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Welcome
to Mineralszone Terms of Service Agreement ("Agreement").
This Agreement describes the terms and conditions applicable
to your use of the Mineralszone.com web site, which features
tools for trading and communicating in a global B2B- (the "Service").
THE
FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH
MINERALSZONE 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
Mineralszone.com and that you will be bound by the terms and
conditions hereof ("Terms"), which Mineralszone in
its discretion may change from time to time. We will 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 Mineralszone.
2.
Who Can Use Mineralszone.
The Service is only available to individuals or companies who
can form legally binding contracts under applicable law. If
you do not qualify, please do not use the Service.
Mineralszone may, in its sole discretion, refuse the Service
to anyone at any time. The Service is not available to
temporarily or indefinitely suspended Mineralszone members.
3.
Fees.
Joining Mineralszone and the use of the Service is Free . 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.
Mineralszone Is Only A Platform 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 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 Mineralszone. You acknowledge that Mineralszone 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 Subscription form at
Mineralszone.com 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 Mineralszone has
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Mineralszone 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 Mineralszone 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. Mineralszone 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 Mineralszone:
- 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;
- 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
item that could cause us to violate any applicable law,
statute, ordinance or regulation
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. 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, Mineralszone 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 Mineralszone 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
Mineralszone'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 Mineralszone's
site, provided that you place such listings in an appropriate
category. Mineralszone is not responsible for the accuracy or
content of listings.
8.2
Negotiating A Trade.
Traders
on Mineralszone 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 Mineralszone (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.
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. 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. 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 Mineralszone.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,
No Commercial Exploitation.
You agree that you may not commercially exploit any
information, including but not limited to, copying any
information displayed, on the Mineralszone web site without
prior written authorization from an authorized officer of
Mineralszone.
10.
Termination.
You agree that Mineralszone, 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
Mineralszone believes that you have violated or acted
inconsistently with the letter and spirit of the Agreement.
Mineralszone 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 Mineralszone 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 Mineralszone 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, Mineralszone 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 Mineralszone 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. MINERALSZONE 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.
MINERALSZONE 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 MINERALSZONE OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
AGREEMENT.
13.
Limit of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MINERALSZONE 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, 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.
14.
Indemnity.
You agree to indemnify and hold Mineralszone 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 the country
in which you reside
16.
No Agency.
You and Mineralszone 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 Mineralszone
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 Mineralszone 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
Mineralszone has no control over such sites and resources, you
acknowledge and agree that Mineralszone 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 Mineralszone 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.
Force Majeure.
Mineralszone 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.
20.
Assignment.
Mineralszone may assign this Agreement without your consent.
21.
Miscellaneous.
The Agreement constitutes the entire Agreement between you
and Mineralszone and governs your use of the Service,
superseding any prior written or oral Agreements between you
and Mineralszone. The Agreement shall be governed in all
respects by the laws of Republic of India without regard to
its conflict of law provisions. 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.
Important
Notice
Mineralszone takes every action internally to ensure
that all products posted are legally tradable, and that they
do not contravene any regulation, restriction or embargo that
may exist. As an Indian Company, Mineralszone has provided the
information links as below; however, please remember
embargoes, tariffs, and other restrictions may exist between
any two countries and that Mineralszone may be unaware of the
laws in those particular jurisdictions. It is your
responsibility to ensure adherence to all applicable laws. The
laws of the India restrict the export / Import of certain
Minerals and stones from India. Some transactions may be
banned altogether. It is the responsibility of the Indian
exporter / Importer, which may be the Indian seller / Buyer or
the Indian agent of the foreign buyer, to ensure the export or
import complies with all applicable Indian export laws.
In addition, there are restrictions on the activities of
Indian persons in support of certain transactions wherever
they occur, and it is the responsibility of parties to these
transactions to ensure such transactions do not violate Indian
law. These laws are complex, and vary depending on the type of
Products to be exported, the identity of parties to the
transaction, and the countries where the buyer and seller
reside. Mineralszone strongly recommends that you contact the
appropriate Indian government agencies regarding these laws.
If necessary, you may wish to consult with an expert in this
field before completing any transactions.
More about Us.
The services hereunder are offered by Mineralszone.com For
more information, please email us at
info@mineralszone.com
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