Terms & Conditions
electroninex.com
(the "electroninex Website", or "Website") is owned and
operated by electroninex, Inc. (hereafter "electroninex",
"we", "our", or "us"). "You" or
"your" means an adult user of the Website acting independently or as
parent or guardian for any minor whom you allow to access the Service and for
whom you will be held strictly responsible.
In compliance with the Children's Online Privacy Protection Act of
1998, electroninex does not acceptmembership registrations from users who
are under 13 years of age. By registering with electroninex, you
representthat you are at least 13 years old.
Your Acceptance
BY USING AND/OR VISITING THIS
WEBSITE, INCLUDING ALL CONTENT AVAILABLE THROUGH THE electroninex.com DOMAIN
NAME, electroninex YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the
"Terms of Service") AND THE TERMS AND CONDITIONS OF electroninex's PRIVACY POLICY, WHICH ARE INCORPORATED
HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do
not use the electroninex Website.
User of the Website
You understand that any items
you import, and sets you create on the Website will be made available to the
public. Further, you hereby grant us, our affiliates, and our partners a
worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to
use, reproduce, create derivative works of, distribute, publicly perform,
publicly display, transfer, transmit, distribute, and publish the sets you have
created using the Website.
In order to access some
features of the Website, you will have to create an account. You may never use
another's account without permission. If we request registration information
from you, you must provide us with true, accurate, current, and complete
information. You must promptly update your registration to keep it accurate, current,
and complete. You may not use anyone else's password. You are responsible for
maintaining the confidentiality of your accounts and passwords. You agree to
immediately notify us of any unauthorized use of your passwords or accounts or
any other breach of security. You also acknowledge that failure to exit from
your accounts at the end of each session may result in unauthorized use of your
accounts. We will not be responsible for any loss or damage that may result if
you fail to comply with these requirements.
You agree not to use or
launch any automated system, including without limitation, "robots",
"spiders", "offline readers", etc., that accesses the
Website in a manner that sends more request messages to the electroninex
servers in a given period of time than a human can reasonably produce in the
same period by using a conventional on-line web browser. Notwithstanding the
foregoing, electroninex grants the operators of public search engines
permission to use spiders to copy materials from the site for the sole purpose
of creating publicly available searchable indices of the materials, but not
caches or archives of such materials. electroninex reserves the right to
revoke these exceptions either generally or in specific cases. You agree not to
collect or harvest any personally identifiable information, including account
names, from the Website, nor to use the communication systems provided by the
Website for any commercial solicitation purposes.
The technology and the
software underlying our sites and the Services is the property of electroninex.
You agree not to copy, modify, rent, lease, loan, sell, assign, distribute,
reverse engineer, grant a security interest in, or otherwise transfer any right
to the technology or software underlying our sites or the Services. You agree
not to modify the software underlying our sites in any manner or form or to use
modified versions of such software, including (without limitation) for the
purpose of obtaining unauthorized access to our sites.
Without limiting the
foregoing, you agree that you will not use our sites to take any of the
following actions:
1. Defame, abuse, harass, stalk, threaten, or otherwise violate the
legal right of others;
2. Publish, post, upload, e-mail, distribute, or disseminate
(collectively, "Transmit") any inappropriate, profane, defamatory,
infringing, obscene, indecent, or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any other
similar software or programs that may damage or adversely affect the operation
of another person's computer, our sites, any software or hardware, or
telecommunications equipment;
4. Advertise or offer to sell any goods or services for any
commercial purpose unless you have our written consent to do so;
5. Transmit surveys, pyramid schemes, spam, unsolicited advertising
or promotional materials, or chain letters;
6. Download any file that you know or reasonably should know cannot
be legally obtained in such manner;
7. Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or the source of
software or other material;
8. Restrict or inhibit any other user from using and enjoying any
public area within our sites;
9. Collect or store personal information about other end users;
10. Interfere with or disrupt our sites, servers, or networks;
11. Impersonate any person or entity, including, but not limited to, a
electroninex representative, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
12. Forge headers or manipulate identifiers or other data in order to
disguise the origin of any content transmitted through our sites or to
manipulate your presence on our sites;
13. Take any action that imposes an unreasonably or disproportionately
large load on our infrastructure;
14. Engage in any illegal activities.
If you choose a username
that, in our sole discretion, is obscene, indecent, abusive or that might
otherwise subject us to public disparagement or scorn, we reserve the right,
without prior notice to you, to automatically change your username, delete your
posts from our sites, deny you access to our sites, or any combination of these
actions.
User Submissions
1. The electroninex Website may now or in the future permit the
submission of photo or other content submitted by you and other users
("User Submissions") and the hosting, sharing, and/or publishing of
such User Submissions. You understand that whether or not such User Submissions
are published, electroninex does not guarantee any confidentiality with
respect to any submissions.
2. You shall be solely responsible for your own User Submissions and
the consequences of posting or publishing them. In connection with User
Submissions, you affirm, represent, and/or warrant that you own or have the
necessary licenses, rights, consents, and permissions to use and authorize electroninex
to use all patent, trademark, trade secret, copyright or other proprietary
rights in and to any and all User Submissions to enable inclusion and use of
the User Submissions in the manner contemplated by the Website and these Terms
of Service.
3. electroninex does not claim ownership of User Submissions.
However, with respect to User Submissions or content you make available for
inclusion on publicly accessible areas of the Service, you grant electroninex
worldwide, royalty-free and non-exclusive license(s) to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such content on
the Service in connection with the electroninex Website and electroninex's
(and its successor's) business, including without limitation for promoting and
redistributing part or all of the electroninex Website (and derivative works
thereof) in any media formats and through any media channels. This license
exists only for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or electroninex removes
such Content from the Service.
4. In connection with User Submissions, you further agree that you
will not:
a. Submit material that is copyrighted, protected by trade secret or
otherwise subject to third party proprietary rights, including privacy and
publicity rights, unless you are the owner of such rights or have permission
from their rightful owner to post the material and to grant electroninex all
of the license rights granted herein; (ii) publish falsehoods or
misrepresentations that could damage electroninex or any third party;
b. Submit material that is unlawful, obscene, defamatory, libelous,
threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal offense,
give rise to civil liability, violate any law, or is otherwise inappropriate;
c. Post advertisements or solicitations of business;
d. Impersonate another person.
5. electroninex does not endorse any User Submission or any
opinion, recommendation, or advice expressed therein, and electroninex
expressly disclaims any and all liability in connection with User Submissions. electroninex
does not permit copyright infringing activities and infringement of
intellectual property rights on its Website, and electroninex will remove
all Content and User Submissions if properly notified that such Content or User
Submission infringes on another's intellectual property rights. electroninex
reserves the right to remove Content and User Submissions without prior notice.
electroninex will also terminate a User's access to its Website, if they are
determined to be a repeat infringer. A repeat infringer is a User who has been
notified of infringing activity more than twice and/or has had a User
Submission removed from the Website more than twice. electroninex also
reserves the right to decide whether Content or a User Submission is
appropriate and complies with these Terms of Service for violations other than
copyright infringement and violations of intellectual property law, such as,
but not limited to, pornography, obscene or defamatory material, or excessive
length. electroninex may remove such User Submissions and/or terminate a
User's access for uploading such material in violation of these Terms of
Service at any time, without prior notice and at its sole discretion.
6. It is our policy to respond to notices of alleged infringement
that comply with the Digital Millennium Copyright Act.
The images referenced, made accessible or made available to you on these pages
or by means of the electroninex Service are protected by the copyright and
trademark laws of the United States and other countries. You may need to obtain
authorization of the owner of such materials before using them for any purpose
other than viewing on the web. For authorizations to use an image, please
contact the image owner as indicated on the source site, not electroninex. electroninex
cannot give you authorization to use the copyrighted images. We cannot
guarantee that the electroninex Service will not locate unintended or
objectionable content and electroninex accepts no responsibility or
liability for the content of any site included in any electroninex item or
set, or otherwise linked to by the electroninex services, or for your use of
such content. electroninex reserves the right to remove any pictures or
content without notice to you, any other user, or any third party.
We will review all claims of copyright infringement received and remove content
deemed to have been posted or distributed in violation of any such laws.
a. A physical or electronic signature of the copyright owner or the
person authorized to act on its behalf;
b. A description of the copyrighted work claimed to have been
infringed;
c. A description of the infringing material and information
reasonably sufficient to permit electroninex to locate the material;
d. Your contact information, including your address, telephone
number, and email;
e. A statement by you that you have a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
f. A statement that the information in the notification is accurate,
and, under the pains and penalties of perjury, that you are authorized to act
on behalf of the copyright owner.
7. You understand that when using the electroninex Website, you
will be exposed to User Submissions from a variety of sources, and that electroninex
is not responsible for the accuracy, usefulness, safety, or intellectual
property rights of or relating to such User Submissions. You further understand
and acknowledge that you may be exposed to User Submissions that are
inaccurate, offensive, indecent, or objectionable, and you agree to waive, and
hereby do waive, any legal or equitable rights or remedies you have or may have
against electroninex with respect thereto, and agree to indemnify and hold electroninex,
its Owners/Operators, affiliates, and/or licensers, harmless to the fullest
extent allowed by law regarding all matters related to your use of the site.
Content Linked to by electroninex
The Website may contain links
to third party websites that are not owned or controlled by electroninex. electroninex
has no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party websites. The items and sets that
appear on the electroninex Website are created by automated machinery and
computers, and electroninex cannot and does not screen the source sites or
content before displaying them on the Website. An item or set may provide links
and/or display images of sites and/or content that some people find
objectionable, inappropriate, or offensive. We assume no responsibility for the
content of any site linked to by electroninex. By using the Website, you
expressly relieve electroninex from any and all liability arising from your
use of any third-party website. Accordingly, we encourage you to be aware when
you leave the electroninex Website and to read the terms and conditions and
privacy policy of each other website that you visit.
Redistribution
You may display images of
sets from the Website on other websites for non-commercial use, provided that
you do so with the embed code provided by electroninex. You may not alter
the embed code in any ways. You may not distribute any content from the Website
without written consent from electroninex otherwise. Images on the Website
are intellectual property of copyright owner and may not be used for commercial
use without permission from the owner. Additionally, if you want to make
commercial use of the electroninex Service, you must enter into an agreement
with electroninex to do so in advance.
Disclaimer of Warranties
electroninex disclaims any
and all responsibility or liability for the accuracy, content, completeness,
legality, reliability, or operability or availability of information or
material displayed in the electroninex SERVICE pages. electroninex
disclaims any responsibility for the deletion, failure to store, misdelivery,
or untimely delivery of any information or material. electroninex disclaims
any responsibility for any harm resulting from downloading or accessing any
information or material on the Internet through the electroninex SERVICE.
The electroninex service,
and all materials, information, products and services included in the
electroninex service are provided "as is," with no warranties
whatsoever. electroninex and its licensors expressly disclaim to the fullest
extent permitted by law all express, implied, and statutory warranties,
including, without limitation, the warranties of merchantability, fitness for a
particular purpose, and non-infringement of proprietary rights. electroninex
and its licensors disclaim any warranties regarding the security, reliability,
timeliness, and performance of the electroninex services. electroninex
and its licensors disclaim, any warranties for any information or advice
obtained through the electroninex services. electroninex and its licensors
disclaim any warranties for services or goods received through or advertised on
the electroninex service or received through any links provided by the
electroninex service, as well as for any information or advice received
through any links provided in the electroninex service.
You understand and agree that
you download or otherwise obtain material or data through the use of the
electroninex service at your own discretion and risk and that you will be
solely responsible for any damages to your computer system or loss of data that
results from the download of such material or data.
Some states or other
jurisdictions do not allow the exclusion of implied warranties, so the above
exclusions may not apply to you. You may also have other rights that vary from
state to state and jurisdiction to jurisdiction.
Limitation of Liability
Under no circumstances shall
electroninex or its licensors be liable to any user on account of that
user's use or misuse of or reliance on the electroninex service. Arising
from any claim relating to this agreement or the subject matter hereof such
limitation of liability shall apply to prevent recovery of direct, indirect,
incidental, consequential, special, exemplary, and punitive damages whether
such claim is based on warranty, contract, tort (including negligence), or
otherwise, (even >if electroninex or its licensors have been advised of
the possibility of such damages). Such limitation of liability shall apply
whether the damages arise from use or misuse of and reliance on the
electroninex service, from inability to use the electroninex service, or
from the interruption, suspension, or termination of the electroninex
service (including such damages incurred by third parties). This limitation
shall also apply with respect to damages incurred by reason of other services
or goods received through or advertised on the electroninex service or
received through any links provided in the electroninex service, as well as
by reason of any information or advice received through or advertised on the
electroninex service or received through any links provided in the
electroninex service. This limitation shall also apply, without limitation,
to the costs of procurement of substitute goods or services, lost profits, or
lost data. Such limitation shall further apply with respect to the performance
or non-performance of the electroninex service or any information or
merchandise that appears on, or is linked or related in any way to, the
electroninex service. Such limitation shall apply notwithstanding any
failure of essential purpose of any limited remedy and to the fullest extent
permitted by law.
Some states or other jurisdictions do not allow the exclusion or limitation of
liability for incidental or consequential damages, so the above limitations and
exclusions may not apply to you. New jersey does not allow limitations of
liability for intentional or reckless acts or gross negligence; therefore, such
limitations do not apply in new jersey.
Without limiting the
foregoing, under no circumstances shall electroninex or its licensors be
held liable for any delay or failure in performance resulting directly or
indirectly from acts of nature, forces, or causes beyond its reasonable
control, including, without limitation, Internet failures, computer equipment
failures, telecommunication equipment failures, other equipment failures,
electrical power failures, strikes, labor disputes, riots, insurrections, civil
disturbances, shortages of labor or materials, fires, floods, storms,
explosions, acts of God, war, governmental actions, orders of domestic or
foreign courts or tribunals, non-performance of third parties, or loss of or
fluctuations in heat, light, or air conditioning.
Miscellaneous Provisions
These Terms of Service will
be governed by and construed in accordance with the laws of the State of
California, without giving effect to its conflict of laws provisions or your
actual state or country of residence. If for any reason a court of competent
jurisdiction finds any provision or portion of the Terms of Service to be
unenforceable, the remainder of the Terms of Service will continue in full
force and effect.
These Terms of Service
constitute the entire agreement between the parties with respect to the subject
matter hereof and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter.
Any waiver of any provision of the Terms of Service will be effective only if
in writing and signed by electroninex.
Please note that electroninex's
Shop is a marketplace where brands bid for placement.
Changes In Terms and
Conditions and electroninex
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.