WILD GARRY Content. Information, text, images, video clips, directories, files, databases or offers available on or through the Site are hereinafter referred to as "WILD GARRY Content.” Registered User. Each User who has filled out a registration form on the Site by giving User information (such as name, address, telephone number, fax number, email address, etc.) is a registered user (“Registered User”) of WILD GARRY. WILD GARRY will establish an account ("Account") for each Registered User on the Site and each Registered User will be assigned a user alias ("User Name") and password ("Password") for login access to its Account on the Site. Third-Party Content. Some of the WILD GARRY Content displayed on the Site is provided or posted by third parties, hereinafter referred to as “Third Party Content.” Third-Party Rights. Third party copyrights, trademarks, trade secrets, patents, and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site, are hereafter referred to as "Third Party Rights." Transaction Risks. The risks assumed by Users when using the Site or conducting transactions are deemed "Transaction Risks." Transaction Risks include risks of liability or harm of any kind in connection with using the Site. Such risks shall include, but are not limited to: Misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, and breach of contract. Risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands, or claims by Third Party Rights claimants Risks that consumers, other purchasers, end-users of products, or others claiming to have suffered injuries or harms relating to a product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with WILD GARRY as a registered User. A User includes any person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
Prohibited behavior. Each User hereby represents, warrants and agrees that information submitted to WILD GARRY for display on the Site shall not: 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; Be part of a scheme to defraud other Users of the Site or for any other unlawful purpose; Relate to the sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any Third Party Rights; Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti–discrimination or false advertising); Be defamatory, libelous, unlawfully threatening or unlawfully harassing; Be obscene or contain or infer any pornography or sex–related merchandising or any other content that otherwise promotes sexually explicit materials or is otherwise harmful to minors; Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming); Solicit business from any Users in connection with a commercial activity that competes with RNDPlace. Furthermore, in the event that WILD GARRY determines that User has violated this Section 5.4(i), User authorizes WILD GARRY to levy a fine of up to $150.00 against the User’s registered payment method on file with RNDPlace, and/or require a deposit of up to $300.00 to reactive the User’s Account; Contain any computer viruses, Trojan horses, worms 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; Link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or Otherwise create any liability for RNDPlace, its employees, directors or its affiliates. Third Party Rights. Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark, trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to WILD GARRY or authorizes WILD GARRY to display. Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to WILD GARRY or authorizes WILD GARRY to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. Each User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights. Grant of license. Each User hereby grants an irrevocable, perpetual, worldwide and royalty–free, sub–licensable (through multiple tiers), assignable license to WILD GARRY and its affiliates to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the rights you have in such material or information, including, but not limited to, copyright, publicity, and database rights, in any media now known or not currently known. Removal of Material. WILD GARRY reserves the right in its sole and absolute discretion to remove any material displayed on the Site, including material which it believes in its sole and absolute discretion is unlawful, could subject WILD GARRY to liability, violates this Agreement, or is otherwise deemed inappropriate. WILD GARRY reserves the right to cooperate fully with governmental authorities, private investigators, and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, WILD GARRY may disclose the identity and contact information of any User if requested to do so by a government or law enforcement body, an injured third party, a subpoena, or any other legal action, and WILD GARRY shall not be liable for damages or any other consequences thereof. User further agrees that it will not bring any action or claim against WILD GARRY for such disclosure. In connection with any of the foregoing, WILD GARRY may suspend or terminate the Account of any User as WILD GARRY deems appropriate in its sole and absolute discretion. User agrees that WILD GARRY shall have no liability to User, including liability for consequential or any other damages, in the event WILD GARRY takes any of the actions mentioned in this Section, and User agrees to bear the risk that WILD GARRY may take such actions.
Right to assume defense and control. WILD GARRY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with WILD GARRY in asserting any available defenses. WILD GARRY reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall WILD GARRY or any of its affiliates, directors, officers, or employees be liable to the User or to any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise). Third-Party Content. WILD GARRY is not the author of Third Party Content, whether contributed by anonymous users or paid content providers. Neither WILD GARRY nor any of its affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of our display of Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. Neither WILD GARRY nor any of its affiliates, directors, officers or employees is responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance on such Third Party Content. In addition, neither WILD GARRY nor any of its affiliates, directors, officers or employees is responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct. Third-Party Websites. WILD GARRY may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's website. User acknowledges that WILD GARRY has no control over such third party websites, does not monitor such websites, and neither WILD GARRY nor any of its affiliates, directors, officers or employees shall be responsible or liable to anyone for such website, or any content, products or services made available on such website. User is cautioned to read such websites’ terms and conditions and privacy policies before using such third party websites in order to be aware of the terms and conditions of your use of such websites.
General. WILD GARRY is the sole owner or lawful licensee of all the rights to the Site and the WILD GARRY Content. The Site and the WILD GARRY Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and the WILD GARRY Content shall remain with RNDPlace, its affiliates, or licensors of the WILD GARRY Content, as the case may be. All rights not otherwise claimed under this Agreement or by WILD GARRY are hereby reserved.
You and WILD GARRY agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the WILD GARRY User Agreement, your use of or access to the Site, the Services, or any products or services sold or purchased through RNDPlace’ sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and WILD GARRY have against each other are resolved. In no event shall an award in an arbitration initiated under this clause exceed the greater of a) the amount of the specific transaction in dispute, b) the amount of fees in dispute not to exceed the total fees which User paid to WILD GARRY in the 12 months prior to the action giving rise to the liability, or c) $100. Costs. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. Confidentiality. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND WILD GARRY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WILD GARRY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER WILD GARRY USERS.