMTURK may, in its sole discretion, refuse the
Service to anyone at any time. The Service is not available to temporarily
or indefinitely suspended EXIMTURK members.
3. Fees. Joining EXIMTURK and the use of the Service is free!
We reserve the right to charge fees for the Service upon notice
to you pursuant to paragraph 1. You are responsible for paying all
applicable taxes and duties and for all hardware, software, service
and other costs you incur to trade, procure a listing from us, or
access our servers. We reserve the right to change or discontinue,
temporarily or permanently, some or all of the Service at any time
without notice.
4. EXIMTURK Is Only A Venue For Trading. Our site acts as
the venue for users to locate people to trade with and to negotiate
the exchange of goods and services. We are not involved in the actual
transaction between trading partners. As a result, we have no control
over the quality, safety or legality of the items being traded,
the truth or accuracy of the item listings, the ability of traders
to fulfill their obligations in a trade agreement. We cannot and
do not control whether or not traders will complete their part of
a trade. In addition, note that there are risks of dealing with
foreign nationals, underage persons or people acting under false
pretense.
5. Your Information And Items For Trade. "Your Information"
includes any information data, text, software, music, sound, photographs,
graphics, video, messages or other materials you provide to us or
other users during the registration, trading or listing processes,
in any public message area or through any email feature. With respect
to Your Information, you are solely responsible for Your Information,
and we act as a passive conduit for your online distribution and
publication of Your Information. We may take any action, however,
with respect to your information we deem necessary or appropriate
in our sole discretion if we believe it may create liability for
us or may cause us to lose (in whole or in part) the services of
our ISPs or other suppliers. You hereby warrant that you have all
rights,including all copyrights, necessary to submit Your Information
to EXIMTURK. You acknowledge that EXIMTURK does not take any responsibility
to determine what information that is submitted to us is protected,
nor will we be responsible for the use of Your Information by other
users of the Service.
5.1 Registration Obligations. If you register with us, you
agree to: (a) provide true, accurate, current and complete information
about yourself or company as prompted by the member information
form at http://www.EXIMTURK.com/join.html, and (b) maintain and promptly
update the member information to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or EXIMTURK has reasonable grounds to
suspect that such information is untrue, inaccurate, not current
or incomplete, EXIMTURK has the right to suspend or terminate your
registration and refuse any and all current or future use of the
Service (or any portion thereof). If you have registered with us
on behalf of a company or other entity, than you represent and warrant
that you have the authority to bind such company or other entity
to the Terms.
5.2 Member ID, Password and Security. During the registration
process, you will select a Member ID and Password. You are solely
responsible for maintaining the confidentiality of your Member ID
and Password, and for all activities that occur under your Member
ID and password. You agree to (a) immediately notify EXIMTURK of
any unauthorized use of your Member ID or Password or any other
breach of security, and (b) ensure that you properly exit the web
site at the end of each session. EXIMTURK cannot and will not be
liable for any loss or damage arising from your failure to comply
with this paragraph.
5.3 Rules About Your Information. You agree that Your Information
and the items you offer for trade on EXIMTURK:
- will not be fraudulent or involve the sale of counterfeit or
stolen items;
- will not infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity
or privacy (See our Copyright Policy for more information);
- will not violate any law, statute, ordinance or regulation (including
without limitation those governing export control, consumer protection,
unfair competition, anti-discrimination or false advertising);
- will not be defamatory, trade libelous, unlawfully threatening
or unlawfully harassing;
- will not be obscene or contain child pornography;
- will not contain any viruses, Trojan horses, worms, time bombs
or other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information; and
- will not link directly or indirectly to or include descriptions
of goods or services that: (i) are prohibited under this Agreement;
or (ii) you do not have a right to link to or include. You also
agree not to use the Service (h) in connection with chain letters,
junk e-mail, spamming or any duplicative or unsolicited messages,
(i) to collect e-mail addresses and other information about others
without their consent or (j) to create false e-mail addresses
or otherwise attempt to mislead others as to the identity of the
sender or the origin of a message.
5.4 Prohibited Items. You
may not post on our site or trade through our site any: (a) any
item that could cause us to violate any applicable law, statute,
ordinance or regulation, or (b) any item that is currently on EXIMTURK's
Prohibited Items List
and incorporated herein by reference, which may be updated from
time to time.
6. The License You Grant To Us. You grant to us the exclusive,
worldwide, perpetual, royalty-free right (with the right to sublicense
through multiple tiers) to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform and
display (in whole or in part) Your Information, and/or to incorporate
Your Information in other works in any form, media, or technology
now known or later developed.
7. Privacy. Notwithstanding
the license in paragraph 6, EXIMTURK will only use Your Information
in accordance with our Privacy
Statement. The
complete terms of our Privacy Statement are part of this Agreement
so you should read it. Please note that when you voluntarily disclose
Your Information in EXIMTURK's trading areas, that information can
be collected and used by others.
8. The Trading Process
8.1 Listing An Item. Listings are text descriptions, graphics
and/or pictures on EXIMTURK's web site supplied by you that either;
(a) describe an item you have that you want to trade, or (b) describe
an item you are looking for. You may post either or both of these
listing types of listings on EXIMTURK's site, provided that you place
such listings in an appropriate category. EXIMTURK is not responsible
for the accuracy or content of listings.
8.2 Negotiating A Trade. Traders on EXIMTURK negotiate with
each other through the process of formulating offers and counteroffers.
Acceptance of an offer or counteroffer by all parties constitutes
an obligation for all parties involved to complete the transaction.
Acceptances and Offers are not retractable except in exceptional
circumstances such as a user materially changing the description
of the item after your offer was made or clear typographical errors,
or when you can not authenticate the identity of a user involved
in the trade.
8.3 Handling Trading Disputes. We do not and cannot be involved
in dealings between traders. In the event that you have a dispute
with one or more users, you release EXIMTURK (and our agents and
employees) from any claims, demands and damages (actual and consequential)
of every kind and nature arising out of or in any way connected
with such disputes. If you are a California resident, you waive
California Civil Code _1542, which says: "A general release
does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which
if known by him must have materially affected his settlement with
the debtor."
8.4 Use Common Sense. We cannot nor do we try to control
the information provided by other users which is made available
through the Service. By its very nature, other people's information
may be offensive, harmful or inaccurate, and in some cases will
be mislabeled or deceptively labeled. We expect that you will use
caution and common sense when using our site.
9. The Trading System
9.1 No Trade Manipulation. You agree to not use a shill
(a secondary account or third party) to manipulate the outcome of
a negotiation with another trader.
9.2 System Integrity. You agree that you will not use any
device, software or routine to interfere or attempt to interfere
with the proper working of the EXIMTURK.com site or any trade being
conducted on our site. You may not take any action which imposes
an unreasonable or disproportionately large load on our infrastructure.
You may not disclose or share your password to any third parties
or use your password for any unauthorized purpose.
9.3 Feedback. You may not take any actions which may undermine
the integrity of the feedback system (e.g., "Member Tag"),
such as: leaving positive feedback for yourself using secondary
Member IDs or third parties; leaving negative feedback for other
users using secondary member IDs or third parties (feedback bombing);
or leaving negative feedback if a user fails to perform some action
that is outside the scope of the trade (feedback extortion).
9.4 No Commercial Exploitation. You agree that you may not
commercially exploit any information, including but not limited
to, copying any information displayed, on the EXIMTURK web site without
prior written authorization from an authorized officer of EXIMTURK.
10. Termination. You agree that EXIMTURK, in its sole discretion,
may terminate your password, account (or any part thereof) or use
of the Service, and remove and discard Your Information within the
Service, for any reason, including without limitation, if EXIMTURK
believes that you have violated or acted inconsistently with the
letter and spirit of the Agreement. EXIMTURK may also, in its sole
discretion and at any time, discontinue providing the Service, or
any part thereof, with or without notice. You agree that any termination
of your access to the Service under any provision of this Agreement
may be effected without prior notice, and acknowledge and agree
that EXIMTURK may immediately deactivate or delete your account and
all related information and files in your account and/or bar any
further access to such files or the Service. Further, you agree
that EXIMTURK shall not be liable to you or any third party for any
termination of your access to the Service. Paragraphs 12, 13, 14,
and 22 shall survive any termination of this Agreement.
11. What Happens if You Break the Rules? We may immediately
issue a warning, temporarily suspend, indefinitely suspend or terminate
your membership, any of your current listings, and any other information
you place on the site if you breach this Agreement or if we are
unable to verify or authenticate any information you provide to
us. Without limiting any other remedies, EXIMTURK may suspend or
terminate your account if you are found (by conviction, settlement,
insurance or escrow investigation, or otherwise) to have engaged
in fraudulent activity in connection with our site.
12. The Service is Provided "As Is." We will try
very hard to make your experience with EXIMTURK enjoyable. Unfortunately,
we cannot always foresee or anticipate technical or other difficulties.
These difficulties may result in loss of data or other service interruptions.
For this reason, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE
OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. EXIMTURK EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXIMTURK MAKES
NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii)
THE SERVICE WILL BE UNINTERUPTED, TIMELY, SECURE, OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXIMTURK OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE AGREEMENT.
Note: Some jurisdictions do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. This
warranty gives you specific legal rights and you may also have other
legal rights which vary from jurisdiction to jurisdiction.
13. Limit of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE
THAT EXIMTURK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF EXIMTURK HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASES OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
Note: Some jurisdictions do not allow the limitation of liability,
so the foregoing limitation may not apply to you.
14. Indemnity. You agree to indemnify and hold EXIMTURK and
our subsidiaries, affiliates, officers, directors, agents, and employees,
harmless from any claim or demand (including legal expenses and
the expenses of other professionals) made by a third party due to
or arising out of your breach of this Agreement or the documents
it incorporates by reference, or your violation of any law or the
rights of a third party.
15. Compliance With Laws. You shall comply with all applicable
laws, statutes, ordinances and regulations regarding your use of
the Service and your bidding on, listing, purchase and sale of items,
including, but not limited to, complying with all applicable laws
regarding the transmission of technical data exported from the United
States or the country in which you reside.
16. No Agency. You and EXIMTURK are independent contractors,
and no agency, partnership, joint venture, employee-employer or
franchisor-franchisee relationship is intended or created by this
Agreement.
17. Advertising & Financial Services. Your correspondence
or business dealings with, or participation in promotions of, 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
you and such advertiser. You agree that EXIMTURK 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. If you intend to create or join any service, receive
or request any news messages, alerts or other information from the
Service concerning companies, stock quotes, investments or securities,
please be advised EXIMTURK shall not be responsible nor liable for
the accuracy, usefulness or availability of any such information
transmitted via the Service, and shall not be responsible nor liable
for any trading or investment decisions made based on such information.
18. Links. The Service may provide, or third parties may
provide, links to other World Wide Web sites or resources. Because
EXIMTURK has no control over such sites and resources, you acknowledge
and agree that EXIMTURK is not responsible for the availability of
such external sites or resources, and does not endorse and is not
responsible or liable for any content, advertising, products, or
other materials on or available from such sites or resources. You
further acknowledge and agree that EXIMTURK shall not be responsible
or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance
on any such content, goods or services available on or through any
such site or resource.
19. Notices. Except as explicitly stated otherwise, any
notices shall be given by email to EXIMTURK@EXIMTURK-inc.com (in the
case of EXIMTURK) or to the email address you provide to EXIMTURK
during the registration process (in your case), or such other address
as the party shall specify. Notice shall be deemed given twenty-four
(24) hours after email is sent, unless the sending party is notified
that the email address is invalid. Alternatively, we may give you
notice by certified mail, postage prepaid and return receipt requested,
to the address provided to EXIMTURK during the registration process.
In such case, notice shall be deemed given three (3) days after
the date of mailing.
20. Force Majeure. EXIMTURK shall not be liable to you for
delays or failures in performance resulting from causes beyond our
reasonable control, including, but not limited to, acts of God,
labor disputes or disturbances, material shortages or rationing,
riots, acts of war, governmental regulations, communication or utility
failures, or casualties.
21. Assignment.EXIMTURK may assign this Agreement without
your consent.
22. Miscellaneous. The Agreement constitutes the entire
Agreement between you and EXIMTURK and governs your use of the Service,
superseding any prior written or oral Agreements between you and
EXIMTURK. The Agreement shall be governed in all respects by the
laws of the State of California without regard to its conflict of
law provisions. If any provision of this Agreement is held to be
invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. Headings are for reference
purposes only and in no way define, limit, construe or describe
the scope or extent of such section. Our failure to act with respect
to a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches.
More about Us. The services
hereunder are offered by EXIMTURK.com. For more information, please
email us at info@eximturk.com.
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