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User
Agreement
General Use
Welcome to the user agreement (the "Agreement"
or "User Agreement") for Lootstreet.com. This
Agreement describes the terms and conditions applicable
to your use of our services available under the domain
and sub-domains of Lootstreet.com (the "Site")
and the general principles for the websites of our subsidiaries
and affiliates. If you do not agree to be bound by the
terms and conditions of this Agreement, we request you
not to use or access our services. You must read, agree
with and accept all of the terms and conditions contained
in this User Agreement and the Privacy Policy, which
include those terms and conditions expressly set out
below and those incorporated by reference, before you
may become a member of Lootstreet.com. We may amend
this Agreement at any time by posting the amended terms
on the Site. Except as stated below, all amended terms
shall automatically be effective 30 days after they
are initially posted on the Site. This Agreement may
not be otherwise amended except in a writing signed
by you and Lootstreet.com. This Agreement is effective
upon acceptance in registration for new registering
users.
Membership Eligibility
Our services are available only to and may only be used
by individuals who can form legally binding contracts
under applicable law. Without limiting the foregoing,
our services are not available to children (persons
under the age of 18) or to temporarily or indefinitely
suspended members of Lootstreet.com. If you are a person
under the age of 18, you can use this service only in
conjunction with, and under the supervision of your
parents or guardians. If you do not qualify, please
do not use our Site. Further, your account on Lootstreet.com
(including feedback) and User ID may not be transferred
or sold to another party. If you are registering as
a business entity, you represent that you have the authority
to bind the entity to this Agreement.
Fees and Services
Joining Lootstreet.com is free. We do charge fees for
listing items for sale through our Site and when you
list an item you have an opportunity to review and accept
the fees that you will be charged. We may change our
fees for our services from time to time. Our changes
to the policy are effective after we provide you with
at least fifteen (15) days' notice of the changes by
posting the changes on the Site. However, we may choose
to temporarily change our Fees and Credits Policy and
the fees for our services for promotional events (for
example, free listing days) and such changes are effective
when we post the temporary promotional event on the
Site.. We may in our sole discretion change some or
all of our services at any time. In the event we introduce
a new service, the fees for that service are effective
at the launch of the service. Unless otherwise stated,
all fees are quoted in INR. You are responsible for
paying all fees associated with using our service and
the Site and all applicable taxes.
Identity Verification
We use many techniques to verify the accuracy of the
information our users provide us when they register
on the Site. However, because user verification on the
Internet is difficult, Lootstreet.com cannot guarantee
and does not confirm each user's purported identity.
Thus, we have established a mobile-based registration
method, in which the member has to be in possession
of a valid mobile number. By using this Site, you agree
to accept such risks and Lootstreet.com is not responsible
for inaccurate information.
Information Control
We do not control the information provided by other
users that is made available through our system. You
may find other user's information to be offensive, harmful,
inaccurate, or deceptive. Please use caution, common
sense, and practice safe trading when using the Site.
Please note that there are also risks of dealing with
underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international
trade and foreign nationals. By using this Site, you
agree to accept such risks and Lootstreet.com is not
responsible for the acts or omissions of users on the
Site.
Your Information
"Your Information" is defined as any information
you provide to us or other users in the registration,
negotiating or listing process, in any public message
area (including the Forums or the feedback area) or
through any email feature. You are solely responsible
for Your Information, and we act as a passive conduit
for your online distribution and publication of Your
Information.
LootStreet.com
is a Facilitator
LootStreet.com
is not an Auctioneer
Although we can be commonly referred to as an online
Shopping and auction web site, it is important to realize
that we are not a traditional "auctioneer."
Instead, the Site acts as a venue to allow anyone to
offer, sell, and buy just about anything, at anytime,
from anywhere, in a bargain-style pricing format commonly
referred to as "Bargaining" or "Collective
Bargains." We are not involved in the actual transaction
between buyers and sellers. As a result, we have no
control over the quality, safety or legality of the
items advertised, the truth or accuracy of the listings,
the ability of sellers to sell items or the ability
of buyers to pay for items. We cannot ensure that a
buyer or seller will actually complete a transaction.
Consequently, we do not transfer legal ownership of
items from the seller to the buyer. The seller transfers
legal ownership of an item upon physical delivery of
the item to the buyer.
Release
Because we are a venue, in the event that you have a
dispute with one or more users, you release Lootstreet.com
(and our officers, directors, agents, subsidiaries,
joint ventures and employees) from claims, demands and
damages (actual and consequential) of every kind and
nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any
way connected with such disputes. You also release rights
in kind which are otherwise granted by the local ordinances
of the governing body residing over the specific location
in which Lootstreet.com is legally founded.
Listings
Listing Description
You must be legally able to sell the item(s) you list
for sale on the Site. You must describe your item and
all terms of sale on the listing page of the Site. Your
listings may only include text descriptions, graphics,
pictures and other content relevant to the sale of that
item. All listed items must be listed in an appropriate
category. All items in multiple item listings must be
identical.
Fraud
Without limiting any other remedies, Lootstreet.com
may suspend or terminate your account if we suspect
that you (by conviction, settlement, insurance or 3rd
Party investigation, or otherwise) have engaged in fraudulent
activity in connection with the Site.
Copyright
By placing an item for on this Site, you ensure that
listed items do not infringe upon the copyright, trademark
or other rights of third parties. Anyone can report
listings offering infringing items, and request that
such items be removed.
Restricted Activities
Your Information (or any items listed) and your activities
on the Site shall not: (a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of counterfeit
or stolen items; (c) infringe any third party's copyright,
patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy; (d) violate
any law, statute, ordinance or regulation (including,
but not limited to, those governing export control,
consumer protection, unfair competition, anti-discrimination
or false advertising); (e) be defamatory, trade libelous,
unlawfully threatening or unlawfully harassing; (f)
be obscene or contain adult & child pornography
(g) contain any viruses, Trojan horses, worms, time
bombs, cancel bots, Easter eggs or other computer programming
routines that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system,
data or personal information; (h) create liability for
us or cause us to lose (in whole or in part) the services
of our ISPs or other suppliers; and (i) link directly
or indirectly to or include descriptions of goods or
services that: (aa) are prohibited under this Agreement;
(bb) are identical to other items you have up for auction
but are priced lower than your item's reserve or minimum
bid amount; or (cc) you do not have a right to link
to or include. Furthermore, you may not list any item
on the Site (or consummate any transaction that was
initiated using our service) that, by paying to us the
listing fee or the final value fee, could cause us to
violate any applicable law, statute, ordinance or regulation,
or that violates our current Prohibited and Restricted
items list.
Prohibited and
Restricted Items
Unless otherwise mentioned or amended to this agreement
or Site, the following items are either legally Prohibited
or Restricted by sale to the general public by most
local governing agencies and/or Lootstreet.com.
01. Pirated Software
02. Beta Software
03. Brand Name Misuse
04. Charity or Fundraising Listings
05. Comparison Policy
06. Compilation and Informational Media
07. Counterfeit Currency and Stamps
08. Counterfeit Items
09. Downloadable Media
10. Faces, Names and Signatures
11. Firearms, Ammunition, Replicas, and Military equipment
12. Fireworks
13. Hazardous, Restricted, and Perishable Items
14. Human Parts and Remains
15. Lottery Tickets
16. Misleading Titles
17. Pornography Movies
18. Offensive Material
19. Prescription Drugs and Devices
20. Stolen Property
21. Tobacco
22. Unauthorized Copies
23. Used Clothing
24. Weapons and Knives
Bidding
and Buying
Obligation
As a buyer, you are obligated to complete the transaction
with the seller if you confirm the price, which has
been offered by the seller, or when the seller agrees
to the bid made by you unless the transaction is prohibited
by law or by this Agreement. By bidding on an item you
agree to be bound by the conditions of sale included
in the item's description so long as those conditions
of sale are not in violation of this Agreement or unlawful.
Unless you and the seller agree otherwise, you will
become the item's lawful owner upon physical receipt
of the item from the seller. Bids are not retractable
except in exceptional circumstances, such as: when the
seller materially changes the item's description after
you bid; a clear typographical error is made; you cannot
authenticate the seller's identity. If you choose to
bid on mature audience items or items that are restricted
to adult use, you are certifying that you have the legal
right to purchase such items.
Binding Bids
If after the first bid by the buyer for a product the
seller responds by slightly lowering his initial price
and the buyer agrees to the revised price, then the
seller cannot raise the price anymore. Any offer being
sent by the seller to the buyer is a binding offer and
if the seller agrees to it then this deal is concluded.
As the buyer in an auction using a Binding Bid, you
certify that you have read the sellers Conditions of
Sale, and that you are in full compliance BEFORE placing
any and all bids. While the seller MUST outline distinct
(not vague) Conditions of Sale, any buyer not in compliance
with a sellers distinct Conditions of Sale at the end
of an auction disqualifies all bids, the state of the
auction for that item, and leaves the seller without
any sort of liable to the buyer what so ever. The seller
may re-post a new auction for the same item and leave
appropriate feedback for the buyer.
Manipulation
On Lootstreet.com, the Site founder has the option of
allowing sellers to manipulate the price of any item
they offer, effectively allowing the seller to change
the items initial starting price at will, but the new
price cannot be more than the original starting price.
You may not interfere with other user's listings or
transactions without having a prior intent to buy the
item in good faith at any price you place a bid at.
IN ALL CASES BOGUS BIDDING IS PROHIBITED. Nonetheless,
any bidder taking advantage of this fact is obligated
to follow the Sites policies regarding Bidding and Buying.
Feedback
Integrity
You may not take any actions that may undermine the
integrity of the feedback system. We may limit the number
of bids and listings you may place on the Site based
upon the level of your feedback. If you earn substantial
negative feedback, your membership may be suspended,
and you may be unable to list or bid.
Export
You acknowledge that your feedback consists of comments
left by other users and a composite feedback number
compiled by Lootstreet.com, and that the composite number
without the comments does not convey your full user
profile. Because feedback ratings are not designed for
any purpose other than for facilitating trading between
Lootstreet.com users, you agree that you shall not market
or export your feedback rating on Lootstreet.com in
any venue other than Lootstreet.com operated websites.
Import
We do not provide you the technical ability to import
feedback from other (non-Lootstreet.com operated) websites
to Lootstreet.com because a composite number, without
the corresponding feedback does not reflect your true
online reputation within our community.
Arbitration
Matrices
No Warranty
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES
AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES
"AS IS" AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some governing bodies do not allow the disclaimer of
implied warranties, so the foregoing disclaimer may
not apply to you. This warranty gives you specific legal
rights and you may also have other legal rights that
vary from governing body to governing body.
Liability Limit
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS
OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES
OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU
OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED
TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US
IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO
LIABILITY, AND (B) 5000 INR. Some governing bodies do
not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation or
exclusion may not apply to you.
Indemnity
You agree to indemnify and hold us and (as applicable)
our parent, subsidiaries, affiliates, officers, directors,
agents, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third
party due to or arising out of your breach of this Agreement
or the documents it incorporates by reference, or your
violation of any law or the rights of a third party.
Legal Compliance
You shall comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding
your use of our service and your bargaining on, listing,
purchase, solicitation of offers to purchase, and sale
of items.
No Agency
You and Lootstreet.com are independent contractors,
and no agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended or
created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall
be given by postal mail to the Site's posted legal address
(in the case of Lootstreet.com) or to the email address
you provide to Lootstreet.com during the registration
process (in your case). If the Sites posted legal address
is not apparent, you may request it of any official
representative of Lootstreet.com. Notice shall be deemed
given 24 hours after email is sent, unless the sending
party is notified that the email address is invalid.
Alternatively, we may give you notice by certified mail,
postage prepaid and return receipt requested, to the
address provided to Lootstreet.com during the registration
process. In such case, notice shall be deemed given
3 days after the date of mailing.
Resolution of Disputes
In the event a dispute arises between you and Lootstreet.com,
our goal is to provide you with a neutral and cost effective
means of resolving the dispute quickly. Accordingly,
you and Lootstreet.com agree that any claim or controversy
at law or equity that arises out of this Agreement or
our services ("Claims") shall be resolved
in accordance with one of the subsections below or as
otherwise mutually agreed upon in writing by the parties.
Before resorting to these alternatives, we strongly
encourage you to first contact us directly to seek a
resolution and we will consider reasonable requests
to resolve the dispute through alternative dispute resolution
Binding Arbitration
For any Claim (excluding Claims for injunctive or other
equitable relief) where the total amount of the award
sought is less than 10,000 INR, you or Lootstreet.com
may elect to resolve the dispute through binding arbitration
conducted by telephone, on-line and/or based solely
upon written submissions where no in-person appearance
is required. In such cases, an arbitration provider
mutually agreed upon by the parties shall administer
the arbitration. Any judgment on the award rendered
by the arbitrator may be entered in any court having
jurisdiction thereof.
Court
Alternatively, any Claim may be adjudicated by a court
of competent jurisdiction in which Lootstreet.com is
legally founded or the Sites principal place of business.
You and Lootstreet.com agree to submit to the personal
jurisdiction of the courts located within these governing
bodies.
Alternative Dispute
Resolution
Alternatively, Lootstreet.com will consider use of other
alternative forms of dispute resolution, such as binding
arbitration to be held in a location mutually agreed
upon by the parties. All Claims (excluding requests
for injunctive or equitable relief) between the parties
must be resolved using the dispute resolution mechanism
that is selected in accordance with this Section by
the first party to file a Claim. Should either party
file an action contrary to this Section, the other party
may recover Lawyers' fees and costs, provided that the
party seeking the award has notified the other party
in writing of the improperly filed Claim, and the other
party has failed to withdraw the Claim.
General
License
Solely to enable Lootstreet.com to use the information
you supply us with, so that we are not violating any
rights you might have in that information, you agree
to grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable (through multiple tiers)
right to exercise the copyright, publicity, and database
rights (but no other rights) you have in Your Information,
in any media now known or not currently known, with
respect to Your Information. Lootstreet.com will only
use Your Information in accordance with our Privacy
Policy.
Access and Interference
Much of the information on the Site is updated on a
real time basis and is proprietary or is licensed to
Lootstreet.com by our users or third parties. You agree
that you will not use any robot, spider, scraper or
other automated means to access the Site for any purpose
without our express written permission. Additionally,
you agree that you will not: (i) take any action that
imposes, or may impose in our sole discretion an unreasonable
or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works
from, distribute or publicly display any content (except
for Your Information) from the Site without the prior
expressed written permission of Lootstreet.com and the
appropriate third party, as applicable; (iii) interfere
or attempt to interfere with the proper working of the
Site or any activities conducted on the Site; or (iv)
bypass measures we may use to prevent or restrict access
to the Site.
Breach
Without limiting other remedies, we may limit your activity,
immediately remove your bids or item listings, warn
our community of your actions, issue a warning, temporarily
suspend, indefinitely suspend or terminate your membership
and refuse to provide our services to you if: (a) you
breach this Agreement or the documents it incorporates
by reference; (b) we are unable to verify or authenticate
any information you provide to us; or (c) we believe
that your actions may cause financial loss or legal
liability for you, our users or us.
Privacy
We do not sell or rent your personal information to
third parties for their marketing purposes without your
explicit consent and we only use your information as
described in the Privacy Policy. We view protection
of users' privacy as a very important community principle.
We understand clearly that you and your information
is one of our most important assets. We store and process
your information on computers that are protected by
physical as well as technological security devices.
If you object to your Information being transferred
or used in this way please do not use our services.
Contractual Jurisdiction
This Agreement shall be governed in all respects by
the laws of the Sites principal place of business as
such laws are applied to agreements entered into and
to be performed entirely within the Sites principal
place of business between the Sites principal place
of business residents. We do not guarantee continuous,
uninterrupted or secure access to our services, and
operation of the Site may be interfered with by numerous
factors outside of our control. 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. You agree that this Agreement and
all incorporated agreements may be automatically assigned
by Lootstreet.com in accordance with "Notices",
in our sole discretion, 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. This Agreement sets forth the entire
understanding and agreement between us with respect
to the subject matter hereof. Fees and Services with
respect to fees owed for our services, Release, License,
Access and Interference, Liability Limit, Indemnity
and Resolution of Disputes shall survive any termination
or expiration of this Agreement.
Disclosures
The services hereunder are offered by Lootstreet.com,
and are governed by the governing body where the Site
was founded. If you are a citizen of the governing body
where the Site was founded, you may have this same information
emailed to you by sending a letter to the foregoing
address with your email address and a request for this
information. Fees for our services are described within
each bargain. Commercially available parental control
protections (such as computer hardware, software, or
filtering services) are commercially available that
may assist you in limiting access to material that is
harmful to minors. If you are interested in learning
more about these protections, information is available
at various internet sites designed to provide information
on such protections. Disputes between you and Lootstreet.com
regarding our services may be reported to any official
representative of Lootstreet.com. We encourage you to
report all user-to-user disputes to your local law enforcement,
postmaster general, or a certified mediation or arbitration
entity. Each of these policies may be changed from time
to time and are effective immediately after we post
the changes on the Site, except for the Privacy Policy
for which we will provide you with thirty days prior
notice. In addition, when using particular services
on the Site, you agree that you are subject to any posted
policies or rules applicable to services you use through
the Site, which may be posted from time to time. All
such posted policies or rules are hereby incorporated
by reference into this Agreement.
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