TERMS OF SERVICE
These Terms of Service comprise a legal agreement between You and 19.5 Degrees
and governs Your use of E-junkie.com. PLEASE READ THIS DOCUMENT CAREFULLY
BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU
AGREE TO BE BOUND THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED
FROM TIME TO TIME. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE.
YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
E-junkie.com is made up of Web site and Web pages operated by 19.5 Degrees
and its affiliates and of various products and services which are provided
by 19.5 Degrees, its affiliates or third party service providers. These
Web sites, Web pages, products and services will be collectively referred
to in this Agreement as "EJUNKIE" or the "E-junkie.com".
"You" means You, Your company, Your employees, and anyone who
has access to use Your E-junkie.com account. You must be at least eighteen
(18) years of age to subscribe to and use any E-junkie.com service or
product.
The general provisions these Terms of Service apply to E-junkie.com and
to all of the products and services provided through E-junkie.com. Any
additional provisions that apply to the particular E-junkie.com product(s)
or service(s) described may have other posted guidelines or rules (the
"Additional Terms"). All such Additional Terms are incorporated
by reference into these Terms of Service.
E-junkie.com is offered to You on the condition that You accept these
Terms of Service and the Additional Terms without modification. You agree
to familiarize Yourself with, and to regularly review, the Terms of Service,
the Additional Terms, and other terms and guidelines found throughout
E-junkie.com and abide by them if You choose to use the sites, or accept
the products, services or benefits, to which such terms apply. 19.5 Degrees
reserves the right to change any of the Terms of Service and any Additional
Terms at anytime without notice. If You continue to use E-junkie.com after
any such changes, Your continued use will constitute Your consent to such
changes. 19.5 Degrees does not and will not assume any obligation to notify
You of any changes to the Terms of Service or Additional Terms.
Any rights not expressly granted herein are reserved by 19.5 Degrees.
In addition Your registration information and other information about
You is subject to our Privacy Statement located at http://www.e-junkie.com/ej/privacy.php
If You do not have print capability or otherwise desire to obtain a hard
copy of these Terms of Service, please contact us from our website requesting
a hard copy. You may also click on the link to "Terms of Service"
at the bottom of each page of E-junkie.com for copy of these Terms of
Service, which may be printed and saved through the printing and saving
capability of your browser and printer.
YOUR WARRANTIES
By using any service offered on E-junkie.com, You make the following representations
and warranties. 19.5 Degrees shall have the right to terminate your E-junkie.com
account, without notice at any time, if any representation warranty made
by You proves to be untrue in any respect.
You represent and warrant that:
You and all users of E-junkie.com approved by you are at least eighteen
(18) years of age;
You have the legal capacity and authority to; (a) enter into binding contracts
for the sale and purchase of goods and services, (b) be bound by these
Terms of Service and the Additional Terms, (c) to subscribe to and use
the E-junkie.com service, including, where applicable, the buying, selling
and listing of items, in accordance with these Terms of Service and any
Additional Terms and (d) if you are acting in a corporate capacity, to
bind Your company;v
You will not use E-junkie.com for any purpose that is unlawful, or prohibited
by these Terms of Service or the Additional Terms (as may be modified
from time to time); All information supplied by You or by others using
Your account is true and accurate, including information submitted as
part of the registration and subscription process;
Any products or services advertised, sold or otherwise distributed by
You on or in connection with Your Web Site are legal for sale or distribution;
that you have all licenses necessary to sell or advertise the goods or
services offered for sale or distribution and that all sales and advertisements
will be in compliance with applicable law; and
You have and control all of the intellectual property, proprietary and
similar rights necessary for all material located on Your Web Site, all
submissions, and all products and services sold or otherwise distributed
by You or on Your behalf via Your Web Site.
By using E-junkie.com, You agree that You will defend and indemnify 19.5
Degrees and its suppliers from any third party claim related to a breach
of any of the foregoing warranties.
LIMITATIONS ON YOUR USE OF E-junkie.com
E-junkie.com is provided to assist You with the operation of Your business.
Your right to use E-junkie.com is limited to You, and Your company and
its employees. You are solely responsible for Your content and Your Web
site and your E-junkie.com account. 19.5 Degrees reserves the right, but
is not obligated, to monitor or to review materials posted on Your Web
site and to monitor your compliance with these Terms of Service and the
Additional Terms. 19.5 Degrees reserves the right in its sole discretion
to edit, refuse to post or remove any information or materials which violate
these Terms of Service or the Additional Terms in whole or in part, without
notice at any time.
You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information, software, products, services or benefits obtained from E-junkie.com,
except as expressly provided herein.
You may not use a name in connection with operating Your E-junkie.com
Web site that is confusing or misleading to participants, or otherwise
impersonate or deceive participants with respect to Your identity.
You may not restrict or inhibit any other user from using and enjoying
such user's rights in E-junkie.com.
You may not interfere with or disrupt E-junkie.com or servers or any
network connected to E-junkie.com.
You may not use E-junkie.com or the products or services provided through
or in connection with E-junkie.com to:
rent, lease, license, grant a security interest in, or otherwise transfer
or sublicense Your rights hereunder to any third party;
defame, libel, slander, impersonate, abuse, harass, threaten, invade the
privacy of or otherwise violate or infringe the legal rights (including
the rights of privacy and publicity) of any other person;
conduct, promote or forward illegal contests, pyramid schemes, chain letters,
unsolicited or unauthorized advertising, promotional materials, unsolicited
e-mail ( including "spamming") or multilevel or illegal marketing
campaigns;
harm minors in any way;
publish, post, distribute, disseminate, advertise or link to any: (i)
content, site, topic, name, material or information which is defamatory,
libelous, slanderous, or infringing; (ii) software, content or other material
protected by intellectual property laws, copyright licenses, rights of
privacy or publicity, or other proprietary rights, unless You own, or
control such rights or have received all necessary consents for Your publication,
distribution, or linking of such software and other materials; (iii) software,
content or other material that contains viruses, worms, corrupted files,
cracks or that may or are intended to damage the operation of or render
inoperable another's computer, hardware, software, security measures or
system or other programs written to defeat the security measures of any
computer, system or programs; (iv) software, content, other material or
Web site that constitutes "hate speech", whether directed at
an individual or a group, and whether based upon the race, sex, creed,
national origin, religious affiliation, sexual orientation or language
of such individual or group;
sell, offer to sell, distribute, promote, facilitate, disseminate or link
to any sites for marketing, sales, promotion, facilitation or distribution
of: firearms; explosives; ammunition; liquor; tobacco products; illegal
gambling (including gambling in connection with sporting events); food
that is not packaged or does not comply with all applicable laws for sale
to consumers by commercial merchants; illicit drugs, pharmaceuticals and
controlled substances; counterfeit, pirated or stolen goods; any goods
or services that infringe or otherwise violate a third party's rights
including copyright, patent, trademark, or rights of publicity or privacy;
goods that are considered indecent; Nazi memorabilia; registered or unregistered
securities; goods or services that You cannot legally sell; goods which
are misrepresented or which do not in fact exist; fraudulent goods; goods
or activities that if sold via any E-junkie.com services or Your Web site
would cause 19.5 Degrees to violate any law, statute or regulation; or
any other illegal activity;
harvest or otherwise collect information about third parties, including
e-mail addresses, without the express consent of such third parties;
violate any applicable government laws or regulations.
You may not reproduce or redistribute any Software, as that term is defined
in the Section entitled "Software Available on E-junkie.com."
You may not copy or reproduce the Software to any other server or location
for further reproduction or redistribution. You may not decompile, disassemble,
reverse engineer or otherwise attempt to discover any trade secret contained
in E-junkie.com, or in any product, service or Software provided through
E-junkie.com.
The information provided by 19.5 Degrees to You may be proprietary in
nature. You agree not to share any information provided to You by or on
behalf of 19.5 Degrees with any third party.
FEES
Some products and services available through or in connection with E-junkie.com
require that You purchase a subscription or otherwise pay a fee. You hereby
authorize 19.5 Degrees to charge Your PayPal account in advance for all
applicable fees incurred by You or on Your behalf in connection with Your
use of the E-junkie.com product or service You have chosen to use. You
are solely responsible for all charges, fees, duties, taxes, and assessments
arising out of any use of Your E-junkie.com account by you or anyone else
using your account. 19.5 Degrees reserves the right to modify the fees
charged for E-junkie.com products and services from time to time, provided
that such new fees shall not take effect earlier than thirty (30) days
after 19.5 Degrees notifies You via email or otherwise of such modified
fees. Amounts not paid by You to 19.5 Degrees when due may bear interest
at the lesser of (a) one and one-half percent (1.5%) per month, and (b)
the maximum rate permitted by applicable law.
If You notify 19.5 Degrees in writing that You are canceling one or more
E-junkie.com services or products, no further fees will be charged to
your PayPal account. It is Your responsibility to notify E-junkie.com
if Your PayPal account has changed to make appropriate changes or Your
service may be disconnected or interrupted.
In the event that 19.5 Degrees terminates Your E-junkie.com account or
one or more of Your E-junkie.com services for violation of these Terms
of Service or the Additional Terms, You will not be entitled to the return
of any fees paid with respect to any such terminated account service.
CANCELLATION POLICY
You acknowledge that if You cancel any subscriptions to a E-junkie.com
service that You may not be entitled to a refund of all or part of amounts
already paid by You for such E-junkie.com subscription. You agree that
(a) E-junkie.com's cancellation policy will be posted on the E-junkie.com
Web site on this page and may be changed from time to time by E-junkie.com
in its sole discretion and (b) the cancellation policy posted at the time
you cancel your subscription shall govern the amount of the refund (if
any) due to you.
CHANGES TO SERVICES, TERMINATION BY E-junkie.com
19.5 Degrees may change any of the E-junkie.com services at any time and
from time to time without notice, including terminating the offering of
any E-junkie.com service altogether.
19.5 Degrees may terminate Your account, Your access to E-junkie.com
or any of Your E-junkie.com services (in whole or in part) at any time,
with or without cause, and with or without notice. You may be barred from
accessing any of Your E-junkie.com services or from using E-junkie.com
or from receiving any products, services or benefits from E-junkie.com,
if 19.5 Degrees determines You have violated these Terms of Service or
any Additional Terms, if You have failed to remit any applicable subscription
fees when due, if any representation or warranty made by You is untrue
in any respect or if 19.5 Degrees receives a court order or other legal
action relating to Your account. In addition, if You violate any of these
Terms of Service, or any applicable Additional Terms You will forfeit
all in-kind credits and any other amounts accruing to You (if any) in
connection with E-junkie.com and there will be no refund of any fees prepaid
by You. If You subscribe to a E-junkie.com service which is made up of
two or more individual services and You violate the Terms of Service applicable
to one of such individual services, (1) your use of the particular individual
service will be terminated, but the remaining services will remain active
and (2) there will be no refund (in whole or in part) of Your annual fee
for the E-junkie.com service terminated. You will be responsible for all
fees incurred during Your subscription and payment of such fees shall
be due immediately upon termination of Your subscription.
LINKS TO THIRD PARTY SITES
Links within E-junkie.com may let You leave E-junkie.com. You acknowledge
that the linked sites are not under the control of 19.5 Degrees and that
19.5 Degrees is not responsible for the contents or operation of such
linked sites or any link contained in such linked site, any changes or
updates to such sites, or Web casting or any other form of transmission
received from any linked site. 19.5 Degrees is providing these links to
You only as a convenience, and the inclusion of any link does not imply
endorsement by 19.5 Degrees of the linked site or any association with
their operators.
LICENSE YOU GRANT TO E-junkie.com
19.5 Degrees does not claim ownership of the materials You provide to
19.5 Degrees (including feedback and suggestions) or that You post, upload,
input or submit in connection with Your use of E-junkie.com or any Web
site ("Your Web Site") created by You or on Your behalf in connection
with the use of E-junkie.com (collectively "Submissions"). However,
You grant 19.5 Degrees a royalty-free license to use (including, without
limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate, sublicense and reformat
Your Submission (NOT your product, but information about your product),
and to publish Your name in connection with Your Submission) Your Submission
only in connection with the operation and promotion of E-junkie.com. You
also grant 19.5 Degrees the right to publish Your name in connection with
any such use. No compensation will be paid or due You with respect to
19.5 Degrees's or its sublicensee's use of the materials as licensed above.
19.5 Degrees is under no obligation to post or use any materials You may
provide, and may remove such materials at any time in 19.5 Degrees's sole
discretion. By posting messages, uploading files (including graphics),
inputting data, submitting any feedback or suggestions, or engaging in
any other form of communication with or through E-junkie.com, You represent
and warrant that You own or otherwise control the rights necessary to
do so and to grant 19.5 Degrees the license set forth above, and You will
defend and indemnify 19.5 Degrees and its suppliers from any third party
claim related to a breach of any of the foregoing representations or warranties.
You grant 19.5 Degrees permission to use screen shots of any Web page
that contains a link to E-junkie.com or E-junkie.com HTML code (with respect
to the E-junkie.com Banner Network) in E-junkie.com promotional materials,
and represent and warrant that You have sufficient authority to grant
the foregoing rights.
SOFTWARE AVAILABLE ON E-junkie.com
Software (if any) that is made available to download from or otherwise
use through E-junkie.com, excluding software that may be made available
by third parties via E-junkie.com, ("Software") is the copyrighted
work of 19.5 Degrees and/or its suppliers. Your use of the Software is
governed by these Terms of Service, and the applicable Additional Terms,
and the terms of the end user license agreement, if any, which accompanies
or is included with the Software ("License Agreement"). To the
extent that the License Agreement conflicts with the Terms of Service
or Additional Terms, the terms of the License Agreement shall govern Your
use of the Software. You may not install or use any Software that is accompanied
by or includes a License Agreement unless You first agree to the License
Agreement. For any Software not accompanied by a license agreement, 19.5
Degrees hereby grants to You, the user, a personal, non-exclusive, non-transferable
license to use the Software for viewing and otherwise using the particular
E-junkie.com Web Site or E-junkie.com service in accordance with the License
Agreement, the Terms of Service and Additional Terms and for no other
purpose. In addition, You shall keep intact all and may not alter any
copyright and other proprietary notices contained in such Software. All
Software is owned by 19.5 Degrees and/or its suppliers, and is protected
to the maximum extent permitted by copyright laws and international treaty
provisions. Any reproduction or redistribution of the Software is expressly
prohibited, and may result in severe civil and criminal penalties. Persons
violating the foregoing, or who otherwise misappropriate any intellectual
property or proprietary rights related to the Software may be prosecuted
to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING
OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE,
DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE
SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that
the Software, and any accompanying documentation and/or technical information,
is subject to applicable export control laws and regulations of the India.
You agree not to export or re-export the Software, directly or indirectly,
to any countries that are subject to Indian export restrictions.
LIMITATIONS OF LIABILITY AND DISCLAIMERS
The information, software, products, services and other material included
in or available through E-junkie.com may not be complete, and may include
inaccuracies or errors, and may also be modified, discontinued or deleted
from time to time without notice. Advice, information, products, services
or other materials received via E-junkie.com should not be relied upon
for personal, medical, legal, business, financial or other decisions and
is not intended to replace the advice of appropriate and qualified professionals.
You acknowledge that You should consult an appropriate professional for
specific advice tailored to Your situation.
Your access to and use of E-junkie.com, and products and services of
E-junkie.com, is at Your own risk. 19.5 Degrees makes no guarantees of
any kind regarding the dependability, accuracy, security, timeliness or
availability of E-junkie.com, or such products or services. Without limiting
the foregoing, NEITHER 19.5 Degrees NOR ITS RESPECTIVE SUPPLIERS MAKE
ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY,
AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN E-junkie.com FOR
ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. 19.5 Degrees
AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES
AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT.
IN NO EVENT SHALL 19.5 Degrees OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:
DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF E-junkie.com
OR RELATED SERVICES, OR
WITH THE DELAY OR INABILITY TO USE E-junkie.com OR RELATED SERVICES;
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH E-junkie.com;
OR
OTHERWISE ARISING OUT OF THE USE OF E-junkie.com, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 19.5 Degrees
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF E-junkie.com,
OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING E-junkie.com AND ITS RELATED
SERVICES AND PRODUCTS.
Without limiting the foregoing, 19.5 Degrees is not responsible for any
of Your data residing on 19.5 Degrees and E-junkie.com hardware or systems,
including such hardware or systems provided to 19.5 Degrees by third parties.
You are responsible for maintaining and backing-up Your data and information
that may reside on the 19.5 Degrees or E-junkie.com hardware or systems,
including such hardware or systems provided to 19.5 Degrees by third parties,
whether or not such information is produced through the use of 19.5 Degrees
including any information regarding the operation or use of Your Web site,
catalogs, lists, order records, and other information You are providing
or using in connection with Your use of E-junkie.com. It is Your responsibility
to take the necessary steps to ensure Your primary means of business is
maintained. 19.5 Degrees will not be liable for any damage, loss or disclosure
of data, accounts, revenue or business arising out of or otherwise related
to: (a) Your use of E-junkie.com, its services or products; (b) Your customers'
use of Your Web site hosted by or created through E-junkie.com and Your
products and services; (c) use of E-junkie.com by any other party to whom
You have given access to Your company information for use of E-junkie.com;
(d) errors, bugs or other defects in E-junkie.com; (e) lost company, customer
or vendor information (e.g., billing information, credit card numbers,
lost orders, paypal account information etc.); (f) illegal or criminal
activities, including but not limited to reliance on any information obtained
on the E-junkie.com Web Hosting service; or (g) or that result from mistakes,
omissions, interruptions, deletion of files or e-mail, loss of or damage
to data, errors, defects, viruses, delays in operation, or transmission,
or any failure of performance, whether or not limited to acts of God,
communications failure, theft, destruction or unauthorized access to 19.5
Degrees's records, programs or services. You are solely responsible for
maintaining and backing-up any information regarding the operation or
use of Your Web site, catalogs, lists, order records, and other information
You are providing or using in connection with Your use of E-junkie.com.
19.5 Degrees is not liable for Your actions with Your customers or vendors,
or the use of their information, or for any other actions arising from
Your use, or the use of other parties to whom You have given access to
Your E-junkie.com information, through the use of E-junkie.com.
19.5 Degrees is not involved in any transaction between You and Your
buyer or seller or other third parties with whom you may have transactions
through Your Web site or between You and any user of any products or services
offered or provided by You or by a third party through E-junkie.com. 19.5
Degrees is not responsible for screening, censoring or otherwise controlling
Your Web Site, or any listings or transactions offered or conducted via
Your Web Site. You are deemed to have a direct commercial relationship
with each third party that purchases goods or services from or undertakes
any other transaction with You via Your Web site or through E-junkie.com.
19.5 Degrees is not acting as Your or any third party's agent in connection
with the operation of E-junkie.com. You are solely responsible for: (a)
processing customer orders or other transactions; (b) verifying the validity
of incoming customer orders before finalizing the order; (c) informing
customers of the status of such orders or transactions; (d) providing
all customer support related to such orders or transactions (e.g., lost
orders, billing disputes, payments, etc.); and, (e) determining, collecting
and remitting to the appropriate authority all taxes (if any) arising
from or related to such orders or transactions. Further, because 19.5
Degrees is not involved in any orders or other transactions between You
and other users of E-junkie.com or other marketplace forums, 19.5 Degrees
cannot and will not be involved in resolving any disputes relating to
any completed or uncompleted transactions or the purchase or sale of listed
goods or otherwise.
Unless otherwise expressly stated in these Terms of Service, Your payments
for orders or transactions conducted via Your Web Site or on any E-junkie.com
service will be paid to You directly from Your designated acquiring bank,
customers or other appropriate source ("payer"). 19.5 Degrees
is not responsible for such payment, and will have no liability for any
lost, disputed or fraudulent payment or tenders of payment, or other disputes
arising between You and customers or payers. 19.5 Degrees makes no guarantee
about the reliability or accuracy of these products or services, or the
results obtained from using E-junkie.com.
INDEMNITY
You agree to defend, indemnify and hold 19.5 Degrees and its suppliers
harmless from and against any and all claims, losses, liability costs
and expenses (including but not limited to attorneys' fees) arising from
Your violation of these Terms of Service (including, without limitation,
violation of applicable Additional Terms), or any third-party's rights,
(including, without limitation, infringement of any copyright, violation
of any proprietary right and invasion of any privacy rights). These obligations
will survive any termination of Your relationship with 19.5 Degrees or
Your use of E-junkie.com.
ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS
19.5 Degrees reserves the right to deny in its sole discretion any user
access to E-junkie.com or any portion thereof without notice.
You are responsible for safeguarding the confidentiality of Your account
information (including password(s) and user name(s) issued to You) and
for any use or misuse of Your account or E-junkie.com resulting from any
third party using a password or user name issued to You. You agree to
notify 19.5 Degrees immediately of any known or suspected unauthorized
access to or use of Your account, Your password, the password of any individual
user to whom You have issued a login ID or any other breach of security
or misuse of E-junkie.com known to or suspected by You. You may change
Your password at any time by following instructions on the E-junkie.com
Web site.
You hereby authorize 19.5 Degrees to rely on any data, notice, instruction
or request furnished by You to 19.5 Degrees, or that 19.5 Degrees reasonably
believes to have been furnished by You. You are solely responsible for
maintaining the confidentiality of Your account information and monitoring
usage of Your account. 19.5 Degrees is not responsible for fraud of participants
or of other users of your account.
YOUR CUSTOMER DATA
E-junkie.com will only use your customer data in accordance with the privacy
policy.
GENERAL
You agree that no joint venture, partnership, employment, or agency relationship
exists between You and 19.5 Degrees as a result of these Terms or Service
or use of E-junkie.com.
19.5 Degrees's performance of this agreement is subject to existing laws
and legal process, and nothing contained in these Terms of Service are
in derogation of 19.5 Degrees's right to comply with governmental, court
and law enforcement requests or requirements relating to Your use of E-junkie.com
or information provided to or gathered by 19.5 Degrees with respect to
such use.
If any part of these Terms of Service or the Additional Terms is determined
to be invalid or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of these Terms
of Service and the Additional Terms shall continue in effect.
Unless otherwise specified herein, these Terms of Service, the Additional
Terms and the Privacy Statement constitute the entire agreement between
the user and 19.5 Degrees with respect to E-junkie.com and they supersede
all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and 19.5 Degrees with respect to E-junkie.com.
A printed version of these Terms of Service and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to these Terms of Service to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
The example companies, organizations, products, people and events depicted
within E-junkie.com are fictitious. No association with any real company,
organizations, product, person or event is intended or should be inferred.
19.5 Degrees is not obligated to monitor the content on E-junkie.com.
19.5 Degrees reserves the right to disclose any information, content,
or materials as necessary to satisfy any applicable law, regulation, legal
process or government request or in accordance with 19.5 Degrees's Privacy
Statement. 19.5 Degrees reserves the right to edit, refuse to post or
to remove any information, content, or materials, in whole or in part,
from the E-junkie.com Web sites, in 19.5 Degrees's sole discretion, without
notice at any time.
Any rights not expressly granted herein are reserved by 19.5 Degrees,
including all legal and equitable remedies available to 19.5 Degrees or
violation of any of these Terms of Service.
COPYRIGHT AND TRADEMARK NOTICES
All contents of E-junkie.com are: Copyright (c) 2004 -
2008 19.5 Degrees, Inc. and/or its suppliers, c/o 19.5 Degrees, INDIA All rights
reserved.
TRADEMARKS
E-junkie.com is either a trademark or registered trademark of 19.5 Degrees.
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
Any rights not expressly granted herein are reserved by 19.5 Degrees.
GOVERNING LAW
The User Agreement shall be governed and construed in accordance with
the laws of India. You hereby irrevocably consent to the exclusive jurisdiction
and venue of courts in New Delhi, India in all disputes arising out of
or relating to the use of the E-junkie.com Services or E-junkie.com.
Last Updated: November 19, 2006
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