Overview
This agreement describes the Terms and Conditions applicable to your use of our services available from Todo Acuatico. 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 Todo Acuatico. If you do not agree to be bound by the Terms and Conditions of this agreement, do not use or access our services. This agreement may be changed from time to time and is effective immediately after we post the changes on the site.
General Provisions
It is important to realise that classified ads are posted by other users, not by Todo Acuatico. Sellers and buyers are responsible for all aspects of the transactions in which they choose to participate. All transactions conducted on Todo Acuatico must be consistent with any applicable legal rules and with this agreement. Todo Acuatico reserves the right to reject or remove any ad that is not consistent with the letter or spirit of Todo Acuatico's policies or the law. Please review the agreement and make sure any transactions you conduct comply fully. Todo Acutico provides a platform for our users to connect with one another. Todo Acutico does not participate in, nor is it a party to, any transactions. Todo Acutico does not screen or control users who may sell or buy on Todo Acutico, nor does Todo Acutico review or authenticate all listings, items, or services offered for sale. Therefore, users of this service should be aware of the following. Sellers and buyers are completely responsible for working out the sale and exchange of goods or services. Sellers and buyers are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which they participate. Sellers and buyers are responsible for all applicable taxes and for all costs incurred by participating in Todo Acuatico classified ads. Sellers and buyers must resolve any disputes that may arise from classified ad transactions. In the event that you have a dispute with one or more users, you release Todo Acutico from claims, demands and damages 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. 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 the site.
Registration
To obtain access to certain Todo Acutico services, you will be given an opportunity to register with Todo Acutico. As part of the registration process, you will select a user ID and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of user ID that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing Todo Acutico through any user ID/password assigned to you. You will notify Todo Acuatico of any known or suspected unauthorized use of your account by contacting us.
Selling or Placing Ad
Todo Acuatico offers a variety of features of an ad. For information about the features and costs, visit the Pricing section page. Please contact us for more information. Responsibility for the information contained in ads lies with each seller. You alone are responsible for material you post and for the content of all email messages transmitted through Todo Acuatico. Nothing will undermine a user's confidence in the item you're looking to sell faster than inaccurate statements or misleading representations about the item. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat Todo Acuatico users fairly and honorably. You must comply with applicable laws. You may not offer for sale or sell an item or service to any buyer in a jurisdiction where the item, service, or terms of the sale violate applicable laws or regulations. You also may not offer for sale any item or service that violates Todo Acuatico's policies. You must have the rights to and possession of item. You may not offer any item for sale that is not in your possession, you do not have the right to sell, or that does not exist at the time of the ad. You must place your item in the most appropriate category. Each item can only be listed in one category. You must provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You must accurately describe your item and all terms of sale. You may not include any language in your ad, including the ad title, which may confuse potential buyers or cause your ad to be included in search results to which it is not responsive. You must avoid inappropriate ad content. You may not link to, post, or include advertisements for goods or other materials that: (a) describe items or services that you are not selling in Todo Acuatico, (b) you do not have right to link to or include. You also may not include any content or images in your ad that are obscene, offensive, harmful to minors, invasive of anyone's privacy, or otherwise inappropriate. You are solely responsible for your information you provide to us or other users, and we act as a passive conduit for your online distribution and publication of your information. Without limiting any other remedies, Todo Acuatico may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with the site.
Buying or Viewing Ads
The material that appears on Todo Acuatico is for informational purposes only. Information about a particular item is supplied by the seller, not by Todo Acuatico. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing goods or services, you should confirm with the vendor any information that is important to your purchasing decision. Todo Acuatico is not responsible for, and does not guarantee the performance of, any such goods or services. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. Though we hope that all who come to Todo Acuatico will act honorably and treat each other fairly, we can't verify the information sellers supply or guarantee the item they offer. When using this site to find an item you can buy, we urge you to use the same common sense and good judgment you would use a classified ad in the newspaper. There is no substitute for healthy skepticism and your own good judgment.
Services and Fees
Signing up at Todo Acuatico is free. We do charge fees for listing items for sale through our site and when you list an item you have an opportunity to review and accept the fees that you will be charged. Fees for our services are described in the Pricing Policy that is incorporated into this agreement by reference. You are responsible for paying all fees associated with using our service and the site and all applicable taxes. Unless otherwise stated, all fees are quoted in US Dollars. Listing fees are generally not refundable, even if you provide erroneous information or fail to sell. We may change our Pricing Policy for our services from time to time. Our changes to the policy are effective immediately after we post the changes on the site.
Restricted Information and Activities
Your information and your activities on the site shall not: be false, inaccurate or misleading; be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; use or manipulate this service for any fraudulent activity or purpose, including collecting payment from buyers and not providing the item or service purchased, or filing false claims for insurance payments; take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our system; put any material on Todo Acuatico that 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; use any robot, spider, scraper or other automated means to access the site for any purpose. Additionally, you agree that you will not interfere or attempt to interfere with the proper working of the site or any activities conducted on the site; create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; solicit Todo Acuatico users to post ads on other classifieds sites; link directly or indirectly to or include descriptions of goods or services that are prohibited under this agreement; and list any item on the site that, by paying to us the listing fee, could cause us to violate any applicable law or regulation.
Prohibited Items and Services
It is the responsibility of both the seller and the buyer to ensure that the items or services listed for sale and bought by users are appropriate for sale under all applicable laws and regulations. You may not sell the following items or services under any circumstances. Any item or service that is harmful to minors, obscene, or otherwise objectionable. Illegal or restricted weapons and related accessories. Any item that violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising). Any item that infringes the rights of a third party, including items that violate copyrights, trademarks, publicity, or privacy rights of third parties. Any item that is counterfeit or stolen. Expressive media, such as books and films, may be subject to more permissive standards as determined by Todo Acuatico in its sole discretion. Any item that has been the subject of a product recall by Consumer Product Safety Program, other government agency, or product manufacturer. Any item used for hacking, intercepting, jamming, descrambling, or otherwise obtaining unauthorized access to wire, electronic, or other types of communications. Fireworks, explosives, or any hazardous material or restricted chemical. Government-issued identification documents, whether authentic or counterfeit, police badges or insignia, and any other law enforcement items generally restricted for sale under federal and province law. Individual contracts, services, and any item that is non-transferable. Non-packaged food items and other food or beverage items sold in a manner inconsistent with federal, state, or legal regulations. Any used goods not appropriate for resale for safety, health, or other reasons. Any items that are "adult oriented" in nature or marketed in an objectionable manner, as determined in Todo Acuatico's sole discretion. Any other item or service that violates any applicable federal, provine, or local law or regulation or which Todo Acuatico determines, in its sole discretion, is inappropriate for sale through the services provided by Todo Acuatico.
Disclaimer of Warranties
IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE OR OUR SERVICES. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATIONS MAY NOT APPLY TO YOU.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy that is incorporated into this agreement by reference. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers that are protected by physical as well as technological security devices. If you object to your information being transferred or used in this way please do not use our services.
Ownership and Permissions
Solely to enable Todo Acuatico to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights you have in your information, in any media now known or not currently known, with respect to your information. Todo Acuatico will only use your information in accordance with our Privacy Policy. Much of the information on the site is proprietary or is licensed to Todo Acuatico by our users or third parties. You agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the site without the prior expressed written permission of Ruchie! Classifieds and the appropriate third party, as applicable.
Breach
Todo Acuatico, in its sole discretion, may terminate any classified listing or your Todo Acuatico ID immediately and without notice if: (a) We believe that you have acted inconsistently with the spirit or the letter of the Todo Acuatico User Agreement or other policies; (b) we believe you have violated or tried to violate the rights of others; (c) we are unable to verify or authenticate any information you provide to us; (d) we believe that your actions may cause financial loss or legal liability for you, our users or us. Please help us keep Todo Acuatico classified ads an enjoyable and positive experience. If you see an offensive or worrisome ad, please let us know by contacting us.
Indemnity
You hereby indemnify and hold harmless Todo Acuatico and its directors, officers, employees, control persons, vendors, licensors and agents, from and against any and all claims, actions, proceedings, losses, liabilities, damages, costs and expenses (including reasonable attorney's and experts' fees and costs) arising out of or related to any use or access by you (or on your behalf) of the site. Any breach by you of any agreements, or representations and warranties contained in these terms and conditions, any access to or use of the site by you in violation of any rights of Todo Acuatico or any third party, including, but not limited to, copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, any access to or use of the website by you in violation of any applicable law, rule or regulation, any unauthorized access of, or through, the site to any computer system.
Effective Date: 28 January 2008
