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06 Sep. 2008

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	Terms of Service
	General Terms and Conditions This User Agreement (or "Agreement") is a legal agreement between you and BS-ads.com, Inc. ( "BS-ads.com" or "us") governing your participation on the BS-ads.com site. By using, accessing or registering as a member of the BS-ads.com , you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use the BS-ads.com . We can amend this Agreement either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended terms on the BS-ads.com , which take effect when we post them. By continuing to access or use the BS-ads.com after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us. A Note About Minors. The BS-ads.com is not targeted towards, nor intended for use by anyone under the age of 18. By using the BS-ads.com, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for the BS-ads.com. We reserve the right to terminate your membership in the event that BS-ads.com becomes aware you are under 18. Registration. Certain features and services on the BS-ads.com (for example, the Cart Service ) require that you register on the site. You agree as a condition of use and registration that we may contact you to inform you of changes to this Agreement or describe new services available on the BS-ads.com. You are responsible for safeguarding the password that you use to access any secure areas of the BS-ads.com. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify BS-ads.com of any unauthorized use of your password. Content Submission. By contributing or submitting any content to the BS-ads.com, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant BS-ads.com a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and distribute, or incorporate such materials into any form, medium or technology, without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. Advertising virtual items from online games must contain a disclaimer saying what you are selling in your auction and BS-ads.com can not be hold responsible for anything regarding this virtual items auctions. None of the materials shall be subject to any obligation of confidence on the part of BS-ads.com, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. BS-ads.com reserves the right to change or delete any content on the BS-ads.com that BS-ads.com deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement. You agree that you shall not post any information: - that is known by you to be false, inaccurate or misleading; - that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; - that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); - that is or may reasonably be considered to be defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; - for which you were compensated or granted any consideration by any third party; - that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; - or that contains any computer viruses, worms or other potentially damaging computer programs or files. You retain all ownership rights to information, text, graphics or other materials you publish on the BS-ads.com. However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same. You can edit or remove your content from the BS-ads.com at any time; but if we have distributed your content to others, we may be unable to require them to make the same changes. We ask that you refer or provide links to the BS-ads.com if you choose to republish your content elsewhere and that you do not publish the same items of content on both the BS-ads.com and other product or price comparison sites. Copyrights. All content available on the BS-ads.com, including site design, text, graphics, interfaces and the selection of arrangements thereof is copyrighted by BS-ads.com Ltd., with all rights reserved, or is the property of BS-ads.com or third parties protected by intellectual property rights. BS-ads.com's service marks/trademarks may not be used in connection with any product or service that is not provided by BS-ads.com, in any matter that is likely to cause confusion among customers, or in any manner that disparages or discredits BS-ads.com. Trademarks. BS-ads.com is not in a position to arbitrate trademark disputes between the advertisers on the BS-ads.com and trademark owners. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites. Similarly, BS-ads.com does not control and assumes no responsibility for content that appears on a third party's website that may be accessed via the BS-ads.com, and trademark owners should contact third-party sites directly to resolve trademark disputes. As a courtesy to federally registered trademark owners, however, we are willing to perform a limited investigation of reasonable complaints. If you are an owner of a registered trademark (or represent an owner of a registered trademark) and have an objection to content corresponding to your trademark on the BS-ads.com that is consistent with the foregoing, or if you believe that we have improperly used your registered trademark to promote the BS-ads.com on a third-party website, please provide the following information in a signed letter on company stationery: a. Name of Company b. Contact information (including email address) c. List of registered trademark(s) at issue including a copy of each relevant federal trademark registration certificate(s) d. The identity of the advertisement(s) at issue (via the URL stated on the bottom line of the ad or other identifying information). Please indicate if your complaint is limited to specific advertisers/advertisements or if it is a general objection to all advertisers. e. If certain affiliates or partners are permitted to use your trademark in their ad content, please list the company names in your letter. f. Include the following statement: "I have a good faith belief that use of the trademarks described above with the advertisements described above are not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law." g. Include the following statement: "I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner." h. Your signature Please send this written communication with the above information to the following address: contact@bs-ads.com Upon receipt of notice as described above, BS-ads.com will confirm the existence of the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the BS-ads.com. In the event that the challenged content has been provided to BS-ads.com by a third part0y and in BS-ads.com's sole discretion, we conclude that the content is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner's federal registration, BS-ads.com will provide to notice to the third party prior to any removal of content. If prior to such removal, the third party demonstrates that it has its own trademark registration or approved trademark application covering the challenged content, BS-ads.com will not remove the content. Notwithstanding the foregoing, BS-ads.com will comply as appropriate with the terms of any court order relating to the behaviour of the challenged party identified in such court order. Other Rules. You agree to comply with all laws and regulations applicable to your access and use of the BS-ads.com and publishing your content. You may not harvest personal data (including email addresses) from the BS-ads.com, and specifically you may not use email addresses displayed on our sites to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that BS-ads.com has no obligation to monitor your access to or use of the BS-ads.com, but has the right to do so for the purpose of operating the BS-ads.com, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access the BS-ads.com or collect information from it. Indemnity. By choosing to use the BS-ads.com, you agree to indemnify BS-ads.com, its officers, agents, partners and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to or arising out of: 1) Content you choose to submit, post or transmit through the BS-ads.com; 2) your use of or connection to the BS-ads.com; 3) your violation of the User Agreement; or 4) your violation of any rights of another. Release. Because we are a venue, in the event that you have a dispute with one or more users (including merchants) of the BS-ads.com, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably release and discharge BS-ads.com, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity, concerning, related to or arising out of any such disputes. To ensure that the release provided in this Agreement is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this section by virtue ((((***////* o lege romaneasca asemanatoare ))), which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes or principles of common law applicable in states other than Romania as it pertains to the enforcement of the release in this section. Liability Limits. BS-ads.com and its suppliers shall not be liable to you for any lost profits or special, incidental or consequential damages arising in any way (including negligence) out of or in connection with BS-ads.com and its parent, subsidiary or affiliate companies, our services or this Agreement. Other than for Eroyalties, we and our suppliers shall not be liable to you for more than $100. Certain state laws do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights. Disclaimer of Warranties. The BS-ads.com and its services are provided "as is," without express or implied warranty or condition of any kind, and we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement. We do not promise or warrant that any aspect of the sites or system will work properly or that the information provided is complete or accurate or will be continuously available. The BS-ads.com may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. BS-ads.com shall make reasonable efforts to ensure that the Cart Service requests are processed accurately and in a timely manner and but we make no representations or warranties regarding the amount of time needed to complete processing, because our Cart Service is largely dependent upon many factors outside of our control. Your correspondence with or participation in promotions of merchants or advertisers found on the BS-ads.com, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold BS-ads.com 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 merchants or advertisers on the BS-ads.com. In addition, BS-ads.com does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including any rates, points and loan programs posted by sellers, lenders or brokers. Nothing on the BS-ads.com constitutes an advertisement for credit as defined by ((((***///// lege sau paragraph asemanator din legea romaneasca))))))) Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers may not apply to you, and you might have additional rights. Assignment. You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by BS-ads.com, in its sole discretion, to a third party. You may not assign your obligations to another entity. General. This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with the BS-ads.com. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by BS-ads.com.
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