By your use of this Site, you agree that:
2. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT , INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT .
The term "User" refers to you as a "Visitor" to this Site.
Catasym is a neutral marketplace and makes the Site available as an online venue where buyers and sellers locate and collaborate with each other and take advantage of the following services (collectively, the "Services"):
The Site is an online marketplace where: (1) sellers list or post services or products for sale and solicit bids from potential buyers and (2) buyers place bids on such offers or posts or listing, respond to inquiries, and locate, connect with sellers directly in anticipation of a transaction. In providing the Services, Catasym only provides the
venue for buyers and sellers to find and engage in a transaction.
The Site is also a venue where Catasym provides to buyers and sellers certain collaboration, feedback, and billing and payment tools, dispute resolution process and dispute assistance, and other services (collectively, "Workroom Services").
Catasym is only providing a service. We are not involved in any transaction between any parties who use the Site. Please use caution, common sense, and engage in safe trading practices when using our Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people otherwise acting under false pretence.
COPYRIGHT/ RESTRICTIONS ON USE OF MATERIAL:
All items on this Site are copyrighted by Mylisting, its agents, employees, officers, subsidiaries, members or affiliates. This copyright extends to text and graphics, the selection, arrangement and presentation of all materials, and the overall design of the site. Reproduction or republication is strictly prohibited without prior
written permission. This Site may also contain valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by other companies who have authorized their use on this site only. Other products and company names mentioned in the Site may be the trademarks of their respective owners. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or any other proprietary right of
Mylisting, the Site, affiliate or any third party.
Catasym authorizes you to view and download the materials at this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display,
perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other Site or networked computer environment for any purpose is prohibited. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
TRADEMARKS, SERVICE MARKS, LOGOS, CORPORATE IDENTIFICATIONS PROTECTED:
All trademarks, service marks, logos, or other corporate identifications such as "Catasym", "Mylisting", "SEO Staging" (collectively, "Marks") on this Site are trademarks or service marks of Catasym. User agrees not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way. The use of these Marks on or as a link to any other Site is strictly prohibited without prior written approval by Catasym.
ELIGIBILITY AND AUTHORIZATION:
To be eligible for our Services, you must be at least 18 years old. When signing up for our Services, you authorize Catasym, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your
email address or financial instruments, and verifying your information against third party databases or through other sources.
USER NAME, ACCOUNT AND PASSWORD:
When you sign up for Services from Catasym, you will be given a Username and also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree to select a password that is only known to you and is not easily identifiable to others. You are solely responsible for any and all use of your membership including maintaining the security of your password.
You will not disclose your password to any third party. You agree to notify us immediately if you know of or suspect any unauthorized use of your membership or access to your password. You agree not to use the
account, username, or password of another User.
CLOSING YOUR ACCOUNT:
You may terminate your membership with us at any time either by downgrading your account or cancelling it by following the instructions in the "account settings" section of your profile/account. If your account is not downgraded or closed before your next billing cycle your account will be renewed . Non active accounts will be automatically closed. In the event of termination of your service agreement, sections: Exclusion Of Warranty, Limitation Of Liability, Indemnification, Prohibited Content and/or Activity, Links To/From Third Party Sites, Copyright/Restrictions On Use Of Material. Trademarks, Service Marks, Logos, and Corporate Identifications Protected, would still survive.
Descriptions of, or references to, products, services or publications in the Site does not imply endorsement of that product, service or publication. Catasym makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information.
Catasym makes no warranty that the reviews on these site are accurate or that they are based on first hand material. All content and ratings are provided on a strictly as is basis and users must use their own judgement when deciding which products to purchase.
Catasym will not use or disseminate the data which users provide through this business contact form for any purpose other than arranging or otherwise facilitating the matter of user's enquiry.
In the event that a product is mistakenly listed at an incorrect price, Catasym reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Catasym is not responsible for typographical or photographical errors. Product descriptions are provided by the product manufacturer therefore any inaccuracy in product descriptions should be addressed with the manufacturer. Catasym reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Catasym shall issue a credit to your credit card account in the amount of the incorrect price.
Your profile includes transaction history information, comments from other users and level of service ranking information. Any action designed to undermine the system and to alter your profile or the profiles of others is strictly prohibited. Your profile information is intended solely to facilitate trading on Catasym and you agree not to export or market your profile information or the profile information of other users in any other venue.
Users may have the option to purchase the background check verification symbol to be added on their profile. The background check is conducted by third party background check agencies. Catasym is not liable for the manner such a check is conducted and information provided to Catasym by the background checking agency. Catasym shall make reasonable effort to ensure accuracy of information, however in no way shall we be responsible or liable in case of any fraud by User or incomplete background information being provided by either the background reporting agency or the User. Catasym will only verify by the use of the background check verification symbol, that User has passed the check. Catasym will NOT store or disclose sensitive information pertaining to the background verification process.
EXCLUSION OF WARRANTY:
Every reasonable effort has been made to ensure the accuracy of the information and Content on this Site. Notwithstanding the foregoing, Catasym assumes no responsibility for the accuracy of the information.
Catasym disclaims any obligation or duty to update any information contained in this Site. Any changes will be made at Catasym's sole discretion at any time without notice.
CATASYM AND ANY THIRD PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN 'AS IS' BASIS. CATASYM AND ANY THIRD PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. CATASYM WILL NOT BE HELD LIABLE FOR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT OR DATA PROVIDED TO ANY INDIVIDUAL OR FOR ANY BUSINESS, INVESTMENT, COST, OR LOSS ASSOCIATED WITH THE INFORMATION WE PROVIDED. NEITHER CATASYM NOR ANY THIRD PARTY PROVIDERS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM CATASYM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY:
Catasym assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video or audio from the site. We are also not responsible for any loss attributed to our failure to provide timely reminders to our users. In no event shall Catasym or any third party providers or distributors be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or Content found herein, or (ii) the performance or non performance by Catasym or any third party providers, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.
User agrees to indemnify and hold harmless Catasym, at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User's negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.
PROHIBITED CONTENT AND/OR ACTIVITY:
You must use the Site in a manner consistent with any and all applicable laws and regulations. You agree that you shall not use Catasym's Services to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; on this matter, please refer to Catasym?s DMCA Policy, [MM1] which is herein incorporated by reference.
We reserve the right to take legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and terminating the membership of such violators.
In addition you agree not to:
* harvest or collect email addresses or other contact information of other Users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
* transmit "junk mail", "chain letters", or unsolicited mass mailing, instant messaging, or "spam?;
* solicit passwords or personal identifying information from other Users;
* use the Site in any unlawful manner or in any other manner that could damage, disable, interfere with, disrupt, or create an undue burden to the Site;
* circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person in circumventing or modifying any security technology or software that is part of this Site;
* use automated scripts to vote, collect information from or otherwise interact with the Site;
* that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
* harass or advocate harassment of another person or User;
* provide any email addresses, telephone numbers, street addresses, names or URLs in your member profile or anywhere else on this Site;
* post or otherwise make available any Content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, obscene, fraudulent, violent, invasive of privacy or publicity rights, offensive, racist, of a bigotry nature, or demonstrating hatred or physical harm of any kind against any group or individual;
* promote propaganda and/or symbols of organizations which are unconstitutional or illegal in your country;
* further or promote any criminal activity or enterprise or provide any information about illegal activities;
* involve commercial activities and/or sales without prior written consent from us such as advertising, contests, sweepstakes or any solicitation of donations;
* display an unauthorized commercial advertisement on the Site, or use this Site to perform any commercial activity without permission from us;
* register for more than one Member account or register for a Member account on behalf of another individual, group or entity;
* impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity;
* include a photograph or video of another person that you have posted without that person's consent;
* post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
* use or attempt to use another's account without authorization from us;
* post or otherwise make available Content that, in the sole judgment of us, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or its Users to any harm or liability of any type.
* violate any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies; [MM2]
* fail to make payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
* fail to deliver items sold by you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
* manipulate the price of any item or interfere with other users' listings;
* circumvent or manipulate our fee structure, the billing process, or fees owed to Catasym;
* take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Catasym);
* transfer your Catasym member account (including feedback) and User ID to another party without our consent;
* export or re-export any Catasym tools except in compliance with the export control laws of any relevant jurisdictions;
* copy, modify or distribute rights or content from the Catasym sites, service or tools or Catasym's copyrights and trademarks; or that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;