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Showtrex.com: terms of use Membership Agreement SHOWTREX.com
Welcome to this Membership agreement of SHOWTREX.com.
This agreement describes the terms and conditions applicable to the use of our available services.
To become a member of SHOWTREX.com, we advise you to read, agree and approve all terms and conditions mentioned in the membership agreement and privacy policy.
If you have any questions about this agreement you can contact us via e-mail at info@showtrex.com
When you do not agree to the terms and conditions that are mentions in this agreement, do not use the services that we provide on our website. By becoming a member, you agree that you will accept the membership agreement and privacy policy as well as every add that is placed on SHOWTREX.com.
The Try-out account at SHOWTREX.COM is free and provides for a limited placement of items. We may charge fees for listing items, banners or others things that you offer through our site via special memberships. Our TREX memberships are available in different forms and are also incorporated into this Agreement. You are responsible for paying all fees associated with the use of our service, the site and all applicable taxes. TREX Memberships costs will be billed for the duration of one year and have to be paid within 14 days after receiving the invoice. Unless otherwise stated, all fees are quoted in euros. SHOWTREX.com will have the right to delete, put on hold or otherwise block your account when payments have not been made. When you want to cancel your membership account, please tell us so by sending an e-mail to: membership@showtrex.com 1month before the end date of your contract, otherwise payments have to be made for the following year.
When you are involved in Promoter activities, payments will be made via a specified contract after one year, which is signed by both parties, by showing your Promoter client accounts. However this user agreement and our privacy policy will come into effect within this contract's terms and conditions.
Your SHOWTREX.COM membership (including feedback) and User account may not be transferred or sold to other parties. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our promotional events services (for example, free listing days.) Such changes are effective when we post the temporary promotional event on the Site.. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service.
Some people commonly referred us as an online trading web site, it is important to realize that we are not a traditional "shop." Instead, the site acts as a platform to allow anyone to offer, sell, promote and buy just about anything, at anytime, from anywhere, in a variety of pricing formats, including 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, truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the Dutch Law. Legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.
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 service. Please note that there are also risks of dealing with underage persons or people acting under false pretence. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this site, you agree to accept such risks and SHOWTREX.COM is not responsible for the acts or omissions of users on the Site.
You must be legally able to sell the item(s) you list for sale on the site. You must describe your item and all terms of sale on the listing page of the 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. All items in multiple item listings must be identical.
Without limiting any other remedies, SHOWTREX.COM may suspend or terminate your account if we suspect that you (by conviction, settlement, or otherwise) have engaged in fraudulent activity in connection with SHOWTREX.com. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18,) or to, temporarily or indefinitely, suspended SHOWTREX.com members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use SHOWTREX.com
We use many techniques to verify the accuracy of the information our users provide us when they register on the site. However, because user verification on the Internet is difficult, SHOWTREX.COM cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on the site.
Because we are a platform, in the event that you have a dispute with one or more users, you release SHOWTREX.COM (and our officers, directors, agents, subsidiaries, joint ventures 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.
Your information is defined as any information you provide to us or other users in the registration, membership listing process, in any public message area (including the Café or the feedback area) or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your information.
Your Information (or any items listed) and your activities on the site shall not; be false, inaccurate or misleading; be fraudulent or involve the sale of counterfeit or stolen items; infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti discrimination or false advertising); be defamatory, trade libellous, unlawfully threatening or unlawfully harassing; be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; contain any viruses, Trojan horses, worms, time bombs, cancel bots, eastern eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and link directly or indirectly to or include descriptions of goods or services that is not announced to SHOWTREX.COM (this does not prevent linking to or advertising at SHOWTREX.COM item from another web site); or you do not have a right to link to or include. Furthermore, you may not list any item on the site (or consummate any transaction that was initiated using our service) that, by paying to us the membership cost, could cause us to violate any applicable law, statute, ordinance or regulation. Solely to enable SHOWTREX.COM 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. SHOWTREX.COM will only use Your Information in accordance with our Privacy Policy.
The site contains robot exclusion headers. Much of the information on the site is updated on a real time basis and is proprietary or is licensed to SHOWTREX.COM by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the site for any purpose without our express written permission. Additionally, you agree that you will not: take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the site without the prior expressed written permission of SHOWTREX.COM and the appropriate third party, as applicable; interfere or attempt to interfere with the proper working of the Site or any activities conducted on the site; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the site.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the Netherlands that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles.
We, our subsidiaries, officers, directors, employees and our suppliers provide our web site add services -as is- and without any warranty or condition, express, implied or statutory. Some countries 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. You and SHOWTREX.COM are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, 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.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items
You are not allowed to take any actions that may undermine the integrity of the feedback system. We are not allowed to limit the number of items and listings you place on the site based upon the level of your feedback. (If you earn a net feedback rating of -4 (minus four), your membership may be suspended, and you may be unable to list or buy.)
You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by SHOWTREX.COM, and that the composite number without the comments does not convey your full user profile. Because SHOWTREX.com membership is not designed for any purpose other than for facilitating promotional activities, we do not provide you the technical ability to import feedback from other non SHOWTREX.com operated websites to our platform because a composite number, without the corresponding feedback does not reflect your true online reputation within our community. Without limiting other remedies, we may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: you breach this Agreement or the documents it incorporates by reference; we are unable to verify or authenticate any information you provide to us; or we believe that your actions may cause financial loss or legal liability for you, our users or us.
This Agreement shall be governed in all respects by the Dutch laws as such laws are applied to agreements entered into and to be performed entirely within the Netherlands between others countries. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our website 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 SHOWTREX.com in accordance with this agreement, in our sole discretion; Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act in respect to a breach by you or others does not waive our right to act in respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the user and SHOWTREX.com in respect to the subject matter hereof. Fees and Services in respect to fees owed for our services, Release, License, Access and Interference, Liability Limit, Indemnity and Resolution of Disputes shall survive any termination or expiration of this Agreement.
In the event a dispute arises between you and SHOWTREX.COM, our goal is to provide you with neutral and cost effective means of resolving the dispute quickly. Accordingly, you and SHOWTREX.COM agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in the Netherlands and in your case your home address or principal place of business). You and SHOWTREX agree to submit to the personal jurisdiction of the courts located within the Netherlands.
Alternatively, SHOWTREX.COM will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in the Netherlands or another location mutually agreed upon by the parties.
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this section, the other party may recover attorneys' fees and costs up to euro 1000,- provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
The services hereunder are offered by SHOWTREX. COM you may have this same information emailed to you by sending a letter to the address with your email address and a request for this information. We may amend this Agreement at any time by posting the amended terms on the site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the site. This Agreement may not be otherwise amended except in a writing signed by you and SHOWTREX agreement is effective upon acceptance in registration for new registering users, members and visitors, and will be affected after 01-01-2005.
These terms and conditions mentioned in this membership agreement regard all activities and services that will have place on the website Showtrex.com. Showtrex.com BV is signed by the KvK Rijnland 28103869 te Alphen aan de Rijn, The Netherlands and is protected and controlled by the Dutch Law.
Except as explicitly stated otherwise, any notices shall be given by postal mail to SHOWTREX.COM
PO BOX 270 2400 AG Alphen a/d Rijn, (Netherlands). Or a href=mailto:info@showtrex.com>info@showtrex.com. Notice shall be deemed given within 3 days 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 SHOWTREX.COM during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.
We hope you will enjoy the simple and easy way to feed the world of entertainment industries with your information.
Good Luck,
from the SHOWTREX.COM team
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