Application of and Acceptance of Terms and Conditions.
1.1 - For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether such User has registered with Comotrade as a registered user or whether such User is a paying customer for a specific service provided by Comotrade. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
1.2 - By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
1.3 - This Agreement applies to each Premium Service (as defined below) in addition to any terms and conditions that may be applicable to such specific Premium Service provided, however, that in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such Premium Service and any provision of this Agreement, such conflict or inconsistency shall (exept as otherwise expressly provided or agreed) be resolved in a manner favorable to Comotrade and/or its affiliates
1.4 - Comotrade may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement was last amended on February 1st, 2009. Posting by Comotrade of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of Comotrade.
2.1 - Access to the Site and certain of its features are provided to all Users free of charge. However, Comotrade reserves the right, without prior notice, to restrict access to certain areas or features of the Site ("Premium Services") to paying Users or Users who undergo a specific registration process. Access to and use of these Premium Services are governed by additional terms and conditions under separate agreements in addition to this Agreement.
2.2 - Comotrade reserves the right to deny Premium Services to any User for whatever reason in order to protect Comotrade's interests.
2.3 - Premium services and Comotrade Data Access are reserved to "human use". Robots, crawlers and any other automatic systems cannot be used to collect information on Comotrade. Comotrade reserves the right to stop the service without any notice and without any reiboursement neither compensation.
3.1 - Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "Comotrade Content") for the purpose of re-selling or re-distributing the Comotrade Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with Comotrade, or otherwise commercially exploiting the Comotrade Content. Systematic retrieval of Comotrade Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Comotrade is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
3.2 - Some of the Comotrade Content displayed on this Site is provided or posted by third parties ("Third Party Content"). Any Third Party Content is the sole responsibility of the party who provided the content. Comotrade is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, Comotrade is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
3.3 - Comotrade may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that Comotrade has no control over such third party's web site, does not monitor such sites, and Comotrade shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.
3.4 - Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any of the materials described in the provisions of Section 5.4 below.
3.5 - Comotrade reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall Comotrade be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
3.6 - No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by Comotrade and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
4.1 - Each User who has filled out an on-line registration form on the Site by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) is a registered user of Comotrade (a "Registered User"). Comotrade will establish an account ("Account") for each Registered User and each Registered User Is assigned a login ("Login") and password ("Password") for log-in access to its own Account.
4.2 - If the Registered User is a business entity, you represent that; (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to Comotrade during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
4.3 - By becoming a Registered User, you consent to the inclusion of your personal data in our COMOTRADE DATABASE and authorize Comotrade to share such information with other Users.
4.4 - Comotrade may suspend or terminate a Registered User's Account or Email Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (a) in Comotrade's determination, there is any breach of the provisions of this Agreement by the Registered User; or (b) Comotrade has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) Comotrade believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, Comotrade's other Users, or Comotrade or its affiliates.
4.5 - Notwithstanding Section 4.1 above, Comotrade may refuse registration and deny the issuance of an Account and/or Email Account and associated Login and Password to any User for whatever reason.
Users Who Post Information on Comotrade
5.1 - You must be a Registered User in order to post information on the Site using the self-help submit and edit tools provided through the Site. Your status as a Registered User is governed by the provisions of Section 4 above.
5.2 - Each User hereby represents, warrants and agrees to (a) provide Comotrade with true, accurate, current and complete information to be displayed on the Site and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to Comotrade to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
5.3 - Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright or trademark licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Comotreade or authorizes Comotrade to display, or the products represented thereby, do not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party, or is posted with the permission of the owner(s) of such rights.
5.4 - Each User hereby represents, warrants and agrees that information submitted to Comotrade for display on the Site shall not:
5.5 - Comotrade reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject Comotrade to liability, violates this Agreement or is otherwise found inappropriate in Comotrade's opinion. Comotrade reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Comotrade may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Comotrade shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Comotrade for such disclosure. In connection with any of the foregoing, Comotrade may suspend or terminate the Account of any User as Comotrade deems appropriate in its sole discretion.
Listings content during place listing process
The Title and the Description fields as well as the extra fields of the listings that a User place in, cannot contain any reference such as name, company name, email address, phone/fax/mobile numbers, website ect. referable to that User. Also pictures with watermark are not allowed to be uploaded. The User's data are requested during the registration process and are display in the listing details. Any violation will immediatelly oblige Comotrade's staff to remove the listing from the database.
Transactions between Buyers and Suppliers
6.1 - Through the Site, Comotrade provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services. Comotrade does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, Comotrade does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
6.2 - Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Comotrade cannot and does not confirm each User's purported identity. We encourage you to evaluate with whom you are dealing.
6.3 - Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents ("Transaction Risks"). Each User agrees that Comotrade shall not be liable or responsible for any damages that may arise a result of or in connection with any Transaction Risks.
6.4 - Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
6.5 - In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Comotrade (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
Limitation of Liability
7.1 - THE FEATURES AND SERVICES ON THE COMOTRADE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND COMOTRADE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
7.2 - COMOTRADE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE.
7.3 - Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Comotrade or through or from the Site shall create any warranty not expressly stated herein.
7.4 - Under no circumstances shall Comotrade be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
7.5 - Each User hereby agrees to indemnify and save Comotrade, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User further agrees that Comotrade is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Comotrade reserves the right; at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Comotrade in asserting any available defenses.
7.6 - Comotrade shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
Intellectual Property Rights
8.1 - Comotrade is the sole owner or lawful licensee of all the rights to the Site and the Comotrade Content. The Site and Comotrade Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Comotrade Content shall remain with Comotrade, its affiliates or licensors of the Comotrade Content, as the case may be. All rights not otherwise claimed under this Agreement or by Comotrade are hereby reserved.
8.2 - "COMOTRADE", "WWW.COMOTRADE.COM," and related icons and logos are registered trademarks or trademarks or service marks of Comotrade in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
9.2 - Comotrade and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
9.3 - If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
9.4 - Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
9.5 - Comotrade's failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives Comotrade's right to act with respect with subsequent or similar breaches.
9.6 - Comotrade shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to Premium Services to any person or entity.
9.7 - This Agreement shall be governed by the laws of Italy without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Como - Italy.