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:

  1. Using the Site for any purpose in violation of local, state, national, or international laws;
  2. 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;
  3. 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;
  4. Attempting to use the Site to disseminate advertisements;
  5. Attempting to use the Site to disseminate viruses, trojan horses, timebombs, worms, cancelbots, or other harmful computer code;
  6. Harvesting or otherwise collecting information about others, including email addresses, without their consent;
  7. 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

  1. All users should do their best to communicate clearly with one another while maintaining common courtesy and decorum.
  2. The request board is moderated and may not be used for advertising of any kind.
  3. Java and HTML scripts may not be used on the site.
  4. Remember that prices and payment terms for all merchandise listed for sale are determined by each exhibitor in its sole discretion.
  5. Site membership may be terminated by Net2Watches at any time in its sole discretion.
  6. Each message may be posted only once each week, and users are limited to 12 different messages per day.
  7. Under no circumstances may any Content be reproduced or used for any commercial purpose on any other web site or in any other medium.
  8. 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.
  9. 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.
  10. All prices on the site are in US dollars.
  11. Net2Watches website is meant for pre-owned, antique, collectible, and liquidated inventory of wristwatches, pocket watches, clocks and accessories.
  12. 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.
  13. “As new” condition means pre-owned watches in mint condition.
  14. Net2Watches is not affiliated with and is not endorsed by any watch manufacturer.
  15. 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

Copyright 2003-2008 The Net2 Group Inc. All rights reserved.