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Terms of ServiceKugli.com
This Agreement explains our obligations to you, and explains your obligations to us for various Kugli.com services. By using our service(s) you agree to establish an account with us for such services or post an ad as a non member. You understand that Kugli.com is a operated by Premier World Ltd., and your details posted on Kugli.com (or any other partner sites) and any other information you provide on Kugli.com site may appear on other Premier World Ltd. sites and other sites where we have syndication agreements. This Agreement will become effective after you / we have setup your Kugli.com account.
As used in this terms and conditions, the following terms have the following meanings respectively. Words given in the singular also may be construed in their plural sense or vice versa if the context so requires.
Kugli.com and/or Premier World Ltd. means the site owned by Kugli.com and operated by Premier World Ltd.
"We" or "Us" or "Our" means Kugli.com and/or Premier World Ltd. as described in above line.
"You" and/or "users" means any individual or business entity who is using this site.
Our services are provided to individuals or companies who can form legally binding contracts under applicable law. If you do not qualify, please do not use the service. We are obligated to advise you that any user, during accessing our site(s), must behave under related law. But we are not responsible for the possible consequence caused by your behavior during using process of Kugli.com and / or Premier World Ltd.. Kugli.com and Premier World Ltd. may, in its sole discretion, refuse the service to anyone at any time.
If you register in Kugli.com, you agree to:
(a) provide true, accurate, current and complete information about yourself and the company you represent
(b) provide your e-mail address, postal address, phone, fax, website address (url) ONLY on site sections and fields where we specifically ask for these details
(c) maintain and promptly update the Registration Content to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Kugli.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete and Kugli.com reserves the right to suspend or terminate your member service.
E-MAIL ADRESS, PASSWORD AND SECURITY
During the registration process, you will name an E-Mail Address and choose a Password. You are solely responsible for maintaining the confidentiality of your E-Mail Address and Password, and are fully responsible for all activities that occur under your Member ID and Password. You agree to (a) immediately notify us of any unauthorized use of your E-Mail Adress or Password or any other breach of security, and (b) ensure that you properly exit the website at the end of each session. We can not and will not be liable for any loss or damage arising from your failure to comply with this Agreement.
Any material, trade offers, companies and so on presented in this site is without warranties. Any information on this site may be inaccurate, incomplete or out of date. We make no commitment to correct or update the materials, and do not check and/or control the content of any information and services or any products or services that may appear on this site. Under no circumstances, we will not be liable for any errors or omissions in any information presented in our site(s) or for any loss or damages of any kind incurred as a result of the use of any information contained on our site(s) also.
Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to Kugli.com or authorizes Kugli.com to display. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site, are hereafter referred to as "Third Party Rights." Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Kugli.com or authorizes Kugli.com to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. Each User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
Each User hereby represents, warrants and agrees that information submitted to Kugli.com for display on the Site shall not:
- violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy;
- contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
- be part of a scheme to defraud other Users of the Site or for any other unlawful purpose;
- be defamatory, libelous, unlawfully threatening or unlawfully harassing;
- be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
- contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
- contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or
- otherwise create any liability for Kugli.com or its partners / affiliates.
- you can not post the same ad with different description in the same or in another category more than once in a period of 30 days, failure to following this rule, may result in ad deletion and account ban;
- for your own protection, you can not include your E-Mail Address into Ad Description, all online responses will be automatically sent to your E-Mail Address;
- you can not use ALL CAPS in ad description;
- the location of ad should be the location where your product is present, if you can not show the product personally to a potential buyer in the specified location, your ad will be deleted and account banned.
Without limitation, you agree to refrain from the following actions while using the Site:
- harassing, threatening, embarrassing or causing distress or discomfort upon another individual or entity or impersonating any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site;
- posting data that violates any law;
- transmitting any information, data, text, files, links, software, chats, communication or other materials that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances;
- posting advertising or solicitation in categories that is not appropriate, or posting the same item or service in more than one category or more than once every 30 days, or posting the same ad in multiple cities on the Site;
- posting adult content or explicit adult material unless: (i) such material is specifically permitted in designated adult categories and permitted under applicable federal, state, and local law; and (ii) you are at least 18 years of age or older and not considered to be a minor in your state of residence;
- posting, anywhere on the Site, obscene or lewd and lascivious graphics or photographs which depict genitalia or actual or simulated sexual acts, as determined in the sole discretion of kugli.com;
- posting any solicitation directly or in âcodedâ fashion for any illegal service exchanging sexual favors for money or other valuable consideration;
- posting any material on the Site that exploits minors in any way;
- posting any material on the Site that in any way constitutes or assists in human trafficking.
- posting any ad for products or services, use or sale of which is prohibited by any law or regulation;
- sending mail, e-mail, voice messages or faxes for solicitation of any other product, or service to a user of the Site unless the user has granted permission in their ad or otherwise allowed contact for solicitation;
- posting data that includes personal or identifying information about another person without that person's explicit consent;
- interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others;
- using any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part of the Site unless expressly permitted by the Site;
- posting data that violates any federal, state, or local equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant;
- sending messages or engaging in disruptive or damaging activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, Trojan horses or any other destructive element;
- gaining or attempting to gain unauthorized access to non-public areas of the Site. In addition, if you have a password to a non-public area of the Site, you may not disclose to, or share your password, with any third parties and/or use your password for unauthorized purposes;
- attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Site; modifying any meta data, copying or duplicating in any manner any of the content; framing of or linking to any of the Site, its content or information available from the Site without the express written consent of agents of the Site;
- using the Site to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity.
- posting free ads promoting links to commercial services or web sites except in areas of the Site where such ads are expressly permitted;
- posting any material advertising weapons the use, carrying, or advertising of which is prohibited by applicable federal, state, or local law. You are solely responsible for complying with any and all laws and/or regulations applicable to the transfer of firearms under both applicable local, state and federal laws. The transfer of firearms is heavily regulated and restricted, and failure to strictly comply with all such laws is a serious crime and may result in criminal prosecution. All transfers of firearms, whether by sale, lease or loan, including private transactions, must go through a licensed firearms dealer. Any exception to these laws, such as air guns, knives, accessories, certain antiques, and some gun parts that may not require transfer by a licensed dealer, should be first confirmed by you prior to purchase. It is your responsibility to comply with all such laws, including any and all city, county, state and Federal laws when accessing or using this site. It is also your responsibility to locate one or more licensed firearm dealers in your area and/or the area of any buyer or seller listing here who are able and willing to assist you with any such transfer. We do not offer any assistance with respect to locating a licensed dealer for your transaction or otherwise with respect to your transaction. By listing any firearm, you represent and warrant to us that you legally own and possess the item you wish to list here and have fully complied with and will continue to fully comply with all laws and regulations applicable to your listing, transfer and/or sale. By agreeing to purchase any firearm, you represent and warrant to us that you are of legal age, and are not otherwise prohibited by law from purchasing, transferring, owning, or possessing the firearm listed, and that you have fully complied with and will continue to fully comply with all laws and regulations applicable to your transfer or purchase.
MONITORING OF INFORMATION
We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.
Kugli.com reserves the right to post reports of scam or deception received about those who have violated this Agreement or the law or misused this Website or other similar services for illegal or unethical purpose or monetary gain.
Kugli.com reserves the right, but has no obligation to monitor the materials posted in any area of the Service. Kugli.com shall have the right to remove any such material that violates, or is alleged to violate, the law or this agreement. Kugli.com has no liability or responsibility to Users for performance or nonperformance of such activities. Kugli.com reserves the right to expel Users and prevent their further access to the Website for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
Our site(s) may contain links to other web sites. Since we provide those sites as a convenience to our users and do not control them, we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such third party sites.
Registering a member account and using the basic services are free of charge. (The premium services incur based upon the level of service. All fees and performed services are refundable within 7 days of placing your order. In order to process a refund, you must request the refund within 7 calendar days of your date of purchase. To request a refund, just contact us.) We reserve the right to modify the charging clause and we will notify you of the changed clause immediately. Please note that you are responsible for paying all applicable taxes and duties and for all hardware, software, service and other costs you incur to trade or access our servers. We reserve the right to change or discontinue, temporarily or permanently, some or all of the service at any time without notice.
Upon receipt of your order, the services will be performed to you in accordance with the terms applicable to the services that you purchased. The nature of the services you purchased and the date of your purchase may impact the timing of performance of the services. The services will be deemed to be successfully delivered to you upon performance of the services.
We reserve the right to terminate your member service at any time or for any reason, with or without notice. Once your member service is terminated you agree not to post a message on our site(s), or to assist or cause another person to post a messages on your behalf.
Members can select to terminate their membership at any time, by sending us an email through their e-mail account used at registration especially mentioning the account e-mail address and the user password.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR AGENTS, SUPPLIERS, AND SUBCONTRACTORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR AGENTS, SUPPLIERS, AND SUBCONTRACTORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO .
GOVERNING LAW AND DISPUTE RESOLUTION
The validity, performance, construction and effect of this terms and condition shall be governed exclusively by the laws of Romania without recourse to any principles of conflict of laws. Also, in case of any controversy, dispute, claim, or similar matter arising out of, resulting from, or in connection with this terms and conditions or a breach hereof, the parties shall seek to resolve the matter amicably through discussions between themselves. Should such efforts be unavailing, and the parties fail to resolve such case, controversy, dispute, claim, or similar matter within sixty (60) days, the parties shall resolve such dispute through arbitration in Satu Mare, Romania in accordance with the Commercial Arbitration Rules of Romania. The arbitration shall be conducted in English and / or Romanian and the decision rendered therein shall be final and binding upon the parties.
Also, we will not interfere or become involved in any transactions between members. All transactions will be the responsibility of the members only.
All notices or demands to or upon Kugli.com shall be effective if in writing and shall be duly made when sent to Kugli.com in the following manner: to the address of Premier World Ltd.: Legal Department.
All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Kugli.com, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when
- Kugli.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
- immediately upon posting such notice on an area of the Site that is publicly accessible without charge.