THE
FOLLOWING DESCRIBES THE TERMS ON WHICH PAMPAEQUINA.COM
OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the user agreement (the "Agreement"
or "User Agreement") for Pampaequina.com. This
Agreement describes the terms and conditions applicable
to your use of our services available under the domain
and sub-domains of Pampaequina.com(the "Site")
and the general principles for the websites of our international
affiliates. If you do not agree to be bound by the terms
and conditions of this Agreement, do not 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 Pampaequina.com. We
strongly recommend that, as you read this User Agreement,
you also access and read the information contained in
the other pages and websites referred to in this document,
as they may contain further terms and conditions that
apply to you as an Pampaequina.com user. Please note:
underlined words and phrases are links to these pages
and websites. By accepting this User Agreement, you also
agree that your use of other Pampaequina.com websites
will be governed by the User Agreement and Privacy Policy
posted on those websites.
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. In addition,
we will notify you in accordance with your notification
preferences. This Agreement may not be otherwise amended
except in a writing signed by you and Pampaequina.com.
This Agreement is effective upon acceptance in registration
for new registering users, and is otherwise effective
on October 1st 2005 for all users.
1. 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
Pampaequina.com members. If you are a 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 Pampaequina.com account (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.
2. Fees and Services.
Once the site launch promotion at no cost is over (90
days), advertising your horse for sell will have a cost
fee asociated. This cost fee will be comunicated shortly.
Each ad will have a maximun period of 60 days and can
be renewed if customers required.
10 days before the end of the promotional launch every
registered user will be notify that they must pay the
ad fee in they want to keep their horses live advertised.
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.
Our Fees and Credits Policy is available and is incorporated
into this Agreement by reference. We may change our Fees
and Credits Policy and the fees for our services from
time to time. Our changes to the policy are effective
after we provide you with at least fourteen (14) 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 U.S. Dollars. You are responsible
for paying all fees associated with using our service
and the Site and all applicable taxes.
3. Pampaequina.com is a
Tool.
3.1 Pampaequina.com is not an Auctioneer.
Although we may commonly be referred to as an online 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 variety
of pricing formats, including a fixed price format and
an auction-style format commonly referred to as "online
auctions" or "auctions." 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, and nothing in this agreement
shall modify the governing provisions, under which legal
ownership of an item is transferred upon physical delivery
of the item to the buyer by the seller.
3.2 Fixed Price Marketplace. We also
offer you the availability to purchase items at a fixed
price. This area is a venue that allows users to find
and purchase items from other sers at a fixed price.
3.3 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,
Pampaequina.com cannot and does not confirm each user's
purported identity. Thus, we have established a user-initiated
feedback system to help you evaluate with whom you are
dealing. We also encourage you to communicate directly
with potential trading partners through the tools available
on the Site. You may also wish to consider using a third
party escrow service or services that provide additional
user verification.
3.4 Release. Because we are a venue,
in the event that you have a dispute with one or more
users, you release Pampaequina.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
3.5 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
Pampaequina.com is not responsible for the acts or omissions
of users on the Site.
4. Buying.
As a buyer, you are obligated to complete the transaction
with the seller:
a. if you purchase an item through one of our fixed price
formats
By buying 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. Purcahes
are not retractable except in exceptional circumstances,
such as: when the seller materially changes the item's
description after you parchase agreement; a clear typographical
error is made; you cannot authenticate the seller's identity;
or when the seller does not confirm your parchase.
5. Listing and Selling.
5.1 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.
5.2 Fraud. Without limiting any other
remedies, Pampaequina.com may suspend or terminate your
account if we suspect that you (by conviction, settlement,
insurance or escrow investigation, or otherwise) have
engaged in fraudulent activity in connection with the
Site.
5.3 Pampaequina.com program works to
ensure that listed items do not infringe upon the copyright,
trademark or other rights of third parties. Participants
and other rights owners can report listings offering infringing
items, and request that such items be removed. VeRO
5.4 Manipulation. Neither you, nor sellers
may manipulate the price of any item nor may you interfere
with other user's listings or transactions.
6. Your Information.
6.1 Definition. "Your Information"
is defined as any information you provide to us or other
users in the registration, or listing process, in any
public message area (including the Cafe 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.
6.2 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, antidiscrimination or false advertising);
(e) be defamatory, trade libelous, unlawfully threatening
or unlawfully harassing; (f) be obscene or contain child
pornography or, if otherwise adult in nature or harmful
to minors, shall be posted only in the Mature Audiences
section and shall be distributed only to people legally
permitted to receive such content; (g) contain any viruses,
Trojan horses, worms, time bombs, cancelbots, 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 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 but are
priced lower than your item's reserve or minimum amount;
(cc) are concurrently listed for sale on a web site other
than Pampaequina.com’s (this does not prevent linking
to or advertising an Pampaequina.com item from another
web site); or (dd) 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, quesionable and Infringing
items.
6.3 License. Solely to enable Pampaequina.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, sublicensable (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. Pampaequina.com will
only use Your Information in accordance with our Privacy
Policy.
7. Access and Interference.
The Site contains robot exclusion headers. Much of the
information on the Site is updated on a real time basis
and is proprietary or is licensed to Pampaequina.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 Pampaequina.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 our robot exclusion headers
or other measures we may use to prevent or restrict access
to the Site.
8. Feedback.
8.1 Integrity. You may not take any actions
that may undermine the integrity of the feedback system.
We may limit the number of listings you may place on the
Site based upon the level of your feedback. If you earn
a negative feedback your membership may be suspended,
and you may be unable to list or bid.
8.2 Export. You acknowledge that your
feedback consists of comments left by other users and
a composite feedback number compiled by Pampaequina.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 Pampaequina.com users, you agree that
you shall not market or export your Pampaequina.com feedback
rating in any venue other than an Pampaequina.com operated
website.
8.3 Import. We do not provide you the
technical ability to import feedback from other (non-Pampaequina.com
operated) websites to Pampaequina.com because a composite
number, without the corresponding feedback does not reflect
your true online reputation within our community.
9. Breach.
Without limiting other remedies, we may limit your activity,
immediately remove your 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.
10. 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 located in Argentina that are protected by
physical as well as technological security devices. We
use third parties to verify and certify our privacy principles.
If you object to your Information being transferred or
used in this way please do not use our services.
11. 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.
12. 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 GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN
THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY,
AND (B) $100.
13. 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.
14. Legal Compliance.
You shall comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your
use of our service and your bidding on, listing, purchase,
solicitation of offers to purchase, and sale of items.
15. No Agency.
You and Pampaequina.com are independent contractors, and
no agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended or created
by this Agreement.
16. Notices.
Except as explicitly stated otherwise, any notices shall
be given by postal mail to Pampaequina.com Attn: Gral.
Enrique Martinez 1273 2 p “D” Capital Federal, Buenos
Aires, Argentina, or to the email address you provide
to Pampaequina.com during the registration process (in
your case). 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 Pampaequina.com
during the registration process. In such case, notice
shall be deemed given 3 days after the date of mailing.
17. Resolution of Disputes.
In the event a dispute arises between you and Pampaequina.com,
our goal is to provide you with a neutral and cost effective
means of resolving the dispute quickly. Accordingly, you
and Pampaequina.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 procedures,
such as mediation, as an alternative to litigation.
17.1 Binding Arbitration. For any Claim
(excluding Claims for injunctive or other equitable relief)
where the total amount of the award sought is less than
$1,000, you or Pampaequina.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, the
arbitration shall be administered by the Arbitration Association
specified in accordance with their applicable rules, or
any other established AA provider mutually agreed upon
by the parties. Any judgment on the award rendered by
the arbitrator may be entered in any court having jurisdiction
thereof.
17.2 Court. Alternatively, any Claim
may be adjudicated by a court of competent jurisdiction
located in Capital Federal, Argentina or where the defendant
is located (in our case Capital Federal, Argentina. You
and Pampaequina.com agree to submit to the personal jurisdiction
of the courts located within Capital Federal, Argentina.
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
17, the other party may recover attorneys' fees and costs
up to $1000, 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.
18. Additional Terms.
The following policies are incorporated into this Agreement
by reference and provide additional terms and conditions
related to specific services offered on the Site: Privacy
Policy,Listing Policy.
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.
19. General.
This Agreement shall be governed in all respects by the
laws of Capital Federal, Argentina as such laws are applied
to agreements entered into and to be performed entirely
within Argentina. 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 Pampaequina.com in accordance
with Section 16 "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. Sections
2 (Fees and Services) with respect to fees owed for our
services, 3.4 (Release), 6.3 (License), 7 (Access and
Interference), 12 (Liability Limit), 13 (Indemnity) and
17 (Resolution of Disputes) shall survive any termination
or expiration of this Agreement.
20. Disclosures.
The services hereunder are offered
by Pampaequina.com., located at Gral. Enrique Martinez
1273 2 p “D” Capital Federal, Buenos Aires, Argentina
. If you reside outside of Argentina, the services are
offered by Pampaequina.com..
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 http://www.safetysurf.com/ or other analogous
sites providing information on such protections. The preceding
link is provided for information purposes only, and is
not intended as an endorsement of SafetySurf.com's Internet
site, services, or policies. Pampaequina.com is not affiliated
with SafetySurf.com.
Disputes between you and Pampaequina.com regarding our
services may be reported to Customer Support. We encourage
you to report all user-to-user disputes to your local
law enforcement, postmaster general, or a certified mediation
or arbitration entity.
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