Webmaster©techartstudio.com www.techartstudio.com All rights reserved. Privacy Terms of Use
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Terms and Conditions
In Short; We have the right to boot your booty off this site if you are cruel,
misleading and criminal. And if you have an issue with a customer. Deal with it. It is not
our problem. You are are required to be of age and smart enough to know the difference.
USE AT OWN RISK.
USER AGREEMENT
THE FOLLOWING DESCRIBES THE TERMS ON WHICH up4salebyowner.com
OFFERS YOU ACCESS TO OUR SERVICES. BY USING OUR SERVICES AND/OR REGISTERING
ON OUR SITE, YOU ARE ACCEPTING THE TERMS OF THIS USER AGREEMENT.
Welcome to the user agreement (the "Agreement" or "User Agreement")
for up4salebyowner.com and techartstudio.com web design.
This Agreement describes the terms and conditions applicable to your use of our services
available under the domain and sub-domains of up4salebyowner (the "Site").
If you do not agree to be bound by the terms and conditions of this Agreement,
do not use or access our services.
We may amend this Agreement at any time by posting the amended terms on the Site.
Except as stated below, all amended terms shall be effective immediately after they are
initially posted on the Site.
This Agreement is effective upon acceptance in registration for new registering users,
and subsequent updates are applicable to all users.
Identity Verification
We use many techniques to verify the accuracy of the information our users provide us when
they register on the Site. However, because user verification on the Internet is difficult,
up4salebyowner/techartstudio cannot and does not confirm each user's purported identity.
We encourage you to communicate directly with potential trading partners.
You may also wish to consider using a third party escrow service or services that provide
additional user verification.
Release : Because we are a venue, in the event that you have a dispute with one or more users,
you release up4salebyowner/techartstudio and affliates from claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Information Control
We do not control the information provided by other users that is made available through our
system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive.
Please use caution, common sense, and practice safe trading when using the Site.
Please note that there are also risks of dealing with underage persons or people acting under
false pretense. Additionally, there may also be risks dealing with international trade and foreign
nationals. By using this Site, you agree to accept such risks and up4salebyowner/techartstudio
And or affliates are not responsible for the acts or omissions of users on the Site.
Fraud : Without limiting any other remedies, up4salebyower /techartstudio may suspend or
terminate your account if we suspect that you (by conviction, settlement, insurance or escrow
investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Denial of Service
up4salebyowner/techartstudio and affliates the right to deny services to any person or entity.
We reserve the right to invalidate, delete, and remove accounts and items at any time.
Restricted Activities
Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation
(including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination
or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in
the Mature Audiences section and shall be distributed only to people legally permitted to receive such content;
(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming
routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system,
data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our
ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that:
(aa) are prohibited under this Agreement; (bb) you do not have a right to link to or include.
Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service)
that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current
Prohibited, Questionable and Infringing Items.
mission of up4salebyowner/techartstudio and affliates and the appropriate third party,
as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Breach
Without limiting other remedies, we may limit your activity, immediately remove your item listings, warn our community
of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our
services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or
authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for you,
our users or us; (d) any activity we deem not to be in compliance with the intended use of the site; or (e) any reason we deem
to be in the best interest of the site.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we
only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important
community principle. We understand clearly that you and your information is one of our most important assets.
We store and process your information on computers located in the United States that are protected by physical as
well as technological security devices. If you object to your Information being transferred or used in this way please do not use our services.
No Warranty
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND
WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary
from state to state.
Liability Limit
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS
OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE,
OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY
THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE
ACTION GIVING RISE TO LIABILITY.
Indemnity
You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the
rights of a third party.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our
service and your listing, purchase, solicitation of offers to purchase, and sale of items.
Resolution of Disputes
In the event a dispute arises between you and up4salebyowner/techartstudio and affliates, our goal is to provide you with a neutral and
cost effective means of resolving the dispute quickly. Accordingly, you and up4salebyowner/techartstudio and affliates agree that any claim
or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the
subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly
encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through
alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
Binding Arbitration
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is
less than $10,000, you or up4salebyowner/techartstudio and affliates may elect to resolve the dispute through binding arbitration
conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required.
In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their
applicable rules, or any other established ADR provider mutually agreed upon by the parties.
Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
General
This Agreement shall be governed in all respects by the laws of the State of Wisconsin as such laws are applied to agreements
entered into and to be performed entirely within Kentucky between Wisconsin residents. We do not guarantee continuous,
uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside
of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically
assigned by up4salebyowner/techartstudio in accordance with the Section entitled "Notices", in our sole discretion, Headings are for
reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act
with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Sections entitled Fees and Services with respect to fees owed for our services, as well as Release, License, Access and Interference,
Liability Limit, Indemnity and Resolution of Disputes shall survive any termination or expiration of this Agreement.
Disclosures
The services hereunder are offered by up4salebyowner/techartstudio and affliates
Disputes between you and up4salebyowner/techartstudio and affliates regarding our services may be reported to
Customer Support by e-mailing sell@up4salebyowner. We encourage you to report all user-to-user disputes to
your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
Up4salebyowner/techartstudio and affliates reserves the right to alter this document at any time.
LOCALITY: Please note that these sites are intended for locals to post local stuff. Should you be a distant out-of-towner,
we recommend you post on the site closest to you. If you aren't very local, your account may be removed in
order to maintain our local family feel.
Additional site-specific terms and exclusions may apply. When in doubt, contact us.
Contact Us
Any questions about these Terms should be directed to us at: sell@up4salebyowner.com