Welcome to LobsterNetwork. This agreement (hereinafter called “the LobsterNetwork User Agreement” or the “user agreement”) contains the terms and conditions under which LobsterNetwork.com grants you (the User) a license to use LobsterNetwork (also called “the site”). If you choose not to accept this User Agreement, do not use or continue to use the site as the granting of a license to use the site is conditional upon acceptance of all the terms and conditions contained in the current User Agreement as well as all terms and conditions it incorporates by reference. By accessing LobsterNetwork, you (the User) acknowledge that you have read and understood the LobsterNetwork User Agreement, and agree to be bound by the terms and conditions of the user agreement, whether or not you are a registered user of LobsterNetwork.
Revision of the User Agreement
LobsterNetwork may occasionally change the terms and conditions contained within the User Agreement without prior notice and at our sole discretion. The most current version of the User Agreement may be found at http://www.lobsternetwork.com/LN/Public/termsconditions.aspx; the terms and conditions contained therein supersede all previous versions of the User Agreement. Whenever LobsterNetwork.com modifies the User Agreement, we will update the date of the Last Revision for your convenience. Please check this page periodically as it contains information on legal obligations and responsibilities. Use of the site by the user constitutes acceptance of the terms and conditions contained in the current LobsterNetwork User Agreement.
Account Security
You agree to be responsible for maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration with LobsterNetwork. Further, you agree that you are responsible for all activities that occur under your username or account. You also agree to notify LobsterNetwork.com of any unauthorized use of your account or password. LobsterNetwork.com shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with any terms or conditions contained in the Account Security section of the User Agreement.
User Code of Conduct
We would like LobsterNetwork to be a safe place on the internet. Therefore, LobsterNetwork.com has established certain rules for using LobsterNetwork, including the posting of images, items, and messages, which are set forth in this User Agreement. Failure to abide by the terms contained in the User Code of Conduct, as with any other terms contained in the user agreement, may result in various actions including but not limited to the termination of your account, the removal of any or all offending items, messages, or other content, with or without notice, at the sole discretion of LobsterNetwork.com
- Lawful behavior: In using LobsterNetwork, you may not violate any applicable laws, including but not limited to the transfer of ownership, or post items or messages encouraging unlawful behaviour of any sort. Further, you agree not to use LobsterNetwork for the purpose of circumventing laws in any jurisdiction that applies to you.
- Third Party Content: You represent, warrant, and agree that all content you upload or post to Lobster Network does not infringe or violate the copyright, trademark, intellectual property or other rights of any third party.
- Automation Prohibited: You agree not to use automated scripts, bots, or other automated processes of any sort to collect information from or otherwise interact with the site in any way.
- Conduct: You agree not to use profane or obscene language in all dealings with other LobsterNetwork users, and further agree to refrain from harassment, intimidation or any other type of malicious behaviour against other LobsterNetwork users, whether using LobsterNetwork or another medium of communication.
- Personal information: You agree not to solicit personal information using LobsterNetwork or to use LobsterNetwork as a means of advertising the personal information of others.
- Viruses: You agree not to post any material containing a computer virus or other malicious code designed to interrupt, destroy, limit or spy upon the functionality of any computer software or hardware or telecommunications equipment.
- Misrepresentation/Impersonation: You agree not to impersonate any other person or entity, or to misrepresent your relationship with any other person or entity, while using or in connection with LobsterNetwork. In addition, you agree not to use or attempt to use any other person or entity’s LobsterNetwork account.
- Content: You agree not to post any material that, in the sole judgement of LobsterNetwork.com, is objectionable, restricts or limits the enjoyment of other users of LobsterNetwork, or exposes you or LobsterNetwork.com to harm or liability of any sort.
- Item Categorization: You agree not to place items in inappropriate categories and to place items in the correct categories where available, to refrain from the use of misleading, fraudulent or deceptive item titles, and to provide accurate information about any items you post to the best of your ability.
In addition, you agree not to list or post items contained in the prohibited items list.
Prohibited Items List
LobsterNetwork.com would like LobsterNetwork to be a safe place to visit on the internet. You therefore agree not to list any of the following items, or categories of items, on LobsterNetwork.
- Illegal items – Illegal items of any sort must not be listed on LobsterNetwork. In addition, any media, document or book that encourages or instructs others how to commit illegal acts of any nature must not be listed on LobsterNetwork.
- Mature Audiences – Items of a pornographic or excessively violent nature or items that are intended to be used for sexual or adult activities are not permitted on LobsterNetwork.
- Stolen Goods – Items obtained through theft, items that are the proceeds of crime or items that are the proceeds of any sort of unlawful or illegal actions must not be listed on LobsterNetwork. In addition, items with removed or partially removed serial numbers must not be listed on LobsterNetwork.
- Drugs – Drugs of any sort, whether legal or illegal, or items used or intended for the consumption or use of drugs must not be listed on LobsterNetwork. This category includes but is not limited to: alcohol, cigarettes, prescription drugs, pot and ecstacy, to list a few examples.
- Illegal Electronic Devices – Certain types of electronic devices are illegal either to own or to sell in some jurisdictions, and must not be listed on LobsterNetwork even if permissible in the jurisdiction you reside in. Items under this category would include but are not limited to: radar detectors, cable descramblers, satellite descramblers, surveillance or wiretapping equipment and traffic light control devices.
- Technical Circumvention Measures – Information and devices designed to defeat technical anti-copying or security measures must not be listed on LobsterNetwork. Examples of items in this category include, but are not limited to: cable and satellite descrambling devices, lockpicks, mod chips, software designed to circumvent security measures, information on technical/security measures and particularly information on how to circumvent technical/security measures.
- Identification – Identification documents or certificates of any sort must not be listed on LobsterNetwork. This category includes but is not limited to: government ID cards, credit cards, birth certificates, or any other sort of information encouraging or permitting identity theft or the creation or sale of false documents.
- Weapons – Weapons of all sorts, including but not limited to firearms, ammunition, knives and weapon replicas, are illegal in some jurisdictions and may not be posted on LobsterNetwork.
- Recalled Items – Items recalled by a manufacturer must not be resold on LobsterNetwork as they may pose a hazard to the public.
- Offensive Material – Items that promote violence towards, hatred of or intolerance of another group or promote an organization known to be dedicated to such goals must not be listed on LobsterNetwork.
- Human Parts – Human body parts and remains must not be listed on LobsterNetwork.
- Perishables: Food and other perishables are carefully regulated, and items approved in one jurisdiction may not always meet the regulations in another jurisdiction for legal or technical reasons. Further, there are additional regulations dealing with the importation of food across jurisdictional borders. Due to the inherent complexity of these issues, food and other perishables must not be listed on LobsterNetwork.
- Fraudulent items: Unlicensed copies or imitations of any item, whether some form of media or a knockoff designer handbag, must not be listed on LobsterNetwork.
- Hazardous/Regulated items: Hazardous items or regulated items must not be listed on LobsterNetwork. This category contains, but is not limited to: fireworks, batteries or other items containing mercury, CFC containing coolants such as Freon, radioactive or nuclear-derived materials (glow tubes contain tritium, certain military sights contain radium).
Posting User Content
When you post user content to the site, you grant LobsterNetwork.com the right to use and make copies of that content to facilitate the storage and posting of the content. If for any reason you do not use the “Inventory Only” option when posting an item, either at the time of posting or as a later change, you further grant LobsterNetwork.com the right to publicly display, advertise, and distribute the content. Further, you agree, warrant, and represent that you have the right to grant LobsterNetwork.com a license authorizing the rights discussed in the previous statements of this section. You may remove your content from the site at any time. If you do, the license granted above will automatically expire, subject to the following condition: you recognize that LobsterNetwork.com may retain archived copies of the content for archival or backup purposes. LobsterNetwork.com does not claim ownership of any posted User Content, but does require the rights discussed above for the efficient operation of LobsterNetwork.
When you post items on LobsterNetwork, you agree, represent, and warrant that you are the legal owner of that item. When posting items for sale, trade, free, or loan, you further agree, represent and warrant that you are legally permitted to sell, trade, give, or loan that item and that posting the items for sale, trade, free, or loan does not contravene any legal or licensing restrictions applicable to you, including but not limited to: possible issues involving conflict of interest, or the sale, trade, or distribution of regulated items.
Importation of Goods Across National Borders
Many countries have special regulations governing the importation or, in some cases, the exportation of goods across borders. As LobsterNetwork.com is not a party to any transactions that occur between users, you agree and accept that the responsibility and associated liability of ensuring compliance with any and all relevant regulations lies with you, the user, whether as the provider of goods or as their recipient. Without limiting the previous statement, you specifically agree that this includes the payment of all relevant taxes or tariffs.
Security
LobsterNetwork.com uses industry-standard practices to secure communications between you and our site. LobsterNetwork.com has partnered with RapidSSL security to provide our users with the highest levels of security for their online communications.
LobsterNetwork.com uses many different tools to secure communications between you and our site, including SSL certificates, encryption, passwords, and other security features. However, it is nevertheless possible that third parties may unlawfully intercept or access communications, and other users may abuse or misuse information they have collected through LobsterNetwork. Therefore, though LobsterNetwork.com makes every effort to maintain your privacy and to give you the tools so that you can control your information, LobsterNetwork.com does not promise, and you should not expect, that your communications will in every instance remain strictly private.
Privacy Policy
LobsterNetwork.com views protection of our users’ privacy as a very important community principle. We understand clearly that you and your information are one of our most important assets, and we consider providing you with the tools to control the release of your information and safeguard your privacy one of our primary goals.
Because LobsterNetwork.com holds user privacy as one of our top priorities, LobsterNetwork.com purposely minimizes the amount of information we collect from you during registration. The only personally identifiable information LobsterNetwork collects during registration is the email address you register with us and the city you live in. LobsterNetwork also uses industry standard security, including encryption and other measures, to minimize the risk to your privacy. See the section on Security for more details on this topic.
Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are other users, advertisers or merchants on our site or other sites throughout the Internet, different rules may apply to their use or disclosure of the personal information you disclose to them. Since LobsterNetwork.com does not control the privacy policies of third parties, you are subject to the privacy customs and policies of that third party. LobsterNetwork.com encourage you to ask questions before you disclose your personal information to others, and to avoid disclosure of any information that is not relevant to a given transaction.
Monitoring
You acknowledge that LobsterNetwork.com has no obligation to monitor LobsterNetwork or any content, products or services (collectively, “Content”) accessible through LobsterNetwork. However, you agree that LobsterNetwork.com has the right to monitor LobsterNetwork electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate LobsterNetwork properly, or to protect itself or its users in accordance with LobsterNetwork’s Privacy Policy. LobsterNetwork.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that in its sole discretion, are unacceptable, undesirable, or in violation of the User Agreement and the documents it incorporates by reference. You understand that by using LobsterNetwork, you may have access to content which may be offensive or objectionable to you. Under no circumstances shall LobsterNetwork.com be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any use of, or access to, any such content.
Transactions with Third Parties (including other users)
LobsterNetwork is a forum for users to advertise and correspond regarding the loaning, selling, buying, trading, or giving of goods and services (hereinafter referred to collectively as “transactions”) to other users. You acknowledge and agree that LobsterNetwork acts solely as a passive conduit for the advertising and correspondence related to any such transactions, and expressly agree that LobsterNetwork.com is not a party to any such transactions. Further, you acknowledge and agree that your correspondence or business dealings with any third parties, including other users, advertisers or merchants, found on or through LobsterNetwork or any related service, including payment for and delivery of goods and services, and all other terms, conditions, representations, and warranties related to such dealings, are solely between you and such third parties. LobsterNetwork.com assumes no responsibility whatsoever, direct or implied, for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be the user’s alone. You agree that LobsterNetwork.com shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions. This limitation applies even if LobsterNetwork.com has been advised of, or foresees, the possibility of any damages occurring.
Third Party Websites
Throughout the site you may encounter or be sent links to third party websites. As LobsterNetwork.com exercises no control over third-party websites, you agree it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of or reliance upon such content rests solely with you. You further agree that LobsterNetwork.com shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.
Disclaimers
LobsterNetwork is provided on an “as is” and “as available” basis. LobsterNetwork.com makes no warranties, express or implied, including but not limited to implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. LobsterNetwork.com cannot guarantee and does not promise any specific results from use of the site. LobsterNetwork.com does not represent or warrant that software, content or materials on the site are accurate, complete, reliable, current, or error-free or that the site or its servers are free of viruses or other harmful components. Therefore, users should exercise caution and use industry-recognized software to detect and remove possible viruses. Use of any and all content from the site is at your own risk; you agree that you are solely responsible for your use thereof and any damages to your computer system or other device, your data, or harm of any other sort that may result. This limitation applies even if LobsterNetwork.com has been advised of, or foresees, the possibility of any damages occurring.
LobsterNetwork.com is not responsible or liable in any manner for any User Content, Software, or Content posted on the site, whether posted or caused by users of the site, by LobsterNetwork.com, by third parties or by any of the equipment or programming associated with or utilized in the site. Although LobsterNetwork.com provide rules for user conduct and postings, we do not control and are not responsible for what users post or transmit on the site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the site or in connection with any user content, software, or content. LobsterNetwork.com is not responsible for the conduct, whether online or offline, of any user of the Site.
Limitation of Liability
You expressly understand and agree that in no event shall LobsterNetwork.com, its officers, subcontractors, or affiliates, be liable for any damages whatsoever, including any direct, indirect, incidental, consequential, special or exemplary damages, and any damages from loss of profits, savings, goodwill, or other intangible losses, regardless of whether LobsterNetwork.com has been advised or could have foreseen the possibility of such damages, arising out of or in connection with: (a) the use, inability to use or performance of LobsterNetwork; (b) any unauthorized access to or modification of any of your content or transmissions; (c) any other matter relating to LobsterNetwork or associated services, regardless or whether any of the foregoing is determined to constitute a fundamental breach or failure of essential purpose. Notwithstanding anything to the contrary contained herein, LobsterNetwork.com’s liability to you or to any third party for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of the amount paid, if any, by you to LobsterNetwork.com for the service in the 12 months prior to the action giving rise to the liability, and $25. You further acknowledge and agree that if no fees are paid to LobsterNetwork.com for the service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from LobsterNetwork.com, regardless of the cause of action.
No License: Intellectual Property of LobsterNetwork.com and Others
Except as expressly provided, nothing herein or within LobsterNetwork shall be construed as conferring any license under any of LobsterNetwork.com’s or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate LobsterNetwork is protected by copyright, trademark, patent, or other proprietary rights of LobsterNetwork.com, its affiliates, licensors, and/or service providers. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with LobsterNetwork. Further, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available through LobsterNetwork nor use any of the forgoing for any purpose other than the purpose for which such intellectual property is made available to users through LobsterNetwork.
Governing Law & Jurisdiction
The User Agreement shall be governed by the provincial laws of Ontario, Canada, and the federal laws of Canada that apply in the province of Ontario. You (the User) agree to be bound by the laws of these jurisdictions, and consent to the exclusive jurisdiction and venue of the courts of Ontario, Canada, for all disputes related to this site. Further, you agree to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the courts of Ontario.
Indemnity
You agree to indemnify and hold LobsterNetwork.com, its subsidiaries and affiliates, employees, officers and contractors harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of the User Agreement, your conduct on the site or interaction with other users on the site, or information or code transmitted through the LobsterNetwork site.
Submission of Ideas/Suggestions
If you have any ideas on how LobsterNetwork could be improved or new additions we might consider, we would like to here them – but all ideas and suggestions must be subject to the following terms and conditions: Under no circumstances shall any disclosure of any idea and/or suggestion or related material to LobsterNetwork.com be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea and/or suggestion or any related material to LobsterNetwork.com, you are waiving any and all rights that you may have in the idea and/or suggestion or any related material and are representing and warranting to LobsterNetwork.com that the idea and/or suggestion or any related material are wholly original with you, that no one else has any rights in the idea and/or suggestion or any related material and that LobsterNetwork.com is free to implement the idea and/or suggestion and to use the related material if it so desires, as provided or as modified by LobsterNetwork.com, without obtaining permission or license from any third party.
Termination
LobsterNetwork.com reserves the right to terminate or suspend your account, remove any or all user content you have entered, or take any other remedy deemed necessary by LobsterNetwork.com for violation of the terms and conditions contained in the User Agreement. LobsterNetwork.com also reserves the right to terminate or suspend your account or remove any items you have entered without cause at it’s sole discretion, with or without notice, and without limiting other remedies. In the event of termination, you are no longer authorized to access the site; all other terms and conditions contained in the User Agreement shall survive, including but not limited to Disclaimers, Limitation of Liability, and any restrictions upon content downloaded or otherwise obtained through LobsterNetwork.
Miscellaneous
If any of these terms or conditions are deemed unlawful, void, or for any reason unenforceable, then that term or condition shall be deemed severable from the remaining terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.
Last modified Nov. 1, 2009 |
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