Terms and conditions
2. DEFINITION OF SERVICE AND CONTENT POLICY
A. ALARICA is a advertising portal that provides you the means to list goods such as but not limited to shoes, bags, belts and wallets and acts as a venue to allow our users who comply with these Terms to offer, sell and buy shoes, bags, belts and wallets listed on the Service. Although you may be able to conduct payments and other transactions through using third-party vendors, ALARICA is not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that ALARICA is not a party to such transactions, has no control over any element of such transactions, and shall have no liability towards any party in connection with such transactions. You use the Service at your sole risk and responsibility.
B. You understand that ALARICA is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails or chats sent from outside ALARICAs domain or other means of electronic communication or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Service ("Content"), and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will ALARICA be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. You acknowledge and agree that ALARICA is not obliged to pre-screen or approve any Content, but that ALARICA has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to ALARICAs knowledge or for any other reason or no reason at all. Furthermore, the Service and Content available through the Service may contain links to other third party websites ("Third Party Websites"), which are completely unrelated to ALARICA. If you link to Third Party Websites, you may be subject to those Third Party Websites terms and conditions and other policies. ALARICA makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Websites, and your linking to any other websites is completely at your own risk and ALARICA disclaims all liability thereto.
C. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from, for such time the Content is available on the Service, have the necessary licenses, rights, consents, and permissions to use such Content on the Service (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize ALARICA to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service and these Terms; and you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Service, you hereby grant to ALARICA an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the ALARICA's (and its successors') business, including without limitation for the purpose of promoting of Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by ALARICA in order to host and display your Content. Furthermore, by you placing Content to any public area of the Service, you agree to and do hereby grant to ALARICA all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
D. ALARICA does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and ALARICA expressly disclaims any and all liability in connection with user Content. ALARICA does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and ALARICA may, at its sole discretion, remove any infringing Content. ALARICA reserves the right to remove any Content with prior notice. Further, at its sole discretion, ALARICA reserves the right to decide whether any Content is appropriate and complies with these Terms.
E. In relation to your advertisements placed on our Service, you shall:
I. only submit advertisements for sale of goods that you have in possession together with the relevant legal documentation and that you have the ability to transfer title and otherwise possess all legal requirements to effect such sale.
II. submit correct and full information about the product in the advertisement for sale;
III. ensure that the description of the product is not misleading in any manner and describes the actual condition of it in the advertisement for sale;
IV. ensure that the photographs submitted for the advertisement relate to and are illustrative of the product for which the advertisement is being posted.
You agree not submit for placing email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:
I. that violates any law or regulation;
II. that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant ALARICA all of the license rights granted herein;
III. that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
IV. that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
V. that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
VI. that includes personal or identifying information about another person without that person's explicit consent;
VII. that impersonates any person or entity, including, but not limited to, any ALARICA employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
VIII. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
IX. that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;
X. that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service;
XI. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
I. contact any user to post advertisement on a Third Party Website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;
II. make any libellous or defamatory comments or postings to or against anyone;
III. collect personal data about other users or entities for unlawful purposes;
IV. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
V. attempt to gain unauthorized access to computer systems owned or controlled by ALARICA or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service.
VI. use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of ALARICA's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation; or
Its free to register as a user of the Service, to read the ads, contact sellers /letters and to publish enquiries. The fees to be charged for placing of advertisements are set according to the current price list.
Unless otherwise agreed or offered by ALARICA, publication of an advertisement is always conditional on upfront payment of the fee for the advertisement in question.
Method of payment for placing the advertisements is subject of a contract between the Servise and User.
No advertisement will be published until it is fully paid, unless otherwise agreed or offered by ALARICA. Contract customers who market their shoes, bags, belts and wallets on a regular monthly basis, get invoices according to price list or customer agreement.
5. ALARICA SERVICE ACCESS
ALARICA grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: access to or use of the Service by Posting Agents; or any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by ALARICA or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in. For purposes of this exception, a "general purpose internet search engine" does not include a search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your Advertising Portal(s), or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from ALARICA.
6. CLAIMS AND REQUESTS
If you are an owner of intellectual property rights or an agent who is fully authorised to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorised to act, you may submit a notification to ALARICA together with a request to ALARICA to delete the relevant Content in good faith.
The notification and the request must contain the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the intellectual property rights claimed to have been infringed, or, if multiple intellectual property rights at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the Content (by means of data or communication link, etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit ALARICA to locate the material;
Information reasonably sufficient to permit ALARICA to contact you, such as an address, telephone number, and an electronic mail address;
A signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right-owner, its agent, or the law;
A signed statement that the intellectual property-owner hold ALARICA harmless from any claim of any third party in connection with the removing by ALARICA of the relevant content;
A signed statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications must be sent to firstname.lastname@example.org.
7. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the materials on the Service, other than the user Content that you licensed under these Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ALARICA, and are subject to copyright and other intellectual property rights. In connection with the Services, may display certain intellectual property goods belonging to third parties. Use of these goods may be subject to license granted by third parties to ALARICA. You shall, in no event, reverse engineer, decompile, or disassemble such goods and nothing herein shall be construed to grant you any right in relation to such goods. Materials on the Service are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ALARICA reserves all rights not expressly granted herein to the the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Service for any commercial purposes. Any reproduction, modification, creation of derivative works from or redistribution of the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.
8. USER CONTENT
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that ALARICA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, defamatory or libellous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ALARICA with respect thereto.
You agree to defend, indemnify and hold harmless ALARICA, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: your violation of any provision of these Terms; your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service.
10. ANTI-SPAM POLICY
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to ALARICA email addresses or through ALARICA computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time ALARICA may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the ALARICA e-mail system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Advertising Portals may be used only in accordance with the Terms. Any unauthorized use of ALARICA computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
11. INTERACTIONS WITH ORGANIZATIONS AND INDIVIDUALS
You acknowledge and agree that ALARICA shall not be liable for your interactions with any organizations and/or individuals on the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that ALARICA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. In the event that you have a dispute with one or more other users, you hereby release ALARICA, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
12. LIMITATION AND TERMINATION OF SERVICE
You acknowledge and agree that ALARICA, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof) with a prior notice, and remove and discard any Content within the Service, for any reason or no reason at all.
13. DISCLAIMER CLAUSE
You expressly acknowledge and agree that use of the service is entirely at your own risk and that the service is provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, alarica, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the advertising portals and your use thereof. Alarica makes no warranties or representations about the accuracy or completeness of the advertising content of any linked Third Party Websites and assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use service, (III) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the advertising portal, (V) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the service by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the Service. Alarica does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service, and Alarica will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
In no event shall Alarica, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Alarica has been advised of the possibility of such damages), resulting from any aspect of your use of the Service, including without limitation whether the damages arise from use or misuse of the service, from inability to the Service, or the interruption, suspension, modification, alteration, or termination of the Service. Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Service or any links on the Service, as well as by reason of any information, opinions or advice received through or advertised in connection with the Service or any links on the Alarica site. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that Alarica shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you. Alarica makes no representations or warranties that the Service is appropriate for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ALARICA without restriction. Any assignment or transfer by you shall be null and void.
15. ABILITY TO ACCEPT TERMS OF SERVICE
The Service is intended only for adults and you acknowledge that you are eligible to contract as per applicable laws. If you are using/accessing the Service as a representative of any person/entity, you acknowledge that you are legally authorised to represent that person/entity. Minors are only allowed to access and use the Service, in the event of approval of their legal representatives. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
16. GOVERNING LAW AND JURISDICTION
These Terms and the other policies posted on this website constitute the complete and exclusive understanding and agreement between you and ALARICA and govern your use of the Service superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and ALARICA shall be governed by the laws of the Slovakia.
The failure of ALARICA to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, If any provision or the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision. provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. You agree that any cause of action brought by you and arising out of or related to your use of the service must commence within a reasonable time and in any event within one (1) year after the cause of action accrues. These Terms shall inure to the benefit of and be binding upon each party's successors.
17. VIOLATION OF TERMS
Please report any violations of the Terms that you become aware of by contacting us to email@example.com.