WEB SITE TERMS AND CONDITIONS AND PRIVACY POLICY
THANK YOU FOR VISITING THE NET2WATCHES WEB SITE (“SITE”).
YOUR USE OF AND ACCESS TO THE SITE ARE GOVERNED BY THESE TERMS AND CONDITIONS
AND PRIVACY POLICY, WHICH COLLECTIVELY FORM A BINDING LEGAL AGREEMENT BETWEEN
YOU AND THE NET2 GROUP INC. (“N2G”).
USE OF THE SITE
Only people over the age of 18 may post Content or use the services offered via
the Site. N2G does not itself buy or sell anything, but instead provides a
forum for potential vendors and buyers to make contact with one another. We
cannot and do not vouch for or make any representations or warranties
whatsoever regarding the reliability, accuracy, or creditworthiness of any
vendor or buyer, the quality or genuineness of any goods or services offered
for sale by a vendor, or the accuracy of any Content, including without
limitation the contents of any advertisement placed on the Site, and any errors
in any Content including without limitation pricing information and product
descriptions.
USE OF CONTENT
All text, images, graphics, media, content, data, and information on the Site
(“Content”) are the property of N2G and protected by United States and
international copyright, trademark, and other applicable laws. This includes
the content, appearance, and design of the Site, as well as the trademarks,
graphics, logos, colors, and designs. Except as expressly set forth herein, all
rights in the Content and the Site are reserved to N2G and its licensors. Any
use of the Content not expressly permitted by these Terms and Conditions is a
breach of these Terms and Conditions and may violate copyright, trademark, and
other laws. Content is subject to change and the operation of the Site may
terminate without notice in the sole discretion of N2G. N2G authorizes you to
view and make a reasonable, limited number of copies of particular Content for
noncommercial use if you include the following copyright notice, in addition to
any other copyright and proprietary rights notices originally contained in the
Content:
“Copyright 2003-2008 The Net2 Group Inc. All rights reserved.” Under no circumstances may any
Content be reproduced or used for any commercial purpose on any other web site
or in any other medium.
DISCLAIMER AND LIMITATION OF LIABILITY
THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, N2G EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND OF NON-INFRINGEMENT. N2G DOES NOT REPRESENT OR WARRANT
THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE FROM
ERROR, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT
MAKES THIS SITE AVAILABLE TO YOU ARE FREE FROM VIRUSES OR OTHER HARMFUL
COMPONENTS. N2G DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE
CONTENT OR ITS ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR
OTHERWISE.
The use of the Site and the Content is at your own risk. When
using the Site, information will be transmitted over a medium which is beyond
the control and jurisdiction of N2G. Accordingly, N2G assumes no liability for
or relating to the delay, failure, interruption, or corruption of any data or
other information transmitted in connection with use of the Site.
In no event shall N2G be liable for any damages (including, without limitation,
incidental and consequential damages, personal injury/wrongful death, lost
profits, or damages resulting from lost data or business interruption)
resulting from the use of or inability to use the Site or the Content, whether
based on warranty, contract, tort, or any other legal theory, and whether or
not N2G is advised of the possibility of such damages. In the event that N2G is
adjudicated liable to you for any form of damages, N2G’s liability shall be
limited to US $100. You agree that N2G shall not be liable for any personal
injury, including death, caused by your use or misuse of the Content or the
Site. Some states may not allow the limitation or exclusion of incidental or
consequential damages; so the above limitation or exclusion may not apply to
you. Any claims arising in connection with your use of the Content or the Site
must be brought within six months of the date of the event giving rise to such
action occurred. Remedies are exclusive and limited to those expressly provided
for herein.
USER COMMUNICATIONS
You agree that you will not transmit any communications or content of any type
that infringe or violate any rights of any party. By submitting communications or
content to any part of this Site, you agree that all such submission and
communications are non-confidential for all purposes, and further that to the
best of your knowledge such submission and communications comply fully with all
requirements set forth in the relevant portions of the Site or elsewhere as
indicated on the Site or in other N2G materials. If you make
any such submission, you hereby grant to N2G, or warrant that the owner of such
content has expressly granted to N2G all right, title, and interest in and to
such submission, including without limitation all rights of copyright therein,
including the rights to use, reproduce, create derivative works from, modify,
publish, edit, translate, distribute, perform, and display the communication or
content in any media or medium, or any form, format, or forum now known or
hereafter developed. N2G may freely assign or sublicense these rights.
The Site and Site services only may be used for lawful purposes and in a lawful
manner. You agree to comply with all applicable laws, statutes and regulations
regarding use of the Site and its services. You may not register under a false
name or give any false or misleading information. You may not impersonate or
use the password or subscriber ID of another person. Such fraudulent conduct is
a violation of federal and state laws. Fraudulent conduct may be reported to
law enforcement, and N2G will cooperate to ensure that violators are prosecuted
to the fullest extent of the law. In addition, you agree that the following
actions shall constitute a material breach of these Terms and Conditions:
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Using the Site for any purpose in violation of local, state, national, or
international laws;
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Attempting to use the Site to disseminate material that infringes on the
intellectual property rights of others or on the privacy or publicity rights of
others;
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Attempting to use the Site to disseminate material that is unlawful, obscene,
defamatory, threatening, harassing, abusive, slanderous, hateful, or
embarrassing to any other person or entity as determined by N2G in its sole
discretion;
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Attempting to use the Site to disseminate advertisements;
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Attempting to use the Site to disseminate viruses, trojan horses, timebombs,
worms, cancelbots, or other harmful computer code;
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Harvesting or otherwise collecting information about others, including email
addresses, without their consent;
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Engaging in any other which, in the judgment of N2G, exposes N2G or any third
party to any liability or detriment of any type.
N2G reserves the right to deny access to the Site for any violation of these
Terms and Conditions.
COPYRIGHT INFRINGEMENT CLAIMS
N2G’s designated agent for notice of claims of copyright infringement on the
Site can be reached as follows:
The Net2 Group Inc..
Attn.
Net2Watches
, Copyright Claims
P.O. Box 2480
New York, NY 10185
USA
E-Mail:
CopyrightClaims@Net2Watches.com
If you believe that your copyrighted work has is being infringed by any Content
on the Site, please provide our designated agent for copyright notifications
with the following information in writing: 1. a specific description of the
copyrighted work that you believe is being infringed; 2. the location on the
Site of the allegedly infringing material; 3. your full name and contact
information, including postal and e-mail addresses, and telephone and fax
numbers; and 4. a sworn, signed statement by you that you have a good-faith
belief that the material at issue is not unauthorized and infringing, and that
you are authorized to act on behalf of the copyright owner or licensee.
LINKS TO OTHER SITES.
N2G does not endorse, takes no responsibility for, and expressly disclaims any
warranties of any kind as to content on any third-party websites, including
linked third-party sites and sites framed within the Site. Your use of
third-party websites is at your own risk and subject to the terms and
conditions of use for such sites. N2G does not endorse any product advertised
on the Site.
INDEMNIFICATION
You hereby agree to fully indemnify, defend and hold harmless N2G and all of its
officers, directors, owners, employees, agents, information providers,
affiliates, licensors and licensees (collectively, the “Indemnified Parties”)
from and against any and all liability and costs, including, without
limitation, reasonable attorneys' fees, incurred by any of the Indemnified
Parties in connection with any claim arising out of any breach by you of this
Agreement. N2G reserves the right, at its own expense, to assume the exclusive
defense and control of any matter subject to indemnification by you, including
agreeing to any settlement of the claim.
SECURITY
N2G may require users posting Content to utilize a password and/or a subscriber
ID. You also may be required to give N2G certain registration information, all
of which must be accurate and updated. In such situations, you may not (i)
select or use a password or subscriber ID of another person with the intent to
impersonate that person; or (ii) use a password or subscriber ID in which
another person has rights without such person's authorization. Because security
is such an important issue, any failure to comply with the foregoing shall
constitute a breach of this Agreement, which may result in immediate
termination of your account; and you shall be responsible for maintaining the
confidentiality of your password. You agree to promptly notify N2G of any known
or suspected unauthorized use(s) of your account, or any known or suspected
breach of security, including loss, theft, or unauthorized disclosure of your
password, or subscriber ID. You are responsible for all usage of the Site under
your password or subscriber ID, including use of the account by any third party
authorized by you to use your subscriber ID or password. Any fraudulent,
abusive, or otherwise illegal activity, or any violation of these Terms and
Conditions may be grounds for termination of your account, at N2G’s sole
discretion, and N2G may refer you to appropriate law enforcement agencies.
NONTRANSFERABLE RIGHTS
Your rights to use the Site, your password and your subscriber ID are not
transferable. Any password, subscriber ID or right given to you for use of Site
Content or any service provided on the Site cannot be transferred to any person
or entity. Any attempted transfer by you shall be null and void, and may be
grounds for the termination of all of your rights to access and use the Site.
Notwithstanding the foregoing, authorized corporate users can use the same
password and subscriber ID number for each authorized user employed by the
organization, provided that N2G is notified of the name(s) of each authorized
user.
INVESTIGATION AND DISCLOSURE OF INFORMATION
N2G has the right, but is not obligated, to monitor any activity and content
associated with this Site. N2G may investigate any reported violation of our
policies or complaints and take any action that N2G deems appropriate. Such
action may include, but is not limited to, issuing warnings, suspension or
termination of service, denying access and/or removal of any Site Content. N2G
reserves the right and have absolute discretion, to remove, screen or edit any
Site Content that violates these provisions or is otherwise objectionable. N2G
also reserves the right to report any activity that N2G suspects violates any
law or regulation to appropriate law enforcement officials, regulators, or
other third parties. In order to cooperate with governmental requests, and to
protect N2G systems, business and users, N2G may access and disclose for such
purposes any information it considers necessary or appropriate, including,
without limitation, user contact details, IP addressing and traffic
information, usage history and posted content.
GENERAL
N2G makes no claims that the Content is appropriate or may be downloaded in any
particular jurisdiction. Access to the Content may not be legal by certain
persons or in certain countries. If you access the Site, you do so at your own
risk and are responsible for compliance with the laws of your jurisdiction. All
provisions of this Agreement which by their nature are intended to survive the
termination of this Agreement (including without limitation the provisions
captioned Disclaimer and Limitation of Liability, User Communications,
Indemnity, and Jurisdiction) shall survive such termination.
JURISDICTION
You expressly agree that exclusive jurisdiction for any dispute with N2G, or in
any way relating to your use of the Site, resides in the state and federal
courts located in the State of New York and you further agree and expressly
consent to the exercise of personal jurisdiction state and federal courts
located in the State of New York in connection with any such dispute including
any claim involving N2G or its affiliates, subsidiaries, employees,
contractors, officers, directors, telecommunication providers, and content
providers.
These Terms and Conditions are governed by the internal substantive laws of the
State of New York, without respect to its conflict of laws principles. If any
provision of these Terms and Conditions is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No waiver of any of these Terms
and Conditions shall be deemed a further or continuing waiver of such term or
condition or any other term or condition.
PROVISIONS
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All users should do their best to communicate clearly with one another while
maintaining common courtesy and decorum.
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The request board is moderated and may not be used for advertising of any kind.
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Java and HTML scripts may not be used on the site.
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Remember that prices and payment terms for all merchandise listed for sale are
determined by each exhibitor in its sole discretion.
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Site membership may be terminated by
Net2Watches
at any time in its sole discretion.
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Each message may be posted only once each week, and users are limited to 12
different messages per day.
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Under no circumstances may any Content be reproduced or used for any commercial
purpose on any other web site or in any other medium.
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Net2Watches
does not execute transactions. All transactions and related communications –
including without limitation payment, shipping, insurance, and delivery
confirmation are transacted directly between buyers and sellers.
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Net2Watches
cannot guarantee under any circumstance the authenticity, accuracy, or
completeness of any buyer or seller information regarding any of the items
listed on the site.
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All prices on the site are in US dollars.
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Net2Watches
website is meant for pre-owned, antique, collectible, and liquidated
inventory of wristwatches, pocket watches, clocks and accessories.
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Although
Net2Watches
Network cannot guarantee authenticity of any merchandise, we caution exhibitors
not to upload, sell, or trade any counterfeit or “knockoff” merchandise of any
kind on the site, and will take reasonable measures if informed in writing of
any listings for such merchandise and provided with reasonable supporting
documentation.
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“As new” condition means pre-owned watches in mint condition.
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Net2Watches
is not affiliated with and is not endorsed by any watch manufacturer.
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All copyright, trademarks and trade names, are the property of their respective
owners.
PRIVACY
Except as set forth herein, N2G collects on the Site only the personal
information that you voluntarily provide. N2G uses such information only as
provided herein.
Personal Information and Security
“Personal Information” means any information relating to your use of the Site
that specifically and personally identifies you. N2G may collect, generate,
retain and use your Personal Information in connection with the facilitation,
recording and processing of any requests, communications, or interactions you
may have via our Site.
Use of Cookies and IP Addresses
"Cookies" are small files commonly generated and stored by many web sites on
the computer hard drives of their visitors. IP addresses provide information
about the computer you use to access the Site and may be saved in our web
server’s Site log to help diagnose server problems and to understand Site user
activity. N2G may use cookies and IP addresses to track your visits to the
Site, but this information does not identify you personally, and you remain
anonymous unless you have otherwise provided Personal Information to N2G.
Automated E-Mail
You may request to join our mailing list and receive occasional e-mails
regarding new Site content or event information. To unsubscribe from this
e-mail service, send an e-mail to:
Net2Watches@Net2Watches.com
with the word "remove" in the subject box. N2G will make reasonable
efforts to delete your personal information from our database, but this may not
be possible because of backups and records of deletions.
Children's Privacy
You should be aware that the Site is not intended or designed to attract
children under the age of 13. N2G does not collect personally identifiable
information from any person that N2G actually knows is a child under the age of
13.
Policy Changes
N2G reserves the right to make changes to the Site and to these Terms and
Conditions and Privacy Policy at any time by posting changes on the Site as
appropriate.
Questions
If you have any questions regarding our Terms and Conditions and Privacy
Policy, please e-mail N2G at:
Net2Watches@Net2Watches.com