1. ACCEPTANCE OF TERMS My Consignment Manager ("My CM") provides its service to you, subject to the following Terms and Conditions ("T&C's"), which may be changed or modified by MCM from time to time without notice to you. You can view the T&C's at anytime by clicking on the T&C's located on your seller's homepage and throughout the website.
2. DESCRIPTION OF SERVICE My Consignment Manager provides its users with an electronic tagging and item inventory service. You understand and agree that the Service is provided "AS-IS" Although, My CM will make every effort to ensure that your entered data is stored correctly, My CM assumes no responsibility for the timeliness, items that are not submited correctly, your deletion(s), mis-delivery or failure to store user entries due to reasons beyond our control.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or My CM has the right to suspect that such information is inaccurate, untrue, not current or incomplete, My CM has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify My CM of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you logout from your account at the end of each session. My CM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT You understand that all information, data, text, software, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not My CM, are entirely responsible for all Content that you enter.
You agree to not use the Service to:
a. transmit, post, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. impersonate any person or entity, including, but not limited to, a My CM official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. transmit, post, email, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
d. transmit, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
e. transmit, upload, post, email, or otherwise make available 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;
f. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
g. collect or store personal data about other users.
You acknowledge that My CM does not pre-screen information put on the tags, the Consignment Owner information, nor are we responsible for information entered on the tags. My CM shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that has been entered or changed on the website and database. Without limiting the foregoing, My CM and its designees shall have the right to remove any Content that violates the T&C's or is otherwise objectionable. You agree that 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. You acknowledge and agree that My CM may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the T&C's; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of My CM, its users and the public.
7. INDEMNITY You agree to indemnify and hold My CM, and its subsidiaries, officers, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the T&C's, or your violation of any rights of another.
8. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that My CM may establish general practices and limits
concerning use of the Service, including without limitation the
maximum number of days that uploaded Content will be retained by
the Service and the maximum disk space that will be allotted on My CM's
servers on your behalf.
You acknowledge that My CM reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that My CM reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You understand that you can not hold My CM liable for any act of God, nature, dial-up, DSL, Broadband service and any other Internet service provider that fails, that might make the service unavailable.
10. MODIFICATIONS TO SERVICE My CM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that My CM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
11. TERMINATION You agree that My CM, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason and with or without notice, including, without limitation, for lack of use or if My CM believes that you have violated or acted inconsistently with the letter or spirit of the T&C's. You acknowledge and agree that My CM may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that My CM shall not be liable to you or any third-party for any termination of your access to the Service.
12. DEALINGS WITH CONSIGNMENTS Your correspondence or business dealings with, or participation in promotions of, consignments found on or through the Service, including payment and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such consignments. You agree that My CM shall not be responsible or 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 consignments on the Service.
13. My CM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and
agree that Content contained in information presented to you through
the Service is protected by copyrights and other proprietary rights
and laws. Except as expressly authorized by My CM you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based
on the Service or the Software, in whole or in part.
My CM grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on your computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by My CM for use in accessing the Service.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. My CM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. My CM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM My CM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T&C's.
15. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT My CM 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 (EVEN IF My CM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
16. COPYRIGHTS and COPYRIGHT AGENTS My CM respects the intellectual property of others, and we ask that you will do the same.