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Terms & Conditions of SILVER CROSS Website.
Welcome to the SILVER CROSS website (Site"). Please review the following basic conditions that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. We may change, move or delete portions of, or may add to, our Site from time to time. Use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. This website is Copyright 1999 SILVER CROSS Website and all rights are reserved.
Contents of Site - All materials including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Site are copyrights, trademarks and other intellectual property owned, controlled or licensed by SILVER CROSS collectively and or its subsidiaries and affiliates. The contents of our site are for personal use only. No right, title or interest in any download materials or copying is transferred to you. You may not reproduce, publish, distribute, publish, display, modify, sell or exploit in any way, in whole or in part, any contents of the site, or any related software.
Comments and Submissions - All comments, suggestions, ideas, and other submissions disclosed, submitted or offered to SILVER CROSS on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site shall be and remain SILVER CROSS property. Such disclosure, submission or offer of any Comments shall constitute an assignment to SILVER CROSS of all rights, title and interests in all copyrights and other intellectual property in the comments. SILVER CROSS will own exclusively all such rights, titles and interests and shall not be limited in any way in its use. SILVER CROSS is and shall be under no obligation to maintain any comments in confidence; to pay any compensation for any comments to user or submission party; or to respond to any user comments. You represent that no comments submitted by you to the site will violate any right of any third party, including copyright, trademark, privacy rights. You further represent that no comments submitted by you to the site will be or contain libelous or otherwise unlawful, abusive or obscene material. You agree that SILVER CROSS may use and/or disclose information about your demographics and use of the site in any manner that does not reveal your identity.
Product Information - SILVER CROSS makes no guarantees or representations of the accuracy of the product specifications and information whatsoever.
Disclaimer /Termination - This site all all contents of the site are provided on an as is basis without warranties of any kind, either expressed or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for particular purpose. You acknowledge by your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that SILVER CROSS shall not be liable for any damages of any kind related to your use of this site. SILVER CROSS may terminate at any time without notice and may deny you access to the site without notice if you fail to comply with any term or provision of this Agreement.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH SILVER CROSS OFFERS YOU ACCESS TO OUR SERVICES.
The services available at http://www.silvercross.com (the "Site") and private label versions of the Site ("Services") are owned and operated by Privax International Ltd, a Canadian Federal corporation, doing business as Silver Cross, and are provided to you ("You") under the following terms and conditions (the "Agreement"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our Services. SILVER CROSS may amend this Agreement at any time by posting the amended terms and conditions on the Site or private label versions of the Site (together the "Sites"). This Agreement may not be otherwise amended except in writing signed by you and Silver Cross.
1. SERVICES. Silver Cross is a referral service that matches requests from potential customers ("Buyers") with individuals and entities that offer products or services via the Services ("Businesses") that may be able to meet Buyers needs. Silver Cross is not involved in the actual transaction between Buyers and Businesses. Consequently, Silver Cross cannot ensure that a transaction will occur. Further, if a transaction does occur, Silver Cross has no control over the quality, safety or legality of the item or service sold. The Sites acts as the venue for You to submit requests to Businesses listed in various categories who may respond to Your requests. This service is free for Buyers to use in submitting requests and reviewing responses. Silver Cross does not charge Buyers to use this service. All charges associated with this service are incurred by the Businesses that respond to requests.
2. CONDUCT. Please use common sense and practice safe trading when using the Service.
You agree to not use the Service:
a) for any purpose in violation of local, state, national, or international laws;
b) in a manner that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
c) to transmit, post or make available any information, data, text, files, links, software, chat, communication, or any other materials that are unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity as determined by Silver Cross in its sole discretion;
d) to transmit, post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation.
e) To impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
f) To post improper responses;
g) to 'stalk' or otherwise harass another;
h) to distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or telecommunications equipment;
i) to engage in any other conduct that inhibits any other person from using or enjoying Respond and which negatively affects the user experience.
You acknowledge that Silver Cross screens Your requests to Businesses and has the right (but not the obligation) in our sole discretion to deny any request or remove any content that is in violation of these terms and conditions.
3. PRIVACY. Solely to enable Silver Cross to use the information you supply us with ("Your Information"), so that we and Businesses are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Silver Cross will only use Your Information in accordance with our Privacy Policy and will require that Businesses who use Your information use it in accordance with our Privacy Policy.
4. CONTENT. You hereby acknowledge that neither SILVER CROSS nor any of its service providers or partners ("Partners") has or shall have any liability for how the Services are used, what Content is posted or accessed, or what products or services are made available through the Sites.
5. RELEASE. Because we are not involved in the actual transaction between buyers and businesses, in the event that you have a dispute, for any reason, You release Silver Cross (and our officers, directors, agents, and employees) from claims, demands, and damages (actual or 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. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
6. SILVER CROSS’ PROPRIETARY RIGHTS. You acknowledge and agree that the Sites and Service and any necessary software used in connection with the Sites or Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content on the Sites or presented to you through the Service is protected by copyrights, trademarks, patents and other proprietary rights and laws. Except as expressly authorized by Silver Cross, you agree not to modify, sell, distribute or create derivative works based on the Sites, Service or software, in whole or part.
7. UPGRADES, SUPPORT AND NOTICES. From time to time, SILVER CROSS may (and has the right to) send You information and offers about upgrades, documentation, special announcements and other services offered by SILVER CROSS. Notwithstanding the foregoing, under no circumstances will SILVER CROSS or any of its Partners have any obligation to provide You with upgrades, enhancements, modifications, or support for the Services or Sites.
8. INDEMNITY. You agree to indemnify and hold SILVER CROSS, its parents, subsidiaries, affiliates, officers, employees and Partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the following: Your use of the Services, use of Your account by any third party, Your purchase or use of products or services offered by the Businesses, the violation of this Agreement by You, or the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity.
9. WARRANTY DISCLAIMER. You use the Services at Your own risk. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER SILVER CROSS NOR ANY OF ITS PARTNERS MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY CONTENT OR PRODUCTS, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the above limitations may not apply to you.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL SILVER CROSS OR OUR PARTNERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITES, THE USE OR THE INABILITY TO USE THE SERVICE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR PARTNERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT FEES YOU PAY US IN THE TWELVE MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. This service is free for Buyers to use in submitting requests and reviewing responses. SILVER CROSS does not charge Buyers to use this service. All charges associated with this service are incurred by the Businesses that respond to requests. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
11. GENERAL. This agreement constitutes the entire agreements between You and SILVER CROSS.