LAST UPDATED: January 17, 2017
Welcome to cPro Marketplace. By accessing our website and services (together, “cPro Marketplace”), you fully agree to all terms described in this document and all terms incorporated by reference (“Terms”). If you do not agree to all of these Terms, do not access or use cPro Marketplace.
Please read these Terms of Service carefully. cPro Marketplace reserves the right to update this document at any time. We will provide the notice if the update is material, and we encourage you to periodically review the Terms before accessing cPro Marketplace.
These Terms include a mandatory arbitration provision and class action waiver provision, which affect your rights about how to resolve any dispute with Escargot Studios, LLC. You consent that there are risks associated with utilizing an internet-based marketplace and interacting with other users in person as outlined in section “Risks”.
IF YOU ARE 18 OR OLDER YOU ARE AUTHORIZED TO ACCESS OR USE CPRO MARKETPLACE. Our website and services are intended to be used by adults only. If you are not an adult, you cannot use cPro Marketplace. You represent that you are an adult under the applicable law and warrant that you have not previously been suspended or removed from using the cPro Marketplace, that you are legally permitted to live in the United States or one of its territories, and that you may enter into this agreement without violating any other agreement to which you are a party. If you are registering to use cPro Marketplace on behalf of a legal entity, you represent that such legal entity is duly organized under the applicable laws of the jurisdiction of its organization, and you are fully authorized by such legal entity to act on its behalf.
To access certain parts of the cPro Marketplace, you may need to create a cPro Marketplace account (an “Account”) and provide personal information such as your first and last name, geographic location, and an email address. You agree to provide current, accurate information about you as might be indicated on the registration/login form on the website.
You are responsible for you account and accept and assume all liability that occurs under your username and password. You are responsible for keeping your password confidential and safe. If you become aware that your password was compromised, please inform as promptly at email@example.com so we can help recover your account.
A buyer can make payments in cash, check or other method, according to the agreement between the buyer and seller. The transaction between two parties can be done directly when they meet or otherwise, according to their own preferences. cPro Marketplace is not a party to such transactions, and does not facilitate such transactions, or help with refunds or returns in any manner.
DICONTINUANCE OF THE CPRO MARKETPLACE
Escargot Studios, LLC, the owner of cPro Marketplace, may modify, discontinue, and terminate, temporarily or permanently, all or any portion of the cPro Marketplace at any time and without prior notice. When such event occurs, you are required to promptly stop using cPro Marketplace. You may also void your Account at any time, as described in Section “Termination”, below.
RULES OF USE
When accessing or using the cPro Marketplace, you agree that you will not violate any contract, intellectual property or other third-party rights. You agree that you will not do the following:
• Use the cPro Marketplace in a way that contradicts with the law and with these Terms;
• Engage in any unauthorized use of the cPro Marketplace;
• Upload or post any content that you do not have the right to provide or that is harmful, fraudulent, harassing, or unlawful or also any content that may expose cPro Marketplace or its users to any harm or liability;
• Distribute, store, create, or otherwise sell or offer for sale anything that violates our list of PROHIBITED ITEMS;
• Distribute any material that contains software viruses or any other computer code designed to destroy or limit the functionality of any computer software or hardware;
• Create and transmit unsolicited commercial email or other messages through the cPro Marketplace;
• Copy any part of the cPro Marketplace or any proprietary content or source code;
• Attempt to discover or re-create the source code to any software of the cPro Marketplace and distribute it to any third party;
• Modify, improve, translate cPro Marketplace or any of its parts;
• Remove, modify or disable any proprietary notices of Escargot Studios, LLC in any portion of the cPro Marketplace;
• Disable any advertisements that appear on cPro Marketplace;
• Use any type of automated software, not provided by cPro Marketplace, to use the cPro Marketplace, without written permission from Escargot Studios, LLC;
• Attempt to test, hack, or otherwise circumvent any security measures;
• Violate any policies or regulations of any network connected to the cPro Marketplace;
• Attempt to obtain the password, account, or other security information of any other user;
• Create more than one Account or create an Account on behalf of anyone other than yourself without permission and/or use this Account;
• Use the cPro Marketplace in any manner to harass, invade the privacy of, or otherwise cause harm to, any person;
• Use the cPro Marketplace in a manner that exposes cPro Marketplace to any harm or liability of any nature;
• Create any third-party applications that interact with the cPro Marketplace without cPro Marketplace’s written consent;
• Use the cPro Marketplace to engage in any illegal activities such as gambling, fraud, money-laundering, or terrorist activities;
• Transfer any rights granted to you under these Terms;
You agree to hold cPro Marketplace harmless of any possible claim, fine or penalty that can come to bear as a result from your breach of any of the rules provided in this document, reserving cPro Marketplace the right to request compensation for any damages. If you violate any of the rules, cPro Marketplace may suspend or terminate your right to access and use the cPro Marketplace immediately without notice. cPro Marketplace reserves the right at all times to monitor and disclose any information regarding your use of the cPro Marketplace as necessary to comply with any applicable law, legal process or governmental request. You also agree that cPro Marketplace is not responsible or liable for the conduct of, or your interactions with, any users of the cPro Marketplace. Your interactions with other users are solely between you and such users and we are not responsible or liable for any loss, damage, injury or harm which results from these interactions. In addition, enforcement of these Terms is solely in our discretion, and the absence of enforcement in some instances does not constitute a waiver of our right to enforce these Terms in other instances.
cPro Marketplace prohibits the listing or sale of any items that are illegal under any applicable law, such as:
• items that are defective or poor quality;
• alcoholic beverages;
• blood and body parts;
• duplicated listings;
• items that infringe trademarks, copyrights or other IP rights;
• burglary tools;
• counterfeit currency;
• electronic surveillance equipment;
• illegal drugs;
• any illegal services and/or products;
• lottery tickets;
• prescription drugs;
• stolen property;
• used cosmetics;
• government uniforms;
• IDs or any type of personal information;
• obscene material and all types of pornography;
• all type of offensive material;
• pictures or images with frontal nudity;
• recalled items;
• tobacco products;
• stocks and other securities;
cPro Marketplace reserves the right to remove any listings that we consider inappropriate for posting.
When you use cPro Marketplace, you may post or otherwise make available certain content, including information about yourself, messages, photos, graphics, or other materials (“User Content”). Escargot Studios, LLC reserves the right to remove or edit any material posted, transmitted, or stored on the cPro Marketplace at any time and for any reason, without prior notice. In addition, you agree to not post, distribute, store or otherwise publish through the cPro Marketplace any of the following:
• Any material that is, in Escargot Studios, LLC’s opinion, disrespectful or may expose cPro Marketplace or its users to any harm or liability;
• Personal information including credit card information, addresses of any users or third parties;
• Any material that may infringe the patent or intellectual property of any party.
When you submit, post or otherwise transmit User Content, you hereby grant Escargot Studios, LLC a non-exclusive, transferable, royalty-free, perpetual, irrevocable, sublicensable right to use, reproduce, modify, adapt, publish, translate, sell, create derivative works from, distribute, perform, and display the User Content, and your name, company name, location and any other information you submit with the User Content, in connection with the cPro Marketplace. We will also disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy.
If you believe that your copyright-protected work was published on cPro Marketplace without permission, you may submit a copyright infringement notification (please see 17 U.S.C 512(c)(3) for further details). Please notify us of alleged copyright infringement at firstname.lastname@example.org.
Escargot Studios, LLC is the holder of the rights of intellectual property associated with cPro Marketplace. The contents of the cPro Marketplace, including design, images, graphics, source code, software, database, trademarks, and materials posted, are the proprietary property of Escargot Studios LLC and are protected by U.S. intellectual property rights laws and international copyright laws. The contents of cPro Marketplace, the database of users, the screenshots may not be reproduced, copied, or otherwise processed without prior written permission from Escargot Studios, LLC.
Except as otherwise listed, subject to your agreement with all of the terms and conditions of these Terms, we grant to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to access and use cPro Marketplace, “License”. You agree that these Terms do not grant you any rights in or licenses to the cPro Marketplace, except for this limited License. You will not otherwise copy, distribute, sell, and create derivative works from any part of the cPro Marketplace for commercial or non-commercial purposes. The License granted under this Section will automatically terminate if we suspend or terminate your access to the cPro Marketplace.
cPro Marketplace logos, icons and service names are trademarks of Escargot Studios, LLC or its affiliates in the U.S. and/or other countries, and may not be copied, imitated, or used, in whole or in part, without Escargot Studios, LLC’s prior written permission. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by Escargot Studios, LLC.
You agree that Escargot Studios, LLC may moderate cPro Marketplace access at any time, by blocking, filtering or account termination and is not liable for such moderation. Escargot Studios, LLC has a right to remove any posting that does not comply with Terms, in Escargot Studios, LLC opinion, and you agree not to bypass such action.
Escargot Studios, LLC has a right to terminate your License to access or use the cPro Marketplace for any reason without notice at any time if you breach any obligation in these Terms, or in any other agreement between you and us, violate any policy applicable to the cPro Marketplace, or use the cPro Marketplace or its content without our consent. You will not access or will immediately stop using cPro Marketplace after Escargot Studios, LLC terminates your License to use the cPro Marketplace. You may also terminate your License to access or use cPro Marketplace by closing your Account at any time. For questions or help with closing your Account, please email at email@example.com.
cPro Marketplace and any items sold by users through the cPro Marketplace are provided on an “as is” and “as available” basis. We expressly disclaim, and you waive, all warranties of any kind. Escargot Studios, LLC does not warrant that the cPro Marketplace or items sold through the cPro Marketplace will meet your requirements, will always be available or accessible. You acknowledge that data you store or submit to cPro Marketplace may become lost, corrupted or temporarily unavailable due to a multiple reasons, including software failure, internet outages or other causes outside of our reasonable control. You are solely responsible for backing up and maintaining copies of any information you store or transfer through the cPro Marketplace.
Many jurisdictions have laws protecting consumers and other contract parties, limiting their ability to waive certain rights and responsibilities. We acknowledge these laws, nothing in these Terms shall waive rights or responsibilities that cannot be waived.
You accept that there are risks associated with using an internet-based marketplace and interacting with other users in person and you are solely responsible for taking all necessary precautions when interacting with other users and assume all risks related to any and all interactions with others through cPro Marketplace including selling, buying, renting, and dating.
LIMITATION OF LIABILITY
Escargot Studios, LLC will not be responsible for any damages, including loss of profits, revenue, data or any information in connection with the use of the cPro Marketplace or other damages caused by any delays, errors in cPro Marketplace, inability to use cPro Marketplace for any reason, damages caused by any goods and services obtained, directly or indirectly, through cPro Marketplace or damages resulted from the events that are beyond Escargot Studios, LLC reasonable control, such as site interruptions, viruses, theft, destruction or unauthorized access to cPro Marketplace’s records, programs or services. We are not liable for any harm resulting from user content, user conduct, or your use of cPro Marketplace. In no event shall the aggregate liability of Escargot Studios, LLC exceed any compensation you pay, if any, to Escargot Studios, LLC for access to or use of the cPro Marketplace during the past 12 months or $100.
You agree to hold harmless, defend and indemnify Escargot Studios, LLC, its officers, partners and affiliates, from all liabilities, losses, damages, and claims that arise from your use of the cPro Marketplace including claims made against cPro Marketplace that relate to any intellectual property rights or other proprietary rights of any third party; your breach of these Terms; your use of any of the cPro Marketplace; any content that you store on or transmit through the cPro Marketplace. Escargot Studios, LLC may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with Escargot Studios, LLC in such event.
Any dispute or claim relating in any way to your use of cPro Marketplace will be resolved by binding arbitration, rather than in court. You and Escargot Studios, LLC agree that any dispute arising out of or related to these Terms will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Escargot Studios, LLC agree that these Terms affect interstate commerce and that the enforceability of this section “Disputes” shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law. You and Escargot Studios, LLC agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Escargot Studios, LLC shall be sent by certified mail or courier to Escargot Studios, LLC, Attn: Escargot Studios, LLC, 3422 Old Capitol Trail #631, Wilmington, DE 19808.
These Terms, your access to and use of the cPro Marketplace shall be governed by and enforced in accordance with the laws of the State of Delaware. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court shall be resolved in the state or federal courts of the State of Delaware and the United States, respectively.
These Terms is the exclusive and entire agreement between you and Escargot Studios, LLC. In the event of any conflict between these Terms and any other agreement you may have with Escargot Studios, LLC, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending you an email and/or by posting the amended Terms via the cPro Marketplace and updating the “revised” date at the top of these Terms. All amended Terms will become effective immediately on the date they are posted to the cPro Marketplace unless we state otherwise. If you continue to use cPro Marketplace, you accept the changes in these Terms. If you do not agree to any amended Terms, you must stop using cPro Marketplace immediately.
SEVERABILITY: If any provision of these Terms is unenforceable for any reason, other terms are unaffected.
WAIVER: Our failure to exercise any right, power or privilege under these Terms will not operate as a waiver thereof.
ASSIGNEMENT: You may not assign or transfer any of your rights or obligations under these Terms without prior written permission from Escargot Studios, LLC. Escargot Studios, LLC may transfer or assign any or all of its rights under these Terms without obtaining your consent or approval.