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WATCHNET.COM USER AGREEMENT
By using or posting on the Watchnet.com site, you agree to and accept the
following terms:
1. TheTrading Post User
Agreement and the Deal
Watch Forum Guidelines are hereby incorporated by reference.
2. Watchnet is a semi-public or "conditional
use" website. Your privilege to post here is conditioned upon following
the rules set out on the site and in this User Agreement. Watchnet
reserves the right to revoke posting privileges under various
circumstances, including non-compliance with this User Agreement or the
rules of this site, which are incorporated herein.
3. Treat others with respect, and do not
harass, attack, insult or threaten other participants. Slanderous,
defamatory, false, inaccurate, indecent, obscene, offensive, violent, and
abusive language and/or images are not permitted.
4. Do not transmit any material, information,
data, text, files, links, software, or communication that is unlawful,
harmful, abusive, defamatory, vulgar, obscene, or hateful on such bases as
race, sex, religion, national origin, ethnicity, age, or sexual
orientation.
5. Please do not post any message that calls
for or incites violent or illegal behavior, or that might cause or lead to
harm to others. Do not use Watchnet to conduct any activity that is
illegal or to instruct others on how to conduct illegal activity.
6. Please do not transmit material that
violates the property rights, privacy rights, or publicity rights of
others.
7. Always use the same screen name. Do not use Watchnet to impersonate any
person.
8. Do not use Watchnet to collect e-mail
addresses or other personally identifiable information about others, and
do not post or disclose any user's personal information.
9. Do not use Watchnet to advertise, sell or
promote products, businesses, websites, services or events to which you
are related or in which you have a direct or indirect financial interest,
except as permitted by the posted guidelines in Trading Post. Do not post
watches for sale, "want to buys", "want to trades" etc. except in Trading
Post. Do not post links or references to items you are offering for sale
on other sites. Do not post links to or URLs for dealer websites, or any
site offering fake or copy goods.
10. Do not discuss or post images of watches
or related goods in the discussion forums if the goods are on Trading Post
or if they will be offered on Trading Post within 3 days.
11. Please use a consistent identity or screen
name.
12. Trolls, shills and disruptive visitors are
not welcome. A "troll" is a person who makes provocative posts primarily
to upset forum participants or to provoke an argument or heated exchange.
A "shill" is a person with an undisclosed motive or agenda, usually
posting praise for, criticism of, or inquiries about a dealer without
disclosing some relationship to the dealer or a competitor, or the fact
that value was given or received in exchange for or to motivate the post.
Disruptive users include those who instigate or who provoke others
including staff, those with bad attitudes who do not seek to participate
in the positive spirit of the site, and those who seek to upset or cause
distress to others, including staff. These visitors are not welcome. Their
posts may be removed without notice and their posting privileges may be
suspended or revoked.
13. Messages posted on Watchnet sometimes
include links to material posted on other Internet sites. Watchnet does
not necessarily endorse any such sites or the information, products, or
services contained on or accessible through such sites. You access such
sites and the information, products, and services they contain solely at
your own risk. By posting on Watchnet, you grant Watchnet a royalty-free,
nonexclusive license to use, reproduce, modify, publish, distribute, and
display your material worldwide. This paragraph does not apply to content
for which Watchnet has entered into a separate license or purchase
agreement.
14.
Watchnet has designated an agent to
receive notification of claims of copyright infringement. Notices of
infringement should be sent to Michael Sandler at
ms@timezone.com. All claims of
copyright infringement must be directed to this agent and must conform to
the notification procedures of the Digital Millennium Copyright Act. If
your messages are the subject of infringement charges, you will be
contacted as quickly as possible to discuss the take-down and put-back
provisions of the Digital Millennium Copyright Act. Watchnet reserves the
right to revoke your posting privileges, remove your messages, and take
other reasonable measures in appropriate circumstances if you repeatedly
infringe the copyright of others. Watchnet will release the identity of
individual participants upon formal court request.
15. The opinions posted on Watchnet are solely
those of the author and not those of any other person or entity associated
with the ownership, presentation or sponsorship of this website. Watchnet
does not vouch for or warrant the accuracy or completeness of any message,
and Watchnet and its owners and staff are not responsible for the contents of any message. By
providing you with the ability to distribute your content, Watchnet is
acting as a passive conduit for such distribution. Watchnet does not
select the material to be posted, or selectively determine who will
receive the material. Watchnet reserves the right to monitor some, all, or
no areas of its message boards for adherence to these rules or applicable
law. Watchnet reserves the right to remove or edit any post and to revoke
the posting privileges of any person.
16. RELEASE In the event of any dispute
between you and any other party, you release Watchnet and its officers,
directors, agents, parent companies, subsidiaries, employees, contractors, and moderators 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 dispute. If
you are a California resident, you agree to waive California Civil Code
§1542, which says: "A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of
executing the release, which if known by him must have materially affected
his settlement with the debtor."
17. INDEMNITY You agree to indemnify and hold us and (as
applicable) our parent, subsidiaries, affiliates, officers, directors,
agents, employees, contractors, and moderators 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, agreements, or
guidelines it incorporates by reference, or your violation of any law or
the rights of a third party.
18. LIMITATION OF LIABILITY IN NO EVENT SHALL WE BE LIABLE FOR LOST
PROFITS OR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR IN CONNECTION WITH OUR SITE,(HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED
TO $100. Some States do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion
may not apply to you.
19. Miscellaneous. This Agreement shall be governed by the laws of the
State of California without regard for its choice of law privisions. We do not guarantee continuous, uninterrupted
access to our site. If any provision of this Agreement is found to be
invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. Headings are descriptive only
and do not define, limit, or otherwise affect the scope or extent of
each 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.
20. Modification. We reserve the right to amend this agreement from time
to time at our sole discretion.
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