- March 28, 2013 at 4:37 am #72
1. Acceptance of Terms
This User Agreement is a legally binding agreement between you and New York Italians. If you do not agree to the Terms, do not access, browse or use the Website.
2.1 Access to the Site is free to all users.
2.2 New York Italians, in its sole discretion, may terminate your license to use the Website for any reason without prior notice to you. You acknowledge and agree that New York Italians may immediately bar your further access to the Website. New York Italians will not be liable to you or any third party for any termination of your access and/or use of the Website.
2.3 You must be at least 18 years old to log on to this Website.
3. Transactions between Buyers and Sellers
3.1 Through the Site, New York Italians provides an electronic web-based platform for exchanging information between buyers and sellers of products and services. New York Italians does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, New York Italians does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on its website or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
3.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. New York Italians cannot and does not confirm each user’s purported identity.
3.3 Each user acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Website to conduct transactions, such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Each User agrees that New York Italians shall not be liable or responsible for any damages that may arise a result of or in connection with any transaction risks.
4. Posting Information on New York Italians
4.1 You must be a Registered User in order to post information on the Website.
4.2 You must provide accurate and verifiable contact information when registering on the Website.
4.3 Basic requirements
4.4 Content requirements
4.5 What is not allowed to post?
– Body parts & organs
– Pirated materials and products
– Copyrighted or trademark materials (images & texts)
– Counterfeit Designer Items (replicas or imitation of designer products)
– Fake Documents
– Illegal Goods and Services
– Personal Information about another individual
– Prescription drugs and products that require a prescription
– Currency Exchanges
– The same or very similar content several times (
– Firearms & ammunition, stun guns, bb guns, pellet guns, blowguns, dart guns and illegal knives
– Firearm parts, stun gun parts, bb gun parts, and pellet gun parts
– Tobacco, cigars for smoking, e-cigarettes, cartridges for e-cigarettes, e-liquid, other smoking-cessation devices, vaporizers and diffusers used for any type of smoking or oral inhalation, any smoking device or smoking related item (unless the item is a collectible item only)
– Live animals
– Items made from wild or exotic animal skins (even if farm raised) and taxidermy items of wild or exotic animals
– Mod chips, mod chips accessories or other devices designed to circumvent copyright protection
– Illegal drugs and drug accessories
– Signal jammers or products that descramble cable and satellite signals
– Listing for upgrades, to postage, for insurance, for shipping etc.
– Listings for upgrades to another product
– Falsified orders to create or generate false feedback.
4.6 New York Italians reserves the right in its sole discretion to remove any material displayed on the Website which it reasonably believes is unlawful, could subject New York Italians to liability, violates this Agreement or is otherwise found inappropriate in New York Italians’s opinion. In connection with any of the foregoing, New York Italians may suspend or terminate the Account of any user as New York Italians deems appropriate in its sole discretion.
We do not release your personal information to third parties. However, New York Italians may disclose the User’s identity and contact information, if we suspect that the seller created fraudulent store, or if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and New York Italians shall not be liable for damages or results thereof and User agrees not to bring any action or claim against New York Italians for such disclosure.
6. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. New York Italians EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, DATA, PRODUCTS OR SERVICES ON THE WEBSITE OR THE UNINTERRUPTED ACCESS PROVIDED TO OR IN CONNECTION WITH THE WEBSITE.
7. Limitation of Liability
YOU AGREE THAT New York Italians 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 THE USE OR THE INABILITY TO USE THE WEBSITE.
8. Governing Law
This Agreement shall be interpreted and construed according to, and governed by, the laws of New York , excluding any such laws that might direct the application of the laws of another jurisdiction. You agree to submit to the exclusive jurisdiction of the courts located within the county of New York, New York to resolve any legal matter arising from the terms.
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