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Terms and Conditions

 

BY USING THIS WEBSITE YOU AGREE TO THE TERMS AND CONDITIONS MENTIONED BELOW:

 

 

CHAPTER 1
Waiver of Liability:

“Merosecondhand.com”  offers a compilation of online resources which include classified advertisements and forums (collectively, the "Service") on the website Merosecondhand.com subject to these Terms of Use (these "Terms"). For the purpose of the Terms and wherever the context so require, the language 'You' or 'you' shall mean any person who uses the Websites or the Services in any manner whatsoever including persons browsing the Websites and its content, posting comments or any content or responding to any advertisements or content on the Websites. By using the Service, you agree to comply with these Terms. Moreover, when using a portion of the Service, you agree to obey the rules to any applicable posted guidelines for such Service, which may change from time to time. You realize and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with “merosecondhand.com” in any way, your only choice is to immediately discontinue use of “merosecondhand.com”. These Terms may be updated by “merosecondhand.com” at any time at its sole discretion.

 

CHAPTER 2
Services and Content Policy:
  1. “MEROSECONDHAND.COM” is the next generation of free online classifieds. We act as a site to allow our users who fulfill with these Terms to offer, sell, and buy new and secondhand products and services listed on the Website. Though you may be solicited to conduct payment and other transactions through the Website, using third-party vendors such as PayPal, “merosecondhand.com” is not in any way in involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that “merosecondhand.com” is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Website at your own risk.

 

  1. You comprehend that “merosecondhand.com” does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside “merosecondhand.com”’s domain or other means of electronic communication, whether through the Website or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and the Service ("Content"), and that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will “merosecondhand.com” be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. You acknowledge and agree that in accordance with law, “merosecondhand.com” cannot and does not pre-screen or approve any Content, but that “merosecondhand.com” has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to “merosecondhand.com”’s knowledge or for any other reason whatsoever and also if it feels that it is appropriate to do so. Furthermore, the Website and Content available through the Website may contain links to other third party websites ("Third Party Websites"), which are completely unrelated to “merosecondhand.com”. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. “merosecondhand.com” makes no representation, claims or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and “merosecondhand.com” disclaims any and all liability of any description including but not limited to actual, compensatory, anticipatory and liquidated damages thereto.

 

  1. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, and warrant that: (i) you own or have the necessary licenses, rights, premissions consents, and authorizations to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights and intellectual property in and to any and all such Content) and authorize “merosecondhand.com” to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting the Content to “merosecondhand.com”, you hereby grant to “merosecondhand.com” an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and “merosecondhand.com”'s (and its successors') business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by “merosecondhand.com” in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to “merosecondhand.com” all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website. The foregoing license to each user granted by you terminates once you remove or delete such Content from the Website.

 

  1. “merosecondhand.com” does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and “merosecondhand.com” expressly disclaims any and all liability in connection with user Content. “merosecondhand.com” does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and “merosecondhand.com” may, at its complete and absolute, either on its own accord, or upon application or notification by any party discretion, remove any Content if properly notified that such Content infringes on another's intellectual property rights or where “merosecondhand.com” is satisfied that it so infringes the Intellectual Property. “merosecondhand.com” reserves the right to remove any Content without prior notice. “MEROSECONDHAND.COM” may also terminate a user's access to the Website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice. Further, at its sole discretion, “merosecondhand.com” reserves the right to decide whether any Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, libelous, or defamatory material, or excessive length. “merosecondhand.com” may remove such Content and/or terminate a user's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion. “merosecondhand.com” may also report any infringements to appropriate authorities and or Law Enforcement.

 

  1. “merosecondhand.com” may provide a video service to you if you upload photographs for your ad By uploading your photographs, you irrevocably consent to the use of your photographs for this service and represent and warrant that you have all right, title and interest necessary to upload and use the photographs on this service. Under this service, using a third party application or service, “merosecondhand.com” may, at its discretion, create a video of your photographs, upload the video via www.youtube.com or another third party service provider, as determined by merosecondhand.com” at its discretion, and embed the video into your ad on merosecondhand.com”.

 

CHAPTER 3
User Submissions:

You understand that when using the Website, you will be exposed to Content from a variety of sources, and that “merosecondhand.com” is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is or may be perceived as inaccurate, offensive, indecent, or objectionable, defamatory or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against “merosecondhand.com” with respect thereto.

 

CHAPTER 4
Indemnity:
  1. You agree to defend, indemnify and hold harmless “merosecondhand.com”, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees and interest) arising from: (i) your use of and access to the Website and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
  2. You acknowledge and agree that “merosecondhand.com” shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that “merosecondhand.com” shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that “merosecondhand.com” is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release “merosecondhand.com”, its officers, employees, agents, servants and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.

 

CHAPTER 5
Warranties Disclaimer:
  1. You expressly acknowledge and agree that use of the website and the service is entirely at your own risk and that the website and the service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular, advertised or any purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law “merosecondhand.com”, its officers, directors, employees, servants and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. “merosecondhand.com” makes no warranties or representations about the accuracy or completeness of the website's content or the content of any third party websites linked to the website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website and service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the website or the service. “merosecondhand.com” does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and “merosecondhand.com” will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
  2. In no event shall “merosecondhand.com”, its officers, directors, employees, servants, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if “merosecondhand.com” has been advised of the possibility of such damages), resulting from any aspect of your use of the website or the service, including without limitation whether the damages arise from use or misuse of the website or the service, from inability to use the website or the service, or the interruption, suspension, modification, alteration, or termination of the website or the service. Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the website or the service or any links on the website, as well as by reason of any information, opinions or advice received through or advertised in connection with the website or the service or any links on the “merosecondhand.com” site. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that “merosecondhand.com” shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.

 

CHAPTER 6
Of Stolen, Illegal or Immoral Property
  1. You hereby warrant that you have the title to any good(s) that you may be offering to sell or inviting to treat on this site and the right to so sell. In the event that “merosecondhand.com” is advised or comes to believe that the goods posted on the website are stolen, “merosecondhand.com” will immediately and forthwith remove the listing and will contact the appropriate law enforcement and you hereby agree to indemnify “merosecondhand.com” its employees, agent, servants, directors and officers against any claim in law and equity against any third party. “merosecondhand.com” will also have the right to claim damages of whatever description and injunctive relief against you.
  2. You hereby warrant that in the event that you do not have the title to any good(s) that you may be offering to sell or inviting to treat on this site, you do have the permission, authorization and consent of the owner for any and all of the following: posting, offer to sell, invitation to treat, negotiate and close sale, arrange for physical transfer of property, and receive any monies or consideration. If at any time, either through notification or on its own accord “merosecondhand.com” is informed or comes to believe that such the permissions, authorizations and consents have not been given, it reserves the right to remove the listing forthwith and to inform the owner and appropriate law enforcement. You hereby agree to indemnify “merosecondhand.com” its employees, agent, servants, directors and officers against any claim in law and equity against any third party. “merosecondhand.com” will also have the right to claim damages of whatever description and injunctive relief against you.
  3. If you at a anytime become aware or have reason to believe that any property listed on the website is stolen or the being offered for sale or invitation to treat with the permission of the owner/title holder; you must inform “merosecondhand.com” forthwith, using the procedure laid out in the “STOLEN, ILLEGAL AND IMMORAL GOODS, DOCUMENT” Folder. You agree to assist “merosecondhand.com” in any and all way that may be necessary in any actual or contemplated litigation or criminal investigation and proceedings which may arise out of your Notification, including but not limited to providing depositions.
  4. You hereby agree that none of the good (s) that you have listed/posted or linked to (whether offered for sale or invitation to treat or not) is of a type which is illegal for sale under the laws of the United States, Nepal or under any International Convention. This heading will embrace any of the good (s) that may be legal to sell with licenses or permissions and shall apply regardless of whether the same have been obtained or not. . In the event that “merosecondhand.com” is advised or comes to believe that the goods posted on the website are illegal for sale under the Laws of the United States and Nepal or any International Convention, “merosecondhand.com” will immediately and forthwith remove the listing and will contact the appropriate law enforcement and you hereby agree to indemnify “merosecondhand.com” its employees, agent, servants, directors and officers against any claim in law and equity against any third party. “merosecondhand.com” will also have the right to claim damages of whatever description and injunctive relief against you.
  5. That further to Para 4 (above), you must report to “merosecondhand.com” about any listing which you know or suspect offers good (s) for sale, seeks invitation to treat, which are illegal for sale under the laws of the United States and Pakistan or any International Convention.. You will do this by using the procedure laid out in the “STOLEN, ILLEGAL AND IMMORAL GOODS, DOCUMENT” Folder. You agree to assist “merosecondhand.com” in any and all way that may be necessary in any actual or contemplated litigation or criminal investigation and proceedings which may arise out of your Notification, including but not limited to providing depositions.
  6. You may not offer for sale, or invitation to treat any good (s) not covered by Para 1 -4 (inclusive) of this Chapter which are used for or may be adapted for use for immoral purposes. This will include pornography or erotica or any description, drugs paraphernalia,, real or purported aphrodisiacs, devices, object, device items or products which are or can be adapted for use as marital/intercourse aids or enhancers. That notwithstanding anything contained in this Paragraph, “merosecondhand.com” will be the final decider as to whether any good (s) come under this heading and may remove a listing at its complete and absolute discretion.
  7. You may not offer for sale or invitation to treat any good (s) not covered by Para 1-4 (inclusive) of this Chapter, which are or may be used as or modified to be, firearms or imitation firearms, crew served weapons, ammunition, explosives, therapeutic or recreational drugs of any description, alcoholic beverages, poisons, body armour of any type or livestock, Plants, animals or Pathogens. “merosecondhand.com” will be the final decider as to whether any good (s) come under this heading and may remove a listing at its complete and absolute discretion. “merosecondhand.com” may at its discretion permit you to sell an item otherwise covered under this head, under such terms and conditions that “merosecondhand.com” may set. Provided that the terms in the document shall always be deemed to apply to such an action. In addition you hereby agree to indemnify and hold harmless merosecondhand.com, it’s Employees, agents, servants, officers, directors from any claim or liability of any description resulting from any sale or listing arising out of merosecondhand.com’s agreement

 

CHAPTER 7
User Eligibility:
  1. This Website is intended only for adults. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian or consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13.
  2. NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS AND OR GUARDIANS; if you are under the age of 13, YOU MUST NOT USE THIS WEBSITE. Please do not send us your personal information, including your email addresses, name, and/or contact information. If you want to contact us, you may only do so through your parent or legal guardian.

 

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