THE FOLLOWING DESCRIBES THE TERMS BY WHICH CHOOSEBY OFFERS YOU ACCESS TO OUR SERVICES.
The following Agreement describes the terms and conditions applicable to your use of our services, with or without charges, and the basic principles of our future International affiliates.
If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. Confirming your acceptance (choosing the icon .Accept.), indicates that you have carefully read and accepted all our terms and conditions contained in this present agreement. In case of no acceptance from your site of our terms and conditions of this agreement, it might be possible that you cannot access to some of our services, which implicates your acceptance.
Our website is to be considered as a collection of information which offers to the services or other sellers to advertise themselves, to offer, to sell and to buy anything, from anywhere with different ways and in anytime. We are not at all involved in the actual transaction between buyers and sellers; therefore we have no control over the safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items, the ability of buyers to buy items, or the correctness of the advertised companies or persons. We are not able to ensure that a buyer or seller will actually complete a transaction.
ReleaseSince we are not involved in any type of transaction between buyer and seller, in case of dispute arising between you and with one or more users registered in our website, you release ChooseBy, our officers, directors, agents, subsidiaries and employees from any claims, demands and damages(actual and consequential) of every kind and nature , known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
IndemnityYou agree to indemnify and to hold us and our parent, future subsidiaries, future affiliates, directors, officers, agents, employees and collaborators, harmless from any claim or demand, including reasonable attorneys. fees, made by any 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.
Exclusive remedyYou agree that our entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any ChooseBy service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s) during the term of this Agreement. In no event shall ChooseBy, its licensors, contractors, parent, future subsidiaries, future affiliates, directors, officers, agents, employees and collaborators be liable for any indirect, incidental, special or consequential damages even if ChooseBy has been advised of the possibility of such damages. To the extent that a state does not permit the exclusion or limitation of liability as set forth herein ChooseBy.s liability is limited to the extent permitted by law in such states. ChooseBy and its licensors, contractors, parent, future subsidiaries, future affiliates, directors, officers, agents, employees and collaborators disclaim any and all loss or liability resulting from, but not limited to:
- loss or liability resulting from access delays or access interruptions
- loss or liability resulting from the unauthorized use or misuse of your account number, password or security authentication option
- loss or liability relating to the deletion of or failure to store e-mail messages
- loss or liability resulting from data non-delivery or data miss-delivery
- loss or liability as a result of the application of our dispute policy
- loss or liability resulting from acts of god
- loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement and all its integral parts
- loss or liability resulting from the development or interruption of your web site
- loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your personal data
Control of informationDue to the diversity of the services offered on our website, we cannot control the origin, the images and the information provided by other users, which you can find available through our system. Though our previous control of the received images with the finality of our website, we cannot give any guarantee of bad intruders. You may find other user.s information and images to be offensive, harmful, deceptive or inaccurate. We ask you to please use common sense, caution and practice safe trading while using our site. Please take care that there are also risks of dealing with underage persons or people acting under false pretence. Take also into consideration the possibility of dealing with international trade and foreign nationals.
Eligibility of our servicesEverything offered, with or without charge, by our site, is available only to individuals who can form legally binding contracts under applicable law in their membership country. Without limiting the foregoing, our services are not available to minors or to temporarily or permanently suspended ChooseBy members. If you do not qualify, please do not take advantage of our services. Your ChooseBy account, User ID and Password, may not be transferred or sold to another party.
Services and feesThe registration to our website, the access to our counsel services and also the registration of new images (with no advertising goal), are totally without charge. The fees and the affordability of our services at payment are incorporated in the specific inquiry form and they are integral part of this Agreement. We may change the fees and the access of our users to our services from time to time; we may choose to temporarily change the fees for our services or to promote events with free listing days. Such changes or promotions are effective after the date of issuing in our site or the posting on our announcements board. When you choose to take advantage of our paying services, you have the opportunity to review and accept the fees and the conditions that you will be charged for the use of our listing services. In the event we introduce a new future service, the fees and the conditions for that service are effective at the launch of the specific service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our Website and all applicable taxes in your country of membership.
BreachWithout limiting other remedies, we may issue a warning, temporarily suspend, permanently suspend or terminate your membership and refuse to provide our services to you, if we believe that your actions may cause legal liability for you, our users or us, if you breach this agreement or the documents it incorporates by reference, or if we are unable to authenticate any information you provide to us.
Applicable lawOur web site is controlled, owned by Brazaville Corporation. with legal address in 7809 Broadway St, San Antonio, TX 78209-2533 USA. All the documents, images, data and any other type of records contained in ChooseBy website, also if originated by our possible affiliates, belongs in fully to the mother house Brazaville Corp. The ChooseBy is a brand belonging to Brazaville Corp. Therefore all the terms and conditions contained in this present Agreement are between Brazaville Corp., represented by its brand ChooseBy, and you; for practice in this agreement it is mentioned the brand name ChooseBy. Any legal controversy or legal claim arising out of or relating to this agreement or our services, shall be settled by binding arbitration according to our mother house law in USA and you hereby submit to the non-exclusive jurisdiction of this court.
InformationThrough your use of our services, with or without charge, you provide to us information of your habit and interests. We act as a passive conduit for your online distribution and publication of your information and therefore you are solely responsible for your information. Your information or any advertising listed shall not be false, misleading or inaccurate, shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, unfair competition, antidiscrimination or false advertising), shall not be fraudulent or involve the sale of counterfeit or stolen items, shall not infringe any third party.s copyright, patent or other proprietary rights, shall not be defamatory, shall not be obscene or contain child pornography or, if otherwise adult in nature be harmful to minors, shall not contain any viruses, worms, time bombs, Trojan horses, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, shall not create liability for us or cause us to lose, in whole or in part, the services of our ISPs or other suppliers and shall not link directly or indirectly to or include descriptions of goods or services that are prohibited under this agreement. Furthermore you may not list any item or service on our site that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current prohibited and infringing items list. All the images referred to materials, fulfillments, compositions and drawings, inserted in our site, must not contain any straight information allowing the viewer to understand your identity or company. At receipt, such images will be automatically eliminated from our site, together with your information. Only for the images regarding your catalogs are admitted all the information of your activities.
- Solely to enable ChooseBy to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, irrevocable, perpetual, royalty-free, sub licensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in your information, in any media now known or not currently known, with respect to your information. Your images, once inserted in our site, become also of our property. You grant us the license to reproduce, transfer, modify, adapt and /or publish any Content provided by you.
- All Trade Marks used on the Sites and/or the Services are the trade marks of ChooseBy . You shall only make fair use of the Trade Marks and will not use the Trade Marks, whether design or word marks: (a) as or as part of your own trade marks; (b) in a manner which is likely to cause confusion; (c) to imply endorsement or otherwise of products or services to which they do not relate; (d) to identify products to which they do not relate; or (e) in any manner which does or may cause damage to the reputation of ChooseBy or the Trade Marks.
- You acknowledge and agree that the Services and the Sites or any part thereof, whether presented to you by ChooseBy, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved.
- You are only allowed to use the Sites and the Services as set out in these Terms and Conditions and nothing on the Sites and/or the Services shall be construed as conferring any license or other transfer of rights to you of any intellectual property or other proprietary rights of ChooseBy, whether by estoppel, implication or otherwise.
- Interference. Our website contains robot exclusion headers. From your site you agree that you will not use any robot, spider, other automatic device, or any manual process to monitor or copy our web pages or the content contained, without prior receipt of our express written allowance. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or try to interfere with the proper goal of our site. You agree also that you will not take any action that imposes an unreasonable or disproportionately large load on our database. You agree that you will not alter, modify, copy, reproduce any content from our website. In case your interference in our Website should cause any damage or a temporarily or permanent blackout of our Website, we will have the right to ask for the payment of the damages regarding the lost of our income due to your behaviour.
- Suspension You are not allowed to take any actions that may undermine the integrity of our feedback system. Our system holds the feedback of all your received records not accepted by us, (those not corresponding to this agreement); at the third try from your site to deturpate or to compromise the goal of our Website, you will automatically, permanently suspended from our services. In case we discover through our feedback system that you are acting against this agreement, we will suspend you from our Website services. At this point, all your received information, with or without charging, will be cancelled from our Website from our communication date of suspension. In case of suspension, any fees paid by you, are non-refundable. You are not allowed to transfer or to sell your account, user ID and Password to anybody.
- Misinformation With the acceptance of this agreement, you allow that all our registered users in our mother company or any future affiliates, may inform others (positively or negatively) about your business behaviour. In case you should not agree with such information, you have the right to communicate us at the email@example.com about these same communications. From our site, as soon as possible, (not later than 30 days from your communication), we will suspend the particular information violating your integrity and we will give you the email address and also the personal details of the user who has made such communications. With this you give up to ask us any damages relating to the false information received from these offensive users. You also accept that from our site it is not possible to check any received negative information of your behaviour and that for us it is not possible to further investigate offending users. Outside giving you the details of the originating user, we can not help you further in this sense.
No agencyYou and ChooseBy are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.
Disclaimer of warrantiesWe provide our web site and services AS IT IS and without any warranty or condition, express, implied or statutory. We specifically disclaim any implied warranties of title, merchant ability, fitness for particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. We do not guarantee continuous, secure, or uninterrupted access to our services, and operation of our site may be interfered with by numerous factors outside of our control. In case any provision of this Agreement or an image of our website is held to be invalid or unenforceable, such provision or image shall be eliminate, but will not attach the validity of this agreement and the remaining provisions shall be enforced. You accept that this Agreement and all incorporated Agreements may be automatically assigned by ChooseBy, at our sole discretion, to a third party in the event of a merger or acquisition. In case that we have not acted against you or any others because of break-in of any clause of this agreement, it does not indicate that we have given up the option, to wield our right to protect our interest and our image. YOU AGREE THAT YOUR USE OF OUR SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN "AS IS", AND "AS AVAILABLE" BASIS. WE DISCLAIM 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. WE DO NOT MAKE ANY WARRANTY THAT SERVICE(S) LICENSED HEREWITH WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY. There are several specific laws for each different country relating to several aspects, for example the requirements for specific off-license in order to wield certain activities, the possibility to offer, to buy, to sell, to export or to import any type of goods or service. It is absolutely not possible for us to check the laws for each country, as they can change at any time. Additionally, because of the nature of our Website, we can not check into the actions of our users, registered or not. You are not entitled to do what other users do or have done, or that from our site we give the approval for any kind of transaction, also if in the past you have succeed to finalize similar operations. ChooseBy does not approve nor validate transactions between seller and possible buyer, and from your site you accept exclusive responsibility for the legality of your actions, conforming to the laws applicable in your country of membership. Among the items not allowed on our web site, and the transaction of them by your site will cause the cancelling of your information and advertisings from our web site, are:
- all items forbidden in your country membership
- art, listed buildings and historical items that are your country.s property
- stolen items
- subversive and dangerous items hurtful to the community
- chemicals, explosives, poisons, dangerous items
- general drugs
- top secret industrial materials or documents (from any country)
- anything with pornographic content (minors or not)
Changing and reviewing your personally identifiable informationFollowing registration, you can review and change at any time the information you submitted during registration. In order to keep transparence, utility and veracity of your information and to enable us to keep the good utility of your information with respect for all our registered users, once registered, you are not allowed to modify your category and your country of membership. Other information, as company name, name and first-contact e-mail address can be modified as per your discretion at the address firstname.lastname@example.org ; it might take some time before these changes will be displayed on our Website. All other information can be changed directly by you in real time.
AGENTSYou agree that, if your agent, (e.g., your administrative contact, employee) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein. Your continued use of our services ratifies any unauthorized actions of your agent. By using your ID User and password, or otherwise purporting to act on your behalf, your agent certifies that he or she is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement, that he or she has apprised you of the terms and conditions of this Agreement, and that he or she is otherwise authorized to act on your behalf. In addition, you are responsible for any errors made by your agent. You in entering into this Agreement undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms and Conditions or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the services being terminated by ChooseBy forthwith. ChooseBy may assign this Agreement in whole or in part to any third party at its discretion.
SecurityWe use industry standard practices to safeguard the confidentiality of your personally identifiable information. ChooseBy treats data as an asset that must be protected against loss and unauthorized access by users inside and outside the company. However, perfect security does not exist on the internet.
SeverabilityYou agree that the terms of this Agreement are severable. If any term is declared invalid or unenforceable, in whole or in part, that term will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
Right of Third PartiesExcept in the case of any permitted assignment of this Agreement under the point 19.), a person who is not a party to this Agreement has no rights under the Contracts (Right of Third Parties) or otherwise to enforce any Clause of this Agreement.
AGREEMENT TO BE BOUNDBy applying for a ChooseBy service(s) through our online application process or otherwise, or by using the service(s) provided by ChooseBy under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.