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Joined: 07 Dec 2007
Posts: 157

Post Posted: 06/09/08 11:15 pm    Post subject: TERMS OF USE Reply with quote


Neweracaptalk provides a service of online resources, including classifieds (being new era caps for trade or sale), through our forum,(referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using and or registering to the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular Neweracaptalk services, you agree to abide by any applicable posted guidelines for all Neweracaptalk services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Neweracaptalk in any way, your only recourse is to immediately discontinue use of Neweracaptalk. Neweracaptalk has the right, but is not obligated, to strictly enforce the TOU.


We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreemen t on a regular basis to keep yourself apprised of any changes.


You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that Neweracaptalk does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, Anyone who is participating in any type of transaction is doing so at your own risk. Neweracaptalk makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained on our forum. If Your linking to any other webites it is at your own risk. You agree that you 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 Neweracaptalk be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed orotherwise made available via the Service. You acknowledge that Neweracaptalk does not pre-screen or approve Content, but that Neweracaptalk shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.


The Neweracaptalk site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Neweracaptalk, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that Neweracaptalk shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Neweracaptalk is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Neweracaptalk in rights from 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.


You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of another's privacy, or is harmful to minors in any way;

b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) m, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;

c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

d) that impersonates any person or entity, including, but not limited to, a Neweracaptalk employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);

e) that includes personal or identifying information about another person without that person's explicit consent;

f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";

g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Neweracaptalk sites which are not designated for such purposes; or emailed to Neweracaptalk users who have not indicated that it is ok to contact them about other services, products or commercial interests.

j) that includes links to commercial services or web sites, except as allowed in "services";

k) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

l) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

m) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

n) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

o) "stalk" or otherwise harass anyone;

p) collect personal data about other users for commercial or unlawful purposes;

q) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Neweracaptalk;

r) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

s) attempt to gain unauthorized access to Neweracaptalks computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Neweracaptalk website;

t) use any form of automated device or computer program that enables the submission of postings on Neweracaptalk without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

Members that intentionally or habitually engage in practices that commit fraud, misrepresent themselves or products, are negligent in prompt communication will be permanently banned, their IP tracked and if necessary, reported to the authorities.


You understand and agree that sending unsolicited email advertisements to Neweracaptalk users through Private Messaging or personal email addresses , is expressly prohibited by these Terms, Such violations may subject the sender and his or her agents to civil and criminal penalties.


You agree that Neweracaptalk, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Neweracaptalk believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Neweracaptalk shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.


We welcome your questions and comments on this document in the Neweracaptalk
feedback forum:

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