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| Member
Agreement |
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| SNIPLIT |
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THIS DOCUMENT Describes The Terms And
Conditions On Which Sniplit Offers You Access To Our Web
Site And Services. By Using Our Web Site And Services, You
Understand And Accept The Terms And Conditions Described
In This Member Agreement. If You Do Not Agree To The Terms
Of This Agreement, Please Exit Sniplit Immediately And Cease
All Use Of Our Services. Should You Have Any Questions About
These Terms That Are Not Addressed In This Agreement, Please
Contact Us. This Agreement Was Revised On May 31, 2004,
And May Be Modified Again At Any Time |
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| Thank you for choosing Sniplit |
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You may review the most updated version
of Sniplit's Member Agreement at any time by clicking on
the HELP link at the bottom of any page. Our Member Agreement
is listed under the "Company Information and Policies" category
on the HELP page. |
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| Acceptance of Terms and Conditions |
By entering Sniplit, completing the
registration process, and/or using Sniplit's services or
message board, you agree to abide by all terms, policies,
procedures, and guidelines on Sniplit. Also, if you arrive
at Sniplit through any of our partners' or affiliate web
sites, you may also be subject to the terms and conditions
of that web site. Thus, all such agreements and rules are
hereby incorporated by reference into this Agreement. If
you are using Sniplit or Sniplit's services on behalf of
a business entity, you represent that you have the authority
to bind the entity to this Agreement. |
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| Modification of Terms |
We reserve the right to make any changes
to this Agreement and/or to the rules and guidelines outlined
in this Agreement at any time. Your continued use of Sniplit
and its services signifies your acceptance of the updated
Member Agreement and its terms and conditions. As such,
please visit the Member Agreement link under the HELP page
to review our current Member Agreement from time to time.
All amended terms and conditions to this Agreement shall
be effective immediately, unless otherwise noted. If you
and Sniplit have entered into a separate written agreement
that covers your use of Sniplit, the terms and conditions
of such agreement shall control to the extent they are inconsistent
with this Member Agreement. |
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| Sniplit Is Only A Venue |
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Sniplit provides a mean for individuals
and/or businesses to buy, sell, and negotiate the exchange
of goods and services in a local marketplace. Sniplit acts
only as a venue for local commerce and does not physically
own or handle any goods. As such, Sniplit cannot guarantee
or endorse the quality, safety, or legality of the goods
or services being sold; the truth or accuracy of any listing;
or the ability of the sellers to sell items or of buyers
to buy items. Sniplit is not responsible for the monetary
transaction between buyers and sellers and cannot guarantee
that all transactions will be completed. Additionally, Sniplit
cannot assure that each seller will fulfill his or her obligation
in any transaction. By means of this Agreement, you understand
and agree that Sniplit has no liability for any misrepresentation,
incomplete statement or failure to disclose by any user,
or for any claims arising from a transaction initiated through
our web site. Because Sniplit is not party to any negotiations
or transactions between buyers and seller, you release Sniplit
and its officers, directors, employees, agents, parents,
subsidiaries, partners and affiliates from claims, demands,
and damages of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising
from or connected with any dispute between users arising
from any communication, negotiation, transaction or other
activities conducted or initiated through the Sniplit site
or Sniplit's services. |
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| Fees |
Unless otherwise noted, all monetary
values are quoted in U.S. Dollars. You understand and agree
that you are solely responsible for paying all applicable
fees, taxes and duties and for all costs incurred as part
of or associated with the Sniplit service. We reserve the
right to change, suspend, or discontinue the fees due for
our services and/or the services provided by Sniplit at
any time. |
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| Access Eligibility |
Sniplit's services are available only
to, and may be used only by individuals who can form legally
binding contracts under applicable law. Our services are
only available to legal adults (persons over the age of
18) unless a minor's (person under the age of 18) usage
of Sniplit is in conjunction with and properly supervised
by a parent or legal guardian. Sniplit's services are not
available to any person whose Sniplit membership account
has been suspended or permanently terminated. |
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| Member Obligations and Terms |
As a Sniplit user you are solely responsible
for the truthfulness and accuracy of all information provided
to us or other members during the registration, trading,
or posting process, on our message boards or through email
including but not limited to all text descriptions and/or
photographs/digital images. By means of this Agreement,
you assure that any and all information issued or posted
is accurate and representative of yourself and the goods
and/or services that you are selling; that all goods posted
for sale are not illegal, counterfeit, or stolen; and that
the items posted for sale do not infringe on any third party's
copyright, patent, trademark, trade secret or other proprietary
rights. You also agree that all items, goods, and/or services
posted on Sniplit are in compliance with Sniplit's rules
and regulations regarding content and are not items prohibited
or restricted for sale on Sniplit. Sniplit's site and services
may be used only for lawful purposes; and, through the use
of our site, you agree that you are complying with all local,
state, provincial, federal and/or foreign laws and regulations.
You agree not to use Sniplit or our services in any manner
that violates, proposes a transaction, which, if consummated,
would violate any law, statute, ordinance or regulation,
expose Sniplit to civil or criminal liability, or violate
this Agreement. As a Sniplit user, you are solely responsible
for obtaining all necessary licenses and permissions necessary
for your transactions and for verifying that other Sniplit
users with whom you transact do the same. |
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| Content and Restrictions |
Sniplit's site and services may only
be used for lawful purposes. Content that is posted on Sniplit
must not violate any law, statute, ordinance, or regulation.
Content that is defamatory, trade libelous, unlawfully threatening,
or unlawfully harassing; obscene, or contains child pornography;
contains viruses, Trojan horses, or other computer programming
routines that are intended for damage, detrimentally interfere
with, surreptitiously intercept, or expropriate any system,
data, or personal information; content which denigrates
a class of people because of their race, religion, country
of origin, sexual orientation, or gender or is affiliated
with any "hate group"; content that depicts violent or criminal
acts, perpetrators or victims of violence or crime; is prohibited
on Sniplit. By means of this Agreement, you also agree not
to post links to other websites on Sniplit. |
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Also, Sniplit prohibits the listing
or sale of any item that is illegal to sell under any applicable
law, statute, ordinance, or regulation. It is up to you,
the Sniplit user, to make sure that all items you list for
sale are legal and conform to all the legal requirements
of your local, state, provincial, federal or foreign law
and regulation. Specific items that are prohibited and/or
restricted for posting or selling on Sniplit include but
are not limited to: |
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Academic Software |
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Airline and Transit Related Items |
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Alcohol, Wine, or any other alcoholic substance cannot
be sold to persons not of lawful age |
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Beta Software |
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Bootleg Recordings |
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Catalog and URL Sales |
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Contracts and Tickets |
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Copyrighted and/or Trademark-Sensitive Goods |
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Counterfeit Items (including currency and stamps) |
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Credit Cards |
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Downloadable Music |
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Drugs and Drug Paraphernalia |
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Embargoed Goods |
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Firearms, Ammunition, Replicas, and Militaria |
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Fireworks and Explosives |
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Gambling Items |
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Government IDs |
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Hazardous, Restricted, and Perishable Items |
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Human Parts and Remains |
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Lockpicking Devices |
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Lottery Tickets |
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Mailing Lists and Personal Information |
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Manufacturers' Coupons |
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Mod Chips, Game Enhancers |
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OEM Software |
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Offensive Material |
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Police-Related Items |
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Postage Meters |
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Pre-Sale Listings |
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Prescription Drugs and Medical Devices |
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Real Estate |
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Recalled Items |
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Recordable Media |
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Satellite and Cable TV Descramblers |
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Stocks and other Securities |
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Stolen Property |
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Surveillance Equipment |
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Tobacco Products cannot be sold to persons not of
lawful age |
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Used Airbags |
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Warranties |
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Weapons & Knives |
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| Account Suspension and Termination |
SNIPLIT RESERVES THE RIGHT TO SUSPEND
(TEMPORARILY OR INDEFINITELY) OR TERMINATE (PERMANENTLY)
YOUR ACCOUNT AND YOUR ACCESS TO THE SNIPLIT WEB SITE AND/OR
SERVICES PROVIDED BY SNIPLIT UNDER CERTAIN CIRCUMSTANCES
AND WITHOUT PRIOR NOTICE. BY MEANS OF THIS AGREEMENT, YOU
AGREE THAT ANY TERMINATION SHALL BE AT SNIPLIT’S SOLE
DISCRETION AND THAT SNIPLIT SHALL NOT BE LIABLE TO YOU OR
ANY THIRD-PARTY FOR ANY TERMINATION OF YOUR ACCOUNT OR YOUR
ACCESS TO OUR SERVICES. CAUSE FOR TERMINATION SHALL INCLUDE,
BUT NOT BE LIMITED TO |
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Non-compliance with this Agreement or
other rules and guidelines incorporated herein |
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Suspicion that you have engaged in any fraudulent
activity through our site |
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Request by law enforcement or other government agencies |
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Request by you |
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Discontinuance or material modification to our services
(or any part thereof) |
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Unexpected technical or security issues or problems |
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Extended periods of inactivity |
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Sniplit also reserves the right to
limit your activity, immediately remove your listings and/or
posts, warn our community or specific users within our community
of your actions, and refuse to provide our services to you
if you breach this agreement in any way, if we are unable
to verify or authenticate any information you have provided
to us, or if we believe your actions may cause financial
loss or legal liability for you, our users, or Sniplit. |
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| Privacy Policy |
All personal information provided to
Sniplit will be considered confidential and will not be
sold or given to outside sources without your permission.
It is your responsibility to maintain the confidentiality
of your Username and password and you agree to accept all
responsibility for all activities that occur under your
account. |
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| Maintenance and Downtime |
Our administrators at Sniplit try to
very hard to make your experience at Sniplit a pleasurable
one; unfortunately, we cannot always anticipate technical
or other difficulties, which may result in a loss of data
or other service interruptions. Therefore, we at Sniplit
provide the Sniplit web site and our services "as is" and
"as available." We do not assume responsibility for the
timeliness, deletion, misdelivery, or failure to store any
user information, communications, or personalized settings
nor do we provide any warranty or condition of any kind.
You agree that the use of the site and our services is at
your sole risk. Sniplit expressly disclaims any and all
warranties, whether expressed or implied, including but
not limited to, the implied warranties of accuracy, merchantability,
fitness for a particular purpose, non-infringement and noninterference
with your enjoyment of the site or services. |
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| Safe Trading |
Because Sniplit does not confirm each
user's identity, we encourage you to take all precautions
you believe to be appropriate in ensuring your financial
and personal safety when negotiating, meeting, and exchanging
payment between buyers and sellers. You agree that Sniplit
is not party to any negotiations or transactions between
the buyer and seller and therefore release Sniplit from
all claims, disputes, or liability that may result from
connections made on the Sniplit web site or through the
use of Sniplit's services. |
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| Limited License |
You agree to grant and hereby do grant
Sniplit a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicenseable (through multiple tiers) right
and license to exercise all copyright, publicity and database
rights you have in your posted content, in any media now
known or not currently known. |
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| Limitation of Liability |
IN NO EVENT SHALL SNIPLIT, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS,
AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES (HOWSOEVER ARISING, INCLUDING NEGLIGENCE) ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY
TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED
TO $100.00. IN NO EVENT SHALL SNIPLIT BE LIABLE FOR ANY
DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT
OF ANY THIRD PARTY, OR THE INTERRUPTION, SUSPENSION OR TERMINATION
OF THE SITE OR OUR SERVICES, WHETHER SUCH INTERRUPTION,
SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT
OR INTENTIONAL, INADVERTENT OR ADVERTENT. |
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| Jurisdiction and Venue |
This Agreement shall be governed in
all respects by the laws of the State of Florida. You agree
that any legal action brought against Sniplit shall be governed
by the laws of the State of Florida without regard to its
conflict of law principles, and that the sole jurisdiction
and venue for any litigation arising from your use of Sniplit
shall be an appropriate federal or state court located in
the State of Florida. 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.
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 with respect to a breach by
you or others does not waive our right to act with respect
to subsequent or similar breaches. |
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| Additional Terms |
No agency, partnership, joint venture,
employer-employee or franchiser-franchisee relationship
is intended or created by this Agreement. You agree that
there shall be no third party beneficiaries to this Agreement. |
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Other rules and guidelines posted throughout
the Sniplit web site may govern your activities and use
of our services. Should you have any questions about this
Member Agreement, please contact us at: |
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Sniplit, Inc.
P.O. Box 17361
Jacksonville, FL 32246
Email: support@sniplit.com
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