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Tagsaler User Agreement

 The following describes terms & conditions on which Tagsaler.com offers access to our services.
PLEASE READ THOROUGHLY !!
   Welcome to Tagsaler.com! Tagsaler is the exciting new and easy-to-use marketplace to buy or sell new and used goods in a personalized negotiation format. Sellers post items for free while buyers freely browse all inventory. Buyers use low-priced Tagsaler Tokens to unlock the seller's contact information and the negotiations fly!

   As a condition of your participation in “the Services” of Tagsaler.com, you (hereinafter "You" or "User") agree to abide by the Terms of this User Agreement ("Agreement") and any Policies linked by Tagsaler.com to this Agreement.

   By accessing the pages or the information contained on the Tagsaler.com website ("the Site"), located at http://www.tagsaler.com, through any device or medium, or by using the Service in any manner, You agree to be bound by the following Terms. You may review this Agreement any time by clicking the User Agreement link at the bottom of any page. In addition, if You visit any of our partners' websites or arrive at our Site through one of our many partners' web sites, You may also be subject to the terms and conditions of that web site.
   * Tagsaler.com is a Munkmark LLC Production.

                    Content
Modifications of Terms

Access, Registration; Your Account

Costs

Tagsaler.com As a Venue

Feedback & User Profile

Posting Guidelines

User Information

Limited License

Use Restrictions

Publicity Rights

Violation

Release & Waiver of Claims

Warranties Disclaimer

Limitation of Liability

Indemnity

Arbitration

Notice

General




1. Modifications of Terms:

   Tagsaler.com reserves the right to make changes to our Site, this Agreement, or the policies incorporated herein by reference, with or without notice. Therefore, it is recommended that You regularly visit this page and familiarize Yourself with the latest version of this Agreement. Your continued use of our Site will signify Your acceptance of any revised Terms. This Agreement may not be otherwise be amended, except in writing, by both You and Tagsaler.com.
  - This Agreement is effective as of 12:01 AM EST, January 1, 2006. -



2. Access, Registration; Your Account:

   Our Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors (people under the age of majority in their state or province of residence) or to suspended members of Tagsaler.com. If you do not qualify, please do not use our Services. Additionally, Tagsaler.com reserves the right to refuse access to, or use of our Site to anyone, at anytime, at its sole discretion.
  You may browse the Site freely, without registering. However, Registration is required to gain access to our full Services. During Registration You will be asked to provide information such as Your name, address and e-mail address. You will also be asked to create an account consisting of a Username and password ("Your Account") to identify yourself upon future visits. It is YOUR responsibility to maintain the confidentiality of Your Username and password and You agree to accept responsibility for all activities that occur under Your Account. You MAY NOT transfer, assign or sell Your Account (including rating and feedback) to any third party.

   All of the information that You provide during Registration is collected according to the terms of our Privacy Policy. Please Note: You must provide accurate, current information to us. If you provide any information that is false, misleading, incomplete, or not current, Tagsaler.com has the right to suspend or terminate your account and refuse any and all current or future use of the service.



3. Costs:

   Tagsaler.com registration, transactions between buyers and sellers, inventory browsing and various other services born from the Headquarters page are 100% FREE. However, Tagsaler.com charges fees for various Services offered through our Site. View Our Cost Catalogue for a detailed explanation of all potential fees that Tagsaler.com currently charges. When signed in, visit the Token Trading Post for a quick overview of these items. Unless otherwise stated, all fees are quoted in U.S. Dollars. You agree that You are responsible for paying all fees, including any and all applicable sales, income, excise, import, export, VAT and other taxes or duties associated with using our Service and the Site.

   We reserve the right to change, suspend or permanently discontinue, some or all of our Services at any time with or without notice. Fees for new services are effective at the launch of the service. We may also choose to temporarily lower the fees for our Services for promotional events (i.e. free tokens). Such changes are effective when we post information about the promotional event on the Site. Additionally, we may change our Cost Catalogue and the fees for our Services at any time and at our sole discretion. Except for the foregoing fee changes, our changes to the Cost Catalogue are effective after we notify Users via e-mail or a message in the Headquarters.



4. Tagsaler.com As a Venue:

   Our Site acts as an open marketplace for Users to buy, sell and negotiate the purchase and sale of goods with other users. Tagsaler.com only provides a service and is not involved in any transaction between buyers and sellers who use our Site. There are risks that You assume when dealing with foreign nationals, underage persons or people otherwise acting under false pretenses. You agree that all of these risks are borne by You and not Tagsaler.com. Tagsaler.com does not and cannot control the behavior of users on the Site or the information provided by other users that is made available through our Site. As a result, Tagsaler.com does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. We cannot assure that all transactions will be completed. Additionally, Tagsaler.com does not guarantee the ability or intent of users to fulfill their obligations in any transactions.

   FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH OUR SITE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY'S ABILITY TO PAY FOR OR DELIVER THE GOOD(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SITE!



5. Feedback & User Profile:

   Because user authentication on the Internet is difficult, Tagsaler.com cannot and does not confirm each User's purported identity. Thus, we have established a detailed feedback system to help You evaluate the User with whom You are dealing. We also ENCOURAGE YOU TO COMMUNICATE DIRECTLY with potential buyers or sellers through the features available on our Site.
  Your Feedback file includes transaction history information as well as comments and ratings from other Users.
  Your profile is a means of sharing personal information about Yourself in order for other Users to feel more comfortable and potentially match interests or personality.
  * Any action designed to undermine the feedback system and to alter Your profile or the profiles of others is strictly prohibited.



6. Posting Guidelines:

   Tagsaler.com prohibits profanity and the listing or sale of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including, but not limited to, items contained in our Posting Policy. By accepting this User Agreement, you also accept all conditions listed in the Posting Policy.
  Additionally, YOU ARE NOT ALLOWED TO DESCRIBE ANY PERSONAL CONTACT INFORMATION IN THE PICTURE, TITLE AND/OR DESCRIPTION/SHIPPING FIELDS. TAGSALER RESERVES THE RIGHT TO INDEFINITELY SUSPEND ANY USER FOUND TO HAVE ADDED ANY CONTACT INFORMATION IN THEIR POSTINGS.



7. User Information:

   "User Information" is defined as any and all information or data You provide to Tagsaler.com or other users during the Registration, negotiation, sale or User feedback process, and through any interactive feature of the system, including e-mail. You represent and warrant that Your User Information (i) is not false, inaccurate, incomplete or misleading; (ii) is not fraudulent and does not involve the sale of unlawful counterfeit or any stolen items; (iii) does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) does not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (v) is not defamatory, libelous, unlawfully threatening or unlawfully harassing; (vi) is not obscene and does not contain child pornography; (vii) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with or expropriate any system, data or personal information; (viii) does not create liability for Tagsaler.com nor cause Tagsaler.com to lose (in whole or in part) the services of our host or other suppliers; and (ix) does not link directly or indirectly to other websites. You agree not to make use of any other user's User Information other than as necessary to complete any transactions in which You and the subject of the User Information are involved.



8. Limited License:

   You agree to grant and hereby do grant Tagsaler.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right and license to exercise all copyright and publicity rights You have, in any existing or future media, known or unknown, in (i) Your User Information, (ii) the material or User data displayed in Your listings, (iii) Your Username, and (iv) the geographic location and description of any item listed, sold or bought by You on the Site, to the extent that the exercise of such rights would not violate the policies outlined our Privacy Policy.



9. Use Restrictions:

   Our Services may be used only for lawful purposes. Transmission, posting, distribution or storage of material or conduct in violation of any applicable local, state, provincial, federal or foreign law or regulation is strictly prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, violates rights of privacy or publicity or violates export control laws. You agree to comply with any applicable laws, statutes, ordinances and regulations ("Laws") regarding Your use of the Site and our Services and the contractual obligations related to your buying and selling activities. You agree not to use the Site in any manner that violates, or proposes a transaction which, if consummated, would violate any Laws, expose Tagsaler.com to civil or criminal liability, or violates this Agreement. You agree that You are solely responsible for obtaining all necessary licenses and permissions necessary for Your transactions and for verifying that other Site users with whom You transact do the same. You agree that You will not use any information on our Site or any information You learn about any buyer, seller or other user for any purpose not necessary to complete transactions on our Site.



10. Publicity Rights:

   You agree not to use the Site in any manner which violates trademark, copyright, patent, trade secret, trade dress, publicity or privacy rights or other proprietary rights of Tagsaler.com or any third party. You agree not to link to any third party's web site or file on that web site without that party's permission. You agree that You will not use any automatic or manual process to monitor or copy any portion of the Site without Tagsaler.com's prior written permission.



11. Violation:

   Tagsaler.com may investigate reports of abuse or misuse and, if appropriate, limit or prohibit Your use of the Site or modify Your user profile to reflect its determinations. All determinations are final and are made at Tagsaler.com's sole discretion. In agreeing to these Terms, You agree to participate in investigations and be bound by Tagsaler.com's determinations. If Tagsaler.com, in its sole discretion, determines that a violation of this Agreement has occurred, or if Tagsaler.com believes that Your actions may cause legal liability for You, our users or us, Tagsaler.com may take any actions or pursue any legal remedies that it believes are necessary or prudent, including, but not limited to, issuing a warning, filing a complaint, deleting any listings, advertisements or offensive material from our Site, suspending or canceling Your Account, releasing User Information, filing a report with the appropriate authorities and/or excluding any person(s) who may have violated any Terms of this Agreement. Tagsaler.com may cooperate with any investigation by any Federal, State, or local body or any court or tribunal. Such cooperation may be with or without notice to You. Tagsaler.com will take each reported account into consideration during the investigation process before making a decision.
   Tagsaler also reserves the right to confiscate any or all Tokens remaining on suspended accounts for any violations.



12. Release & Waiver of Claims:

   Because we are not involved in the actual transaction between buyers and sellers, in the event that You have a dispute with one or more users, You release Tagsaler.com and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates from claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, suspected and unsuspected, that are connected in any way with such disputes.
  Furthermore, by using the Site and its Services, You signify Your agreement to and do thereby waive all claims which have not been filed but may have accrued against Tagsaler.com or its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates prior to or as of the date of said posting, regardless of the gravamen of the action, whether in law or equity, and such claims are forever barred.



13. WARRANTIES DISCLAIMER:

   YOU AGREE THAT USE OF OUR SERVICE IS AT YOUR SOLE RISK. THE SITE AND OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. TAGSALER.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NON-INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR SERVICES.

   TAGSALER.COM MAKES NO WARRANTY THAT THE SERVICE WILL SATISFY YOUR REQUIREMENTS OR THAT OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR VIRUS FREE. NOR DOES TAGSALER.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE.

   YOU UNDERSTAND AND AGREE THAT OBTAINING ANY INFORMATION, MATERIAL AND/OR GOODS OR SERVICES THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TAGSALER.COM OR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.



14. LIMITATION OF LIABILITY:

   IN NO EVENT SHALL TAGSALER.COM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (HOWSOEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, RESULTING FROM OR IN CONNECTION WITH (I) OUR SITE, ITS SERVICES OR THIS AGREEMENT; (II) THE RECEIPT OF DATA, INFORMATION OR MESSAGES; (III) TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICES OR; (IV) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER TRANSMISSIONS OR DATA, EVEN IF TAGSALER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL TAGSALER.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL.

   IN NO EVENT SHALL TAGSALER.COM'S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS OR CAUSE OF ACTION EXCEED THE LESSER OF (I) THE DOLLAR VALUE OF THE ACTUAL LOSS OR (II) ONE HUNDRED DOLLARS ($100).



15. Indemnity:

   You agree to defend, indemnify and hold Tagsaler.com and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates harmless against any and all claims made by or liabilities to any third party resulting from any activities conducted under Your Account, Your use or misuse of the Site, including, but not limited to, posting content on the Site, entering into transactions with other Site users, contacting others as a result of their posting(s) on the Site, infringing a third party's intellectual property or other rights, failing to deliver goods or payment to other Site users or otherwise arising out of Your breach of any Terms of this Agreement.



16. Arbitration:

   Tagsaler.com is not liable under this Agreement for any injury You may suffer or allege to suffer as a User of this Site. In the event, however, that You wish to assert any claim against Tagsaler.com for any purpose whatsoever, You expressly agree that such dispute will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and in the venue of choice of any person(s) associated with Tagsaler.com. You agree that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever ignored. Legal action taken by Tagsaler.com to collect fees and/or recover damages for, or obtain an injunction relating to, the Site operations, intellectual property and our Services shall not be subject to the foregoing restrictions.



17. Notice:

   Any notices given pursuant to this Agreement that are directed to Tagsaler.com shall be given by postal mail to: Munkmark LLC, Tagsaler.com Division. 176 Central Avenue, Dover, NH 03820 Attn: Tagsaler.com: Legal. Any notice from Tagsaler.com that is directed to You shall be delivered to the mailing address given during credit card registration or e-mail address You provided us during Registration. Notice shall be given twenty four (24) hours after e-mail is sent, unless Tagsaler.com is notified that the e-mail address is invalid or, in the case of notice sent via postal mail, three (3) business days after the date of mailing. Tagsaler.com may also give notice of changes to these Terms or other matters related to Tagsaler.com by displaying notices to Users on the Site.
   Note: It is the express intent of the parties that this Agreement and any related documents be drawn up and executed in the English language.



18. General:

   This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to its conflict of laws principles, as if formed by between New Hampshire residents. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Headings are for reference purposes and in no way define, limit or describe the extent of any section. If any part of this Agreement is deemed invalid or void, that part of the Agreement shall be deemed severable and shall not affect the validity or enforceability of any of the remaining conditions. Tagsaler.com's 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. You and Tagsaler.com are independent contractors. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Sections 3 (Costs), 8 (Limited License), 12 (Release & Waiver of Claims), 13 (Warranties Disclaimer), 14 (Limitation of Liability), 15 (Indemnity), 16 (Arbitration), 17 (Notice) and 18 (General) shall survive any expiration or termination of this Agreement.

Tagsaler hopes that this Agreement will create smooth transactions, a safe environment and your success on this Site! Please enjoy!

-ToP-


2005

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