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| | User Agreement | USER AGREEMENT
WatchParadise.com
Welcome to Big Wave\'s User Agreement. This Agreement describes the terms and _conditions applicable to your use of our services at http://www.watchparadise.com . If you have any questions, please contact us at support@watchparadise.com.
As used in this section, \"Big Wave\" refers to Big Wave Net Ventures, LLC of Dallas, Texas, owner and operator of the watchparadise.com web site.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH BIG WAVE OFFERS YOU ACCESS TO OUR SERVICES:
This User Agreement (\"Agreement\") is between you and Big Wave Net Ventures, LLC doing business as WatchParadise.com, with a principal place of business at 12900 Preston Road, Suite 1001, Dallas, Texas 75230. This Agreement shall apply to the Big Wave Net Ventures, LLC Web site WatchParadise.com (hereinafter referred to as the \"WatchParadise.com Web site,\" the \"Web site,\" or the \"Site.\") Your rights and obligations under this Agreement and in using this Site are not assignable. Your use and access of the WatchParadise.com Web site constitutes your acceptance, without modification, of the terms, _conditions and notices contained herein. In addition, when using particular WatchParadise.com Web site services, you will be subject to any posted guidelines, rules, and policies applicable to such services that may be posted from time to time. All such guidelines, rules, and policies are hereby incorporated by reference into this Agreement.
By using the WatchParadise.com Web site, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU ACCEPT THE TERMS THEREOF. Please read the following terms carefully. If you do not agree to the terms and _conditions of this Agreement, you may not access, view, obtain goods or services from, or otherwise use the WatchParadise.com Web site.
GENERAL RULES
1. Membership Eligibility.
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended Watchparadise.com members. If you do not qualify, please do not use our services. Further, your WatchParadise account may not be transferred or sold to another party.
2. Watchparadise.com is Only a Venue.
Our site acts as a venue to allow anyone to offer, sell, and buy watches, timepieces and related items in a fixed price format. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.
2.1 Safe Trading.
Because user authentication on the Internet is difficult, Big Wave cannot and does not confirm each user\'s purported identity. We also 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.
2.2 Release.
Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release Big Wave Net Ventures, LLC (and our officers, directors, agents, subsidiaries and employees) 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. 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.\"
2.3 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 our 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.
3. Buying.
You are obligated to complete the transaction with the seller if you purchase an item. By agreeing to purchase an item you agree to be bound by the _conditions of sale included in the item\'s description so long as those _conditions of sale are not in violation of this Agreement or unlawful. Purchases are not retractable except in exceptional circumstances such as when the seller materially changes the item\'s description after you purchase, a clear typographical error is made, or you cannot authenticate the seller\'s identity.
4. Listing and Selling.
4.1 Listing Description.
You must be legally able to sell the item(s) you list for sale on our Site. You must describe your item and all terms of sale on the listing page of our Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category.
4.2 Fraud.
Without limiting any other remedies, Big Wave 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 our site.
4.3 Manipulation.
Neither you, buyers nor sellers may manipulate the price of any item nor may you interfere with other user\'s listings.
5. Your Information.
5.1 Definition.
\"Your Information\" is defined as any information you provide to us or other users in the registration, buying or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
5.2 Restrictions.
Your Information (or any items listed): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party\'s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, ant discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are concurrently listed for sale on a web site other than Big Wave\'s (this does not prevent linking to or advertising an Big Wave item from another web site); or (cc) you do not have a right to link to or include.
5.3 License.
Solely to enable Big Wave to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (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. Big Wave will only use Your Information in accordance with our Privacy Policy.
6. Access and Interference.
Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Big Wave site or any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Big Wave by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of Big Wave or the appropriate third party.
7. Breach.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.
8. No Warranty.
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES \"AS IS\" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE 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.
9. Liability Limit.
IN NO EVENT SHALL WE 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 SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10. Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, managers, agents, and employees, 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.
11. 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.
12. No Agency.
You and Big Wave are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
13. Notices.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Big Wave Net Ventures, LLC, 12900 Preston Road, Suite 1001, Dallas, Texas 75230 or to the email address you provide to Big Wave during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Big Wave during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
14. Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Big Wave to or recover damages for, or obtain an injunction relating to, the Big Wave site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Dallas, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Big Wave may seek any interim or preliminary relief from a court of competent jurisdiction in Dallas, Texas necessary to protect the rights or property of you or Big Wave pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorneys fees and costs up to $1000.00.
15. Additional Terms.
The following documents are incorporated by reference:
15.1 Our Privacy Policy is available at http://www.watchparadise.com/PrivacePolicy/ .We may change our Privacy Policy from time to time and our changes are effective after we provide you with at least thirty (30) days\' notice of the changes by posting the changes on the announcements board and sending email to users who select such notification.
15.2 Our Community Guidelines are available at http://www.watchparadise.com/CommunityGuidelines/. We may change the Community Guidelines from time to time and our changes are effective after we provide you with notice of the changes by posting the changes on the announcements board.
16. General.
This Agreement shall be governed in all respects by the laws of the State of Texas as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our 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 Big Wave, in our sole discretion, to a third party in the event of a merger or acquisition. 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 2.2 (Release), 5.3 (License), 6 (Access and Interference), 9 (Liability Limit), 10 (Indemnity) and 14 (Arbitration) shall survive any termination or expiration of this Agreement.
20. Disclosures.
The services hereunder are offered by Big Wave Net Ventures LLC, located at 12900 Preston Road, Suite 1001, Dallas, Texas 75230.
Disputes between you and Big Wave regarding our services may be reported to Customer Support by emailing us at support@watchparadise.com . We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
Additionally, you may report complaints to us in writing at Big Wave Net Ventures LLC, located at 12900 Preston Road, Suite 1001, Dallas, Texas 75230 or by telephone at 1-888-686-7363.
THE USER ACKNOWLEDGES, CONFIRMS ANE ACCEPTS THE FOLLOWING TERMS, OBLIGATIONS AND DUTIES WITHOUT CONDITION OR RESERVATION:
1. You acknowledge that you are 13 years of age or older, and if under the age of 18, are using this Web site under the supervision of a parent, legal guardian, or other responsible adult. Children under the age of 13 are not allowed to visit or otherwise use our Site.
2. You agree to the terms and _conditions of the Big Wave Net Ventures, LLC Privacy Policy, incorporated herein by reference, that details the ways in which we and other parties might use personal information that belongs to you or content material that you post to the WatchParadise.com Web site. In accordance with this Policy, we may use information and materials received from you or collected through your use of our Site, and may disclose such information to third parties.
3. You are responsible for regularly reviewing this User Agreement. Big Wave Net Ventures, LLC reserves the right, at its sole discretion, to change, modify, add, remove or terminate any portion of this Agreement, in whole or in part, at any time, without prior notice.
4. You acknowledge that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Big Wave Net Ventures, LLC or its affiliates for all claims resulting from content you supply.
5. You shall not upload, email, post or transmit to, or distribute or otherwise publish through the WatchParadise.com Web site any material which: (i) disrupts the normal flow of dialogue and/or exchange on the Site, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using and enjoying the WatchParadises.com Web site; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, harassing, hateful, embarrassing, pornographic, profane, sexually explicit, or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, potentially give rise to civil liability (including claims of defamation and/or libel), or otherwise violate the local, state, or national laws of any country; (iv) violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, trade secrets, or any other proprietary right; (v) contains a virus, worm, Trojan horse, or other harmful component; (vi) contains any information, software, or other material of a commercial nature; (vii) contains solicitations or advertisements of any kind; (viii) constitutes or contains false or misleading indication of origin or statement of fact; or (ix) contains chain letters or pyramid schemes.
7. You will not create or participate in Discussion Rooms determined by Big Wave Net Ventures, LLC to have been created for the purpose of exchanging or swapping images, music, or other protected intellectual property that is owned by others.
8. We reserve the right to release information to the proper authorities, as a result of a violation of our standards or unlawful acts, if the information is subpoenaed and/or if we deem it necessary and/or appropriate. Big Wave Net Ventures, LLC has the right, but not the obligation, to refuse service, terminate accounts, or remove or edit content, in its sole discretion.
9. By posting messages, creating or modifying a home page, discussing, chatting, uploading files, posting photographs, posting text content, inputting data, transmitting e-mail, or engaging in any other form of communication (individually or collectively \"Communications\") to or through the WatchParadises.com Web site, you hereby grant to Big Wave Net Ventures, LLC and its successors-in-interest a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications throughout the world, in all media now known or hereafter developed. You expressly grant to Big Wave Net Ventures, LLC and its successors-in-interest the unrestricted right to archive and use at any time and for any purpose any photographs, digital images and/or text content that you post to the Site. You hereby waive all rights to any claim against Big Wave Net Ventures, LLC for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
10. You will be responsible for your own Communications and the consequences of posting or otherwise transmitting those Communications. Big Wave Net Ventures, LLC does not represent or guarantee the truthfulness, accuracy, or reliability of any material posted or otherwise transmitted by WatchParadises.com Web site users and does not endorse any opinions expressed by such users. Big Wave Net Ventures, LLC does not screen, monitor or approve Communications from our Web site users in advance. If we receive notification about a user regarding Communications that allegedly do not conform to this Agreement, Big Wave Net Ventures, LLC has the right, but not the obligation, to investigate the allegations and determine in good faith and at its sole discretion whether to remove or request the removal of the Communication. We have no liability or responsibility to users for performance or nonperformance of such activities. Big Wave Net Ventures, LLC reserves the right to expel users and prevent their further access to the WatchParadises.com Web site for violating this Agreement or violating the law. We have the right, but not the obligation, to remove Communications that are abusive, illegal, disrespectful, disruptive, or otherwise problematic.
11. Big Wave Net Ventures, LLC may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your use of and access to the Site, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. Your sole remedy against Big Wave Net Ventures, LLC in the event of a dispute arising out of this Agreement, the Site or your use thereof, is to terminate this Agreement by ceasing your use of the Site. In the event of termination of this Agreement, Big Wave Net Ventures, LLC may delete and/or store, in its discretion, Communications and data associated with your use of the Site. Big Wave Net Ventures, LLC may also change, suspend, or discontinue any aspect of the WatchParadises.com Web site at any time, including the availability of any Web site feature, database, or content.
12. The WatchParadises.com Web site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any liability arising from its accuracy and any duty or obligation to update this information or any other content.
13. Big Wave Net Ventures, LLC makes no warranty, express or implied, with respect to the content, information, or services provided through, or in conjunction with, the WatchParadises.com Web site. We make no guarantee of the accuracy, correctness or completeness of any information on the Site, and shall not be responsible for: (i) any errors of omission arising from the use of such information; (ii) any failures, delays or interruptions in the delivery of any content or service contained within the WatchParadises.com Web site; and (iii) any defamatory, libelous or unlawful material contained within the Site, including user Web pages, resumes, emails, profiles, opinions, advice, statements, memorandums or Discussion Room postings, or materials related to a users\' use of the Site\'s discussion features. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. You acknowledge that neither Big Wave Net Ventures, LLC nor its Web site members, while such members are participating in the Site, are engaged in rendering legal, medical, counseling, or other professional services or advice. We encourage you to seek appropriate professional advice for any situation or problem that you may have. Big Wave Net Ventures, LLC has the right, but not the obligation, to correct any errors or omissions in any portion of the WatchParadises.com Web site.
14. Big Wave Net Ventures, LLC is not involved in any transaction between any parties who use our Site. There are risks that you assume when dealing with people who might be acting under false pretenses; all of these risks are borne by you. The WatchParadises.com Web site is a venue only and we do not screen, censor, or otherwise control the postings, Classifieds or other listings (\"Classifieds\"), its users or their behavior. We cannot control whether or not users of our Classifieds will complete the transactions they describe on our Site. It is extremely important that you use care throughout your dealings with other people on this Site.
15. Big Wave Net Ventures, LLC prohibits misleading offers that do not list the total purchase price or a \"bait & switch\" of products; advertisements listed in the incorrect category; duplicate listings that contain more than 60% of the same characters, regardless of category; and criminal offers including but not limited to registering another email address other than your own. Big Wave Net Ventures, LLC prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, user account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages, from any party, related to such exposure.
16. Big Wave Net Ventures, LLC prohibits the listing or sale of the following goods for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation including the following:
- Food (other than packaged food meeting all applicable federal state and local standards for sale to consumers by commercial merchants)
- Alcoholic beverages (except if you are reselling an alcoholic beverage that was initially purchased from a retailer and it still in its original container and it is legal to deliver to the buyer and into the jurisdiction where the buyer is)
- Firearms (as defined from time to time by the Bureau of Alcohol, Tobacco and Firearms)
- Cigarettes or any other tobacco product for human consumption
- Pharmaceuticals or any other controlled substance
- Dangerous, counterfeit or stolen goods
- Goods which do not actually exist
- Any good that infringes or violates anyone\'s rights
- Any item, which in Big Wave Net Ventures, LLC\'s sole discretion, is inflammatory, offensive or otherwise inconsistent with our standards of business ethics.
- Any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive.
17. Big Wave Net Ventures, LLC\'s Classifieds strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the Classifieds service. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited. Our Classifieds also prohibit the use of another Internet service to send or post SPAM to drive visitors to your site hosted on or through Big Wave Net Ventures, LLC\'s Classifieds systems, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party.
18. You understand and agree that you are responsible for all applicable taxes and for all costs that are incurred in using the Classifieds. We may also, in our sole discretion, add or delete fees associated with the service. You agree not to resell or assign your rights or obligations under this Agreement. You also agree not to make any unauthorized commercial use of the Classifieds or to make use of any person\'s information other than as necessary to complete any Classifieds transactions in which you are involved. There is no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between Big Wave Net Ventures, LLC Classifieds and any user of the service.
19. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited. Inquiries regarding a commercial relationship with Big Wave Net Ventures, LLC should be directed to: *****[insert email address]*****
20. YOU AGREE THAT YOUR USE OF THE WATCHPARADISE.COM WEB SITE IS AT YOUR OWN RISK. THE WATCHPARADISE.COM WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND/OR INFORMATION MADE AVAILABE OR DISCUSSED ON OR ACCESSED THROUGH THE WATCHPARADISE.COM WEB SITE, IS PROVIDED \"AS IS,\" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL BIG WAVE NET VENTURES, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WATCHPARADISES.COM WEB SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR WITH HYPERTEXT OR GRAPHIC LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WATCHPARADISE.COM WEB SITE OR ANY LINKED SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WATCHPARADISES.COM WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BIG WAVE NET VENTURES, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM BIG WAVE NET VENTURES, LLC NEGLIGENCE OR GROSS NEGLIGENCE. FURTHER, BIG WAVE NET VENTURES, LLC DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WATCHPARADISES.COM WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED OR AVAILABLE THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WATCHPARADISES.COM WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, BIG WAVE NET VENTURES, LLC\'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THIS SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THIS SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.
21. The links found on the WatchParadises.com Web site will let you leave our Web site and go to sites operated by parties other than Big Wave Net Ventures, LLC. The linked sites are not under the control of Big Wave Net Ventures, LLC and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Such links by the WatchParadises.com Web site to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by Big Wave Net Ventures, LLC, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between Big Wave Net Ventures, LLC, or any of its affiliates, and any linked third party or their content. Big Wave Net Ventures, LLC does not assume any responsibility or liability for the actions, product, content and/or information of these and other third parties and/or their web sites. You should carefully review their privacy statements and other _conditions of use.
22. By offering a number of third party products and services advertisements on our Site, Big Wave Net Ventures, LLC makes no warranties or representations of any kind as to the content or suitability of the subject matter of any web site, product or service from any such third party business or individual. Big Wave Net Ventures, LLC expressly disclaims liability for direct, consequential, or incidental damages arising from the products, services, advertisements, actions, or web site content of these and any other third parties, and you waive any claims against Big Wave Net Ventures, LLC for damages arising from such transactions or your reliance upon statements contained therein. You will not consider Big Wave Net Ventures, LLC nor will Big Wave Net Ventures, LLC be construed as, a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with the transaction. Merchants, advertising account holders and others who use the WatchParadises.com Web site to market products or services are responsible for all aspects of order processing, fulfillment, billing, and customer service. The advertising account holder who sells an item or service on a WatchParadise.com classified advertising page has the sole responsibility for handling returns of merchandise and service, and responding to requests for refund, repair or replacement for its customers who may initiate an inquiry, request or complaint. The advertising account holder will use its best efforts to resolve customer inquiries and complaints in a manner that is acceptable to the customers and the account holder. Notwithstanding anything to the contrary contained herein, Big Wave Net Ventures, LLC accepts no responsibility for and shall bear no liability with respect to any transaction between the advertising account holder and its customers. The advertising account holder and his customers shall not involve Big Wave Net Ventures, LLC in any transaction or dispute as an arbitrator, mediator, referee, expediter or otherwise.
23. You agree that your transactions and dealings with such merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, AND/OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS BIG WAVE NET VENTURES, LLC LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS FOUND ON THE WATCHPARADISES.COM WEB SITE OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED FROM OR TO OUR SITE.
24. The WatchParadises.com Web site makes discussion rooms, forums, message boards, email, user-generated homepages, classifieds, and/or news groups available to its users provided that they abide by the online behavior detailed in this Agreement. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information. We have the right, but not the obligation, to deny the posting of material and to edit, remove, and use any material on our Site. You shall not impersonate someone else, including one of our trained discussion moderators, nor use deceptive nicknames that would lead people to believe you are a person or entity that you are not. You will not stalk others in our discussion rooms or in another manner. Such behavior is a serious offense and may be considered a criminal act.
25. This Agreement shall be governed and constructed in accordance with the laws of the State of Texas without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate county, state or federal court located in Dallas, Texas.
26. Any cause of action you may have with respect to your use of the WatchParadises.com Web site must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
27. You shall defend or settle at your sole expense any claim or suit, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, (collectively, an \"Action\") against Big Wave Net Ventures, LLC and/or each of its affiliates, directors, officers, agents, employees or sublicensees, (collectively, the \"Indemnitee\") to the fullest extent permitted by law arising out of or in connection with (1) an assertion that the information, content or other materials or services posted, provided or otherwise made available by you or the use thereof may infringe any copyright, personality or trademark rights of any individual or entity, or are a misappropriation of any individual or entity\'s trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under this Agreement; and (3) any content provided by you in a discussion room, message board, e-mail, or home page (created or used by you) on the WatchParadises.com Web site, or statements made by you in the Site or through other media. You shall indemnify and hold harmless the Indemnitee from and against any and all damages, costs, liabilities and attorneys\' fees incurred in defending and/or resolving such Action.
28. Notices under this Agreement shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to Big Wave Net Ventures, LLC, Attention Legal Department, 12900 Preston Road, Suite 1001, Dallas, Texas 75230.
29. This Agreement and our Privacy Policy contain the entire agreement between you and Big Wave Net Ventures, LLC with respect to use of this Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Big Wave Net Ventures, LLC with respect to this Site. Any rights not expressly granted herein are reserved.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the WatchParadises.com Web site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights as a collective work and/or compilation, pursuant to international conventions and U.S. and other copyright laws. The names Big Wave Net Ventures, LLC, Big Wave, WatchParadise.com and Watch Paradise are, inter alia, trademarks, business names and/or property of Big Wave Net Ventures, LLC that may be registered in certain jurisdictions. Other product and company names mentioned herein may be the trademarks of their respective owners. The contents, and every part thereof, of the WatchParadises.com Web site are only for your personal, non-commercial use. You do not acquire ownership rights to any content, document, or other materials viewed through our Site. Permission allowing you use the WatchParadises.com Web site does not constitute a waiver of any right in such proprietary information and materials. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on our Site. Unless otherwise prohibited from doing so, you may download and make one (1) copy of the content and other downloadable items displayed on the WatchParadises.com Web site for your personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Any copying, republication, or redistribution of WatchParadises.com Web site content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Big Wave Net Ventures, LLC and/or the respective intellectual property rights holder identified in the subject content.
Big Wave Net Ventures, LLC respects the intellectual property rights of others and expects our users to do the same. The policy of Big Wave Net Ventures, LLC is to terminate the accounts of repeat copyright offenders and other users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Big Wave Net Ventures, LLC\'s Copyright Counsel with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party; (5)a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and, (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Big Wave Net Ventures, LLC\'s Copyright
Agent for notice of claims of copyright infringement on this Site is:
Corporate Counsel
Big Wave Net Ventures, LLC
12900 Preston Road, Suite 1001
Dallas, Texas 75230
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