Terms of Use Agreement
This Terms of Use Agreement (the "Agreement") describes the terms and conditions applicable to your use of the Ilaktra website which is identified by the uniform resource locator www.ilaktra.com (the "Site"). This Agreement is entered into between you as the user of the Site (the "User") and Ilaktra.
1. Application and Acceptance
1.1 For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether such User has registered with Ilaktra as a registered user or whether such User is a paying customer for a specific service provided by Ilaktra. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
1.3 This Agreement applies to each Premium Service (as defined below) in addition to any terms and conditions that may be applicable to such specific Premium Service provided, however, that(a) in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such Premium Service and any provision of this Agreement, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to Ilaktra and/or its affiliates; and(b) only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the terms and conditions applicable to such specific Premium Service shall prevail.
1.4 Ilaktra may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by Ilaktra of the amended and restated Agreement and your continued use of the Service shall be deemed to be acceptance of the amended terms. Also, the amended and restated Service will be applied retroactively to our Members. This Agreement may not otherwise be modified, except in writing by an authorized officer of Ilaktra.
2. Premium Services
2.1 Access to the Site and certain of its features are provided to all Users free of charge. However, Ilaktra reserves the right, without prior notice, to restrict access to certain areas or features of the Site ("Premium Services") to paying Users or Users who undergo a specific registration process. Access to and use of these Premium Services are governed by additional terms and conditions under separate agreements in addition to this Agreement.
2.2 Ilaktra reserves the right to deny Premium Services to any User for whatever reason in order to protect Ilaktra's interests.
3. General Users
3.1 Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "Ilaktra Content") for the purpose of reselling or re-distributing the Ilaktra Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with Ilaktra, or otherwise commercially exploiting the Ilaktra Content. Systematic retrieval of Ilaktra Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Ilaktra is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
5. Users Who Post Information on Ilaktra
5.1 You must be a Registered User in order to post information on the Site using the self-help submit and edit tools provided through the Site. Your status as a Registered User is governed by the provisions of Section 4 above.
5.2 No sales agency relationship is created between any User and Ilaktra, our affiliates, directors, officers or employees by virtue of Ilaktra's display of any of the User's information on the Site.
5.3 Each User hereby represents, warrants and agrees to(a) provide Ilaktra with true, accurate, current and complete information to be displayed on the Site and(b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sublicensable (through multiple tiers) license to Ilaktra to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known
6. Release
6.1 You hereby agree to release Ilaktra, our affiliates, and their respective officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Services provided to users by Ilaktra or through the Site and those arising from the content posted on the Site by other users.
7. User Privacy
7.1 Ilaktra may collect registration and other information about you through the Site. Our collection and use of this information is governed by our Privacy Policy available at www.ilaktra.com/privacy-policy.
7.2 We do not guarantee the accuracy, completeness, or usefulness of any information on the Site, and neither do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances are we responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Site, transmitted to or by any users, or transmitted to or by any third-party.
8. Disclaimer of Warranties; Limitation of Liability
8.1 Ilaktra, our affiliates, and their respective officers, directors, agents, joint ventures, employees, and suppliers provide the Services as is and without any warranty or condition, express, implied, or statutory. We do not warrant that the Services will be uninterrupted, secure, or error-free.
8.2 In no event shall Ilaktra, our affiliates, and their respective officers, directors, agents, joint ventures, employees, or 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 affiliates, and their respective officers, directors, agents, joint ventures, employees, and suppliers, to you or any third parties in any circumstance, is limited to the greater of (a) the amount of fees you pay to us in the twelve months prior to the action giving rise to liability, and (b) $100. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
9. Indemnification
9.1 You agree to indemnify and hold Ilaktra and its affiliates and their respective officers, directors, agents, joint ventures, employees, and suppliers, 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.
10. Legal Compliance; Taxes
10.1 You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
10.2 You are responsible for paying any and all taxes associated with using and accessing Ilaktra and our services. Except as otherwise provided herein, we shall not be responsible for withholding or collecting any taxes on your behalf.