Photogon is only a Venue
Our web site acts purely as a venue to allow eligible users to
offer, sell, and buy audio related products via "online auctions" or
"classifieds." We are not involved in the actual transaction between
buyers and sellers. As a result, we have no control over the quality, safety,
or fit for use of the items advertised, the truth, accuracy, or completeness
of the listings, the ability of sellers to sell the items posted or the
ability of buyers to buy items. We cannot ensure that a buyer or seller will
actually complete a transaction, nor can we insure that a transaction will be
satisfactory for both parties.
User Identity confirmation
Photogon may use techniques to attempt to identify our users when they
register to use our site. By registering, you are authorizing
Photogon to use the information you provide, to evaluate, confirm, or otherwise
ascertain the accuracy of the information. However, due to the
difficulty of verification over the internet,
Photogon can not and does not
claim to have confirmed each user's identity as submitted to us, or provided
to you directly by that user.
Information control
We do not control the information posted by our users that is
available publicly or otherwise made available to you through our system.
There may be risks involved when relying on the information posted, or
transacting with users based upon such information. Photogon
does not
confirm the accuracy or completeness of any information posted on this web
site, but may remove such information when made aware of inaccuracies.
Release
In the event of a dispute with one or more users, you release Photogon, it's
officers, employees, agents and suppliers, from all claims, demands, actual or
consequential damages of any nature, known and unknown, disclosed and
undisclosed, arising from or connected with any such disputes. If you
are a California resident, you waive California Civil Code 1542, which states:
"A general release does not extend to claims with 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".
No Agency
You and Photogon are independent contractors,
and no agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
No Warranty
Photogon and our suppliers provide this
service "as is", without any warranty or condition, express,
implied, or statutory. We specifically disclaim any implied warranties
of title, merchantability, fitness for use, and non-infringement. Some
states 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 state to state.
Site A
Due to the nature of the internet and network
connections, w
Liability Limit
In not event shall Photogon, our subsidiaries,
officers, employees, agents, or affiliates be liable for lost profits or any
special, incidental or consequential damages arising from or in connection
with our site, your use of our site, our services, or this agreement.
Our liability, and the liability of our officers, employees, agents, and
affiliates, to you or any third parties in any circumstance is limited to the
greater of A) the amount of fees you pay to us in the 12 months prior to the
action giving rise to the liability, or B) $100. Some States do not
allow the limitation of incidental or consequential damages, so the above
limitation may not apply to you.
Indemnity
You agree to indemnify and hold Photogon, it's
officers, employees, affiliates, agents, and affiliates, harmless from any
claim or demand, including reasonable attorneys' fees, made by any third party
due to your direct or consequential breach of these Terms or the documents it
incorporates by reference, or your violation of any law of rights of any other
third party.
Access and Interference
You agree that you will not use any robot,
spider, or any other automated or manual process, to monitor, copy, or
otherwise publicly display the content on this site without our express
written permission. You agree that you will not engage in any activities
that pose unreasonable or excessive load on our web site infrastructure.
Photogon reserves the right to deny access, not respond, or otherwise limit
usage of this site, for any reason, at any time.
Termination
Photogon reserves the right to terminate any
account, listing, or a user's access privileges at any time, with or without
prior warning, for any reason, including but not limited to: breach of the
above terms, failure to follow Photogon staff direction, failure to follow
through with transactions, abuse of any methods, tools, or services provided,
behavior un-befitting a member of the Photogon community. Similarly, you
may terminate, and ask to remove, your account, listings, or other saved
information, at any time for any reason. However, Photogon reserves the
right to maintain a record of your activities, listings, and interactions in
an area not visible to the public.
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