MEMBER ACCOUNT, PASSWORD AND SECURITY
You will create a username and password upon completing Professional
Vendors registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for
all activities that occur under your password or account. You agree to
immediately notify Professional Vendors of any unauthorized use of your
password or account or any other breach of security.
MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials "Content"
whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This
means that you, and not Professional Vendors is entirely responsible for
all Content that you upload, post, email, transmit or otherwise make
available via the Service. Professional Vendors does not control the
Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. Under no circumstances
will Professional Vendors be liable in any way for any Content, including,
but not limited to, any errors or omissions in any Content, or for any
loss or damage of any kind incurred as a result of the use of any Content
posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
A upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
B Harm minors in any way;
C Impersonate any person or entity, including, but not limited to, a
Yahoo! official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
D Forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
E Upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
F Upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
G Upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping rooms) that are
designated for such purpose (please read our complete Spam Policy);
H Upload, post, email, transmit or otherwise make available any material
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;
I Disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of the Service are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage in real time
exchanges;
J Interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
K "Stalk" or otherwise harass another; or
L Collect or store personal data about other users.
You acknowledge that Professional Vendors may or may not pre-screen
Content, but that Professional Vendors shall have the right in their sole
discretion to pre-screen, refuse, or move any Content that is available
via the Service. Without limiting the foregoing, Professional Vendors and
its designees shall have the right to remove any Content that violates the
TOS or is otherwise objectionable. You agree that you must evaluate, and
bear all risks associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness of such Content. In
this regard, you acknowledge that you may not rely on any Content created
by Professional Vendors or submitted to Professional Vendors.
You acknowledge, consent and agree that Professional Vendors may access,
preserve, and disclose your account information and Content if required to
do so by law or in a good faith belief that such access preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce the TOS; (c) respond to claims that any Content violates the
rights of third-parties; (d) respond to your requests for customer
service; or (e) protect the rights, property, or personal safety of
Professional Vendors, its users and the public.
ACCEPTANCE
By using Professional Vendors services and/or products, you agree,
without limitation or qualification, to be bound by, and to comply
with the Terms and Conditions listed below.
UNATHORIZED USE
Illegal
or unauthorized use of the Site, including, but not limited to,
unauthorized framing of or linking to the Site, or unauthorized use
of any robot, spider or other automated devise on the site, will be
investigated and appropriate legal action will be taken.
VIOLATION OF THE TERMS
You
understand and agree that in Professional Vendors sole discretion,
and without prior notice, Professional Vendors may terminate your
access to the Site, cancel your membership or exercise any other
remedy available and remove any unauthorized user content, if
Professional Vendors believes that the User content you provided has
violated or is inconsistent with these Terms of Use. Professional
Vendors is not required to provide any refund to you if you are
terminated as a User because you have violated these Terms of Use.
For more information about how we handle copyright infringements on
the Site, please see our Copyright Policy below.
INDEMNITY
You
agree to indemnify and hold Professional Vendors, its subsidiaries,
affiliates, officers and employees, harmless from any loss,
liability, claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your use of the
Site, including also your use of the Site to provide a link to
another site or to upload content or other information to the Site.
DISPUTES
If
there is any dispute about or involving the Site, by using the Site,
you agree that the dispute will be governed by the laws of the State
of New York without regard to its conflict of law provisions. You
agree to personal jurisdiction by as well as venue in the state and
federal courts of the State of New York.
COPYRIGHT POLICY
We
will terminate the privileges of any member or user who uses
Professional Vendors to unlawfully transmit copyrighted material
without a license, express consent, valid defense or fair use
exemption to do so. In particular, users who submit Content to this
Site, whether articles, images, stories, software or other
copyrightable material must ensure that the Content they upload does
not infringe the copyrights or other rights of third parties (such as
privacy or publicity rights). After proper notification by the
copyright holder and confirmation through court order or admission by
the user that they have used this Site as an instrument of unlawful
infringement, we will terminate the infringing users' rights to use
and/or access to this Site. We may, also in our sole discretion,
decide to terminate a user's rights to use or access Professional
Vendors prior to that time if we believe an alleged infringement has
occurred.
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