THE FOLLOWING DESCRIBES THE
TERMS ON WHICH CMG OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the User Agreement for Cornerstone Marketing Group.
This Agreement describes the terms and conditions applicable
to your useof our services available under the domain and
sub-domains of www.worldofgramophones.com (including half.www.buildaauction.com.com)
and the general principles for the websites of our subsidiaries
and international affiliates. If you do not agree to be bound
by the terms and conditions of this Agreement, do not use
or access our services.
If you have any questions, please our contact page
You must read, agree with and accept all of the terms and
conditions contained in this User Agreement and the Privacy
Policy, which include those terms and conditions expressly
set out below and those incorporated by reference, before
you may become a member of our storefront system. We strongly
recommend that, as you read this User Agreement, you also
access and read the information contained in the other pages
and websites referred to in this document, as they may contain
further terms and conditions that apply to you as a World
of Gramophones user. Please note: underlined words and phrases
are links to these pages and websites. By accepting this User
Agreement, you also agree that your use of other CMG websites
will be governed by the terms and conditions posted on those
websites.
We may amend this Agreement at any time by posting the amended
terms on our site. Except as stated below, all amended terms
shall automatically be effective 30 days after they are iCMGially
posted on our site. In addition, we will notify you in accordance
with your Notification Preferences. This Agreement may not
be otherwise amended except in a writing signed by you and
eBay Inc. This Agreement is effective on March 19th, 2002
for new registering users, and is otherwise effective on April
19th, 2002 for all users registered prior to March 19th, 2002.
The last amendment to this Agreement was effective for all
users on May 15th, 2001.
1. Membership Eligibility.
Our services are available only to individuals who can form
legally binding contracts under applicable law. Without limiting
the foregoing, our services are not available to minors or
to temporarily or indefiCMGely suspended members. If you are
a minor, you can use this service only in conjunction with
your parents or guardians. If you do not qualify, please do
not use our services. If you are registering as a business
entity, you represent that you have the authority to bind
the entity to this Agreement.
2. Fees and Services.
Our Fees and Credits Policy is openly presented on the site
and is incorporated by reference. We may change our Fees and
Credits Policy and the fees for our services from time to
time. Our changes to the policy are effective after we provide
you with at least fourteen (14) days' notice of the changes
by posting the changes on the announcements board. However,
we may choose to temporarily change our Fees and Credits Policy.
When you open a storefront you have an opportuCMGy to review
and accept the fees that you will be charged for the use of
our listing services. We may in our sole discretion change
some or all of our services at any time. In the event we introduce
a new service, the fees for that service are effective at
the launch of the service. Unless otherwise stated, all fees
are quoted in U.S. Dollars. You are responsible for paying
all fees associated with using our service and our website
and all applicable taxes.
3. Information and verification
3.1 Identity Verification. We use many techniques to identify
our users when they register on our site. However, because
user verification on the Internet is difficult, CMG cannot
and does not confirm each user's purported identity. We also
encourage you to communicate directly with potential trading
partners.
3.2 Release. Because we are a venue, in the event that you
have a dispute with one or more users, you release CMG (and
our officers, directors, agents, subsidiaries, joint ventures
and employees) 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 disputes.
3.3 Information Control. We do not control the information
provided by other users that is made available through our
system. You may find other user's information to be offensive,
harmful, inaccurate, or deceptive. Please use caution, common
sense, and practice safe trading when using our site. Please
note that there are also risks of dealing with underage persons
or people acting under false pretense. Additionally, there
may also be risks dealing with international trade and foreign
nationals.
4. Listing and Selling.
4.1 Listing Description. You must be legally able to sell
the item(s) you list for sale on our site. You must describe
your item and all terms of sale on the listing page of our
site. Your listings may only include text descriptions, graphics,
pictures and other content relevant to the sale of that item.
All listed items must be listed in an appropriately.
5.2 Fraud. Without limiting any other remedies, CMG may suspend
or terminate your account if we suspect that you (by conviction,
settlement, insurance or escrow investigation, or otherwise)
have engaged in fraudulent activity in connection with our
site.
6. Your Information.
6.1 Definition. "Your Information" is defined as
any information you provide to us or other users in the registration,
bidding or listing process, in any public message area or
through any email contact. You are solely responsible for
Your Information, and we act as a passive conduit for your
online distribution and publication of Your Information.
6.2 Restricted Activities. Your Information (or any items
listed) and your activities on the site shall not: (a) be
false, inaccurate or misleading; (b) be fraudulent or involve
the sale of counterfeit or stolen items; (c) infringe any
third party's copyright, patent, trademark, trade secret or
other proprietary rights or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including,
but not limited to, those governing export control, consumer
protection, unfair competition, antidiscrimination or false
advertising); (e) be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing; (f) be obscene or contain
child pornography or, if otherwise adult in nature or harmful
to minors. (g) contain any viruses, Trojan horses, worms,
time bombs, cancelbots, easter eggs or other computer programming
routines that may damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information;
(h) create liability for us or cause us to lose (in whole
or in part) the services of our ISPs or other suppliers; and
(i) link directly or indirectly to or include descriptions
of goods or services that: (aa) are prohibited under this
Agreement.
7. Privacy.
We do not sell or rent your personal information to third
parties for marketing purposes without your consent and we
only use your information as described in the Privacy Policy.
We view protection of users' privacy as a very important commuCMGy
principle. We understand clearly that you and your information
is one of our most important assets. We store and process
your information on computers located in the UCMGed States
that are protected by physical as well as technological security
devices.
8. No Warranty.
WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE
OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE,
OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some
states do not allow the disclaimer of implied warranties,
so the foregoing disclaimer may not apply to you. This warranty
gives you specific legal rights and you may also have other
legal rights that vary from state to state.
9. Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS
BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR
SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
10. IndemCMGy.
You agree to indemnify and hold us and (as applicable) our
parent, subsidiaries, affiliates, officers, directors, agents,
and employees, 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
it incorporates by reference, or your violation of any law
or the rights of a third party.
11. Legal Compliance.
You shall comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your
use of our service and your listing, purchase, solicitation
of offers to purchase, and sale of items.
12. No Agency.
You and CMG are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
13. Additional Terms.
Each of these policies may be changed from time to time and
are effective immediately after we post the changes on our
site, except for the Privacy Policy for which we will provide
you with thirty days prior notice. In addition, when using
particular services on our site, you agree that you are subject
to any posted policies or rules applicable to services you
use through our site, which may be posted from time to time.
All such posted policies or rules are hereby incorporated
by reference into this Agreement.
14. General.
This Agreement shall be governed in all respects by the laws
of the United States & the State of Colorado. We do not
guarantee continuous, uninterrupted or secure access to our
services, and operation of our site may be interfered with
by numerous factors outside of our control. If any provision
of this Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions
shall be enforced. You agree that this Agreement and all incorporated
agreements may be automatically assigned by CMG, in our sole
discretion, to a third party in the event of a merger or acquisition.
Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such 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.
Thank you for your understanding,
Preston White
CEO/Chairman Kids 4 Kids Community