|These "Terms and
Conditions" govern your use of Traders-Business.com. They also provide notice of some
of Traders-Business.com's policies. Please read these carefully.
If you do not accept the Terms and Conditions stated here, do not use this
web site and service. By using this web site, you are indicating your acceptance to be
bound by these Terms and Conditions. Traders-Business.com may revise these Terms and
Conditions at any time at its sole discretion by updating this posting. You should visit
this page periodically to review them, because they are binding on you. The terms
"You" and "User" as used herein refer to all individuals and/or
entities accessing this web site for any reason.
USE OF MATERIAL
Traders-Business.com authorizes you to view and download a single copy of the material on
Traders-Business.com (the "Web Site") solely for your personal use.
The contents of this Web Site, such as the "look" and
"feel" of the Web Site, text, graphics, images, logos, button icons, software
and other "Material", are protected under Ukrainian and foreign copyright,
trademark and other laws. All Material is the property of Traders-Business.com or its
content suppliers or customers. The compilation (meaning the collection, arrangement and
assembly) of all content on this Web Site is the exclusive property of
Traders-Business.com and protected by Ukrainian and international copyright laws.
Unauthorized use of the Material may violate copyright, trademark, patent and other laws.
You must retain all copyright, trademark, service mark and other proprietary notices
contained in the original Material on any copy you make of the Material. You may not sell
or modify the Material or reproduce, display, publicly perform, distribute, or otherwise
use the Material in any way for any public or commercial purpose. The use of the Material
on any other web site or in a networked computer environment for any purpose is
You shall not copy or adapt the HTML or other code that
Traders-Business.com creates to generate its pages. It is also protected by
ACCEPTABLE SITE USE
In connection with your use of the Web Site, you will not:
Post, transmit, distribute, store, upload, or destroy material in
violation of any applicable local, state, national, or international law or regulation, or
in a manner that will infringe the copyright, trademark, trade secret, patent or other
intellectual property rights of others or violate the privacy, publicity or other personal
rights of others.
Post or transmit any message, information, data, text, software
or images, or other materials ("Content") that is unlawful, harmful,
threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, tortuous otherwise
objectionable or that may invade another's right of privacy or publicity.
Impersonate any person or entity, including without limitation a
Traders-Business.com employee or agent, an authorized user of Traders-Business.com's
services, a trader, trade representative, or otherwise misrepresent your affiliation with
any person or entity.
Post or transmit any Content that you do not have a right to
reproduce, display or transmit under any law or under contractual or fiduciary
relationships (such as nondisclosure agreements or the data of an individual other than
Delete or modify any material posted by any other person or
entity not related to you.
Print out or otherwise copy or use any personally identifiable
information about traders for purposes other than consideration of the candidates for
potential business activity with your company.
Communicate, send, or place unsolicited e-mail, telephone calls,
mailings or other contacts to posting individuals and entities.
Register an e-mail address that you do not own or for which you
do not have the express permission of the owner to register.
Violate or attempt to violate the security of the Web Site,
including, without limitation:
- accessing data not intended for such user or logging into a server or account that the
user is not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network, including, without
limitation, submitting a virus or corrupted data to the Web Site, overloading, continuous
posting of repetitive text, "flooding", "spamming",
"mailbombing" or "crashing";
- sending unsolicited advertising, promotional materials, e-mail, "junk mail",
"chain letters", or any other form of solicitation;
- forging any TCP/IP packet header or any part of the header information in any e-mail or
Violations of system or network security may result in civil or
criminal liability. Traders-Business.com will investigate occurrences that may involve
such violations and may involve, and cooperate with, law enforcement authorities in
prosecuting users who are involved in such violations.
USE OF SECURE AREA AND PASSWORD
Use of any password-protected area of the web site is restricted to the registered user
who has been given permission and a password to enter such area. This password cannot be
distributed to others, and the registered user is responsible for any and all damages to
Traders-Business.com resulting from the distribution of his or her password. You are
responsible for maintaining the confidentiality of your information and password.
You shall be responsible for all uses of your registration,
whether or not authorized by you. You agree to immediately notify Traders-Business.com of
any unauthorized use of your registration or password.
Traders-Business.com acts as a passive conduit for the online distribution and publication
of user-submitted information and has no obligation to screen communications or
information in advance and is not responsible for screening or monitoring material posted
by users. If notified by a user of communications, which allegedly do not conform to these
Terms and Conditions, Traders-Business.com may investigate the allegation and determine in
good faith and its sole discretion whether to remove or request the removal of the
communication. Traders-Business.com has no liability or responsibility to users for
performance or nonperformance of such activities. Traders-Business.com reserves the right
to expel users and prevent their further access to the Web Site for violating the Terms
and Conditions or the law and the right to remove communications which are abusive,
illegal, or disruptive. Traders-Business.com may take any action with respect to
user-submitted information that it deems necessary or appropriate in its sole discretion
if it believes it may create liability for Traders-Business.com or may cause
Traders-Business.com to lose (in whole or in part) the services of its ISPs or other
By submitting content to any public or non-public area of the Web
Site, including message boards, forums, contests and chat rooms, you grant
Traders-Business.com and its affiliates the royalty-free, perpetual, irrevocable, multi
tier, non-exclusive right (including any moral rights) and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute, communicate
to the public, perform and display the content (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media, or technology now known or later
developed, for the full term of any rights that may exist in such content. You also
warrant that the holder of any rights, including moral rights in such content, has
completely and effectively waived all such rights and validly and irrevocably granted to
you the right to grant the license stated above. You also permit any subscriber to access,
display, view, store and reproduce such content for personal use. Subject to the
foregoing, the owner of such content placed on the Web Site retains any and all rights
that may exist in such content.
MEMBERSHIP AND BILLING
Traders-Business.com offers various levels of memberships for its
users. The following details rules and details governing membership and billing:
Basic membership for Trade Representatives is FREE. Basic membership includes searching
offers, accessing trade related resources, and those areas Traders-Business.com may
designate as FREE access areas for Trade Representatives.
Traders-Business.com may offer Trade Representatives enhanced
membership services either through Traders-Business.com or other third-party providers.
Such enhanced services may include but are not limited to: upgraded offer positions, mass
offer distribution, third party reference checking, etc. These services may be offered on
a pay-for-use basis. User agrees by accessing these services to be responsible for all
fees associated with said services and that since these services are delivered on a pay
for use basis that user waives any and all rights to refunds once they have accessed and
or used such services.
Traders-Business.com charges users for 'my offers' upgrade
positions and access to 'contact details' of other members. Annual memberships and
upgrading services are billed to a user's credit card only once. If a user registers for
an annual membership on the 1st of January, they will not be billed again on the 1st of
January the next year.
Traders-Business.com will notify users 14 days in advance of
membership expiration, any changes in billing procedures and / or pricing changes. User
agrees to be bound by any changes to the billing procedures and / or pricing changes,
unless user notifies Traders-Business.com in accordance with it's user cancellation
procedures detailed in the current terms and conditions.
Termination of Membership
Traders-Business.com reserves the right to suspend or terminate a user's membership for
any violation of the Traders-Business.com's Terms and Conditions. Such termination or
suspension may include removal of all current postings and termination of user's access to
view data. Should a user's account be terminated for violation for the
Traders-Business.com's Terms and Conditions, user waives any and all right to receive
refunds of any and all unused portions of remaining membership, regardless of whether
member has paid in advance for membership privileges.
Cancellation of Membership by User
Trade Representatives annual membership may be canceled at any time. Unused months of an
annual membership will not be re-funded.
In connection with your use of the vendor management tools, Traders-Business.com has not
undertaken to act as the representative of either Seller or Buyer. Traders-Business.com
will not act as an advocate of any Seller or Buyer in its dealings with each other.
Sellers and Buyers are responsible for negotiating all financial arrangements directly
with each other, and to seek all remedies and redress directly from each other in the
event of any dispute with respect to the placement of an offer.
Traders-Business.com is only a venue. This Web Site acts as a venue for companies to post
offers and to interact with their placement vendors and for traders to post own data for
the purpose of evaluating trade opportunities for themselves. Traders-Business.com does
not screen or censor the profiles or other information. Traders-Business.com is not
involved in the actual transaction between Sellers and Buyers or companies and trade
representatives. As a result, Traders-Business.com has no control over the quality, safety
or legality of the data posted, the truth or accuracy of the listings, the ability of
companies to offer trade opportunities to site users. In addition, note that there are
risks, including but not limited to the risk of physical harm, of dealing with strangers,
foreign nationals, underage persons or people acting under false pretenses. You assume all
risks associated with dealing with other users with whom you come in contact through the
TRADERS-BUSINESS.COM DOES NOT WARRANT THAT THE WEB SITE WILL
OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR
OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TRADERS-BUSINESS.COM IS NOT RESPONSIBLE FOR
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TRADERS-BUSINESS.COM, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE
WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TRADERS-BUSINESS.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL TRADERS-BUSINESS.COM, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON
THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR
BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE
MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT TRADERS-BUSINESS.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LINKS TO OTHER SITES
The Web Site contains links to third party web sites. These links are provided solely as a
convenience to you and not as an endorsement by Traders-Business.com of the contents on
such third party Web sites. Traders-Business.com is not responsible for the content of
linked third-party sites and does not make any representations regarding the content or
accuracy of materials on such third party Web sites. If you decide to access linked third
party Web sites, you do so at your own risk.
NO RESALE OR UNAUTHORIZED COMMERCIAL USE
You agree not to resell or assign your rights or obligations under these Term and
Conditions. You also agree not to make any unauthorized commercial use of the Web Site.
You agree to defend, indemnify, and hold harmless Traders-Business.com, its officers,
directors, employees and agents, from and against any claims, actions or demands,
including without limitation reasonable legal and accounting fees, alleging or resulting
from your use of the Material or your breach of the terms of these Terms and Conditions.
Traders-Business.com shall provide notice to you promptly of any such claim, suit, or
proceeding and shall assist you, at your expense, in defending any such claim, suit or
Last reviewed: 17 October 2004