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Ketera provides certain web-based commerce-facilitating applications, on a subscription basis, as further set forth www.ketera.com (“Service/s”), and hosting for such Services on its website (“Site”). Ketera does not represent any seller nor any buyer in specific transactions or contracts processed through the Service or the Site and does not charge any commissions from completing any transactions or contracts. Ketera is for business commercial transactions and not to be used for personal transactions. All terms not defined in this document have the meanings ascribed to them in the Subscription Agreement which by use of the Service and the Site Customer agrees to accept.
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Customer shall provide true and current information about itself and its business as may be required by Ketera and shall promptly amend all such information to keep it current. |
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Customer’s use of the Service and the Site shall not: (a) contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities; (b) be part of a scheme to defraud other Customers or other users of the Site or for any other unlawful purpose; (c) infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy; (d) violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) contain information that is defamatory, libelous, unlawfully threatening or unlawfully harassing; (f) contain information that is obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors; (g) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (h) contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation; (i) involve attempts to copy, reproduce, exploit or expropriate Ketera 's various proprietary directories, databases and listings; (j) involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; or (k) involve any scheme to undermine the integrity of the computer systems or networks used by Ketera and/or any user of the Service and no Customer shall attempt to gain unauthorized access to such computer systems or networks. |
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Ketera may provide its Customers with use of discussion boards on the Site to promote and encourage open, honest and respectful communication between Customers and suppliers. All data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted through a discussion board on the Site, are the sole responsibility of the Customer from whom the Content originated. The posting Customer, not Ketera, is entirely responsible for all Content uploaded or posted via Ketera discussion boards on the Site. Ketera does not control the Content posted via discussion boards and therefore does not guarantee the accuracy, integrity or quality of such content. Ketera does not pre-screen Content. Ketera shall have the right (though not the obligation) in its sole discretion to move, modify or remove any Content. Ketera may, but is not obligated to, monitor the posting activities of Customers and may in its sole discretion restrict their ability to post messages. Ketera shall not be liable in any way for any Content, including (without limitation) any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of the discussion boards. Customer agrees to evaluate and bear all risks associated with the use of any Content including any reliance on its accuracy or completeness. Customer understands it may be exposed to content that is offensive, indecent or objectionable. Ketera may ban, delete or prohibit any Content. Customer shall indemnify Ketera from any and all third party claims arising from any Content that Customer uploaded, posted or e-mailed on or through the discussion boards. |
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Customer may not post or request a bid for any item that is restricted or prohibited by a federal, state or local law in any country or jurisdiction. Ketera functions as a global marketplace, thus the posting, bidding or selling of items may be prohibited due to laws outside of the jurisdiction where Customer resides. Customer is solely responsible for determining applicable laws and complying with all laws in all the jurisdictions in which it expects to do business. Additionally, certain categories of postings which may not be prohibited by law in all jurisdictions, have been deemed inappropriate for posting on the Site. These categories include but are not limited to (a) Items that encourage illegal activities; (b) Items that are racially, religiously or ethnically derogatory, or that promote hatred, violence, racial or religious intolerance; (c) giveaways, lotteries, raffles, or contests; (d) stocks, bonds, investment interests, and other securities; (e) pornographic materials or items that are sexual in nature; (f) Items that do not offer a product or service for sale, such as advertisements solely for the purpose of collecting user information. Ketera, in its sole and exclusive discretion, reserves the right to impose additional restrictions and prohibitions. |
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