Terms & Conditions
1. Acceptance of Terms
2. The Service
Greeting from Allyface.com! The subsequent terms and conditions of the Allyface.com membership agreement among you and Allyface.com company under which Allyface.com proposes you the right to use to its' services through Site.
- This Agreement can be amended by Allyface.com at any time by posting the amended and restated Agreement on the Site and the same shall be effective immediately upon posting. This Agreement was last amended on January 1, 2009. Posting of the amended and restated Agreement by Allyface.com and your continued use of the Site shall be considered to be acceptance of the amended terms. Until & unless given in writing by an authorized officer of Allyface.com, this Agreement may not otherwise be modified.
3. Member Responsibilities
In accordance to package and accordance with the terms of this Agreement, services will be offered.
- The core features included in the service would include following (which may be customized, or added to or suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole discretion of Allyface.com and notified to you.
- Company Profile - This feature allows each Member to display and modify vital information about its business, such as year and place of establishment, annual turn over, number of employees, and products and services offered, etc.
- Products - It allows each member to display and amend descriptions, specifications and images of products according to package chosen by you.
- Unlimited Buyer Trade Lead posting - This feature allows each Member to post on the Site offers to purchase products and services from other users of the Site for public display.
- A Member ID and Password will be issued to each member by Allyface.com to access the Service through such Member's Account. Each Member shall be entirely responsible for maintaining the confidentiality of its Member ID and Password and for all activities that occur under the Member ID and Password. Each set of Member ID and Password is unique to a single Account and no Member shall share, assign or permit the use of its Account, Member ID or Password to another person outside of the Member 's business entity. It is acknowledged by each Member that sharing of its Account with other persons, or allowing multiple users outside of its business entity to use its Account (collectively, "multiple use"), will cause irreparable damage to Allyface.com and each Member shall indemnify Allyface.com against any loss or damages (including but not limited to loss of profits) suffered by Allyface.com as a result of such multiple use of an Account. Each Member hereby undertakes to inform Allyface.com immediately of any unauthorized use of its Account, Member ID or Password or any other breach of security. Each Member hereby agrees that for any loss or damages arising from the Member 's failure to comply with this paragraph, Allyface.com shall not be liable.
- All rights are reserved by Allyface.com to amend, upgrade, modify, limit or suspend the Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice. Further, Allyface.com reserves the right to introduce new features, functionalities or applications to the Service or to future versions of the Service. Unless otherwise stated by Allyface.com, all latest features, functionalities, applications, modifications, upgrades and alterations shall be governed by this Agreement.
- It is acknowledged by each member that incapacity to use the Service wholly or partially for whatsoever reason may have adverse effects on its business. Each Member hereby agrees that for any inability to use the Service (whether due to disruption, changes to or termination of the Service or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service, Allyface.com shall not be held legally responsible to the Member or any third parties .
4. Buyers and Suppliers Transactions
- It is agreed and warranted by each Member to provide with true, accurate, current and complete information about itself along with its business references and maintain and promptly amend all information to keep it true, accurate, current and complete. An irreversible, perpetual, worldwide and royalty-free, sub licensable (through multiple tiers) license is granted by each user to Allyface.com to display and use all information provided by such User in accordance with the purposes set forth in this Agreement. The same is done to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
- It is represented, warranted and agreed by each Member that information submitted to Allyface.com for display on the Site shall not:-
- Violate any pertinent law, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising;
- Include deceptive information or make fraudulent offers of items or involve the auction or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
- Be part of a scheme to defraud other Users of the Site or for any other unlawful purpose;
- Relate to auction of products or services that infringe or otherwise encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
- Be libelous, unlawfully threatening or troublesome;
- Be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise injurious to minors;
- Encourage discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Contain any material that give rise to civil liability, or otherwise violate any law or regulation, invades anyone's privacy or encourages conduct that would comprise of a criminal offence, and constitutes unauthorized publicity or harassment (including but not limited to spamming);
- Impersonate any individual or entity; misrepresent yourself or your affiliation with any person or entity;
- Solicit business from any Users in connection with a commercial activity that competes with Allyface.com;
- Link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are forbidden under this Agreement;
- Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or private information;
- Violate any provision in the Product Listing Policy;
- Otherwise create any legal responsibility for Allyface.com or its affiliates.
- It is represented, warranted and agreed by each Member with regards to information about or posted on behalf of any business referee that it has obtained all necessary consents, approvals and waivers from its business partners and associates to (a) act as such Member's business referee; (b) to post and publish their contact details and information, reference letters and comments on their behalf; and (c) that such business referees may be contacted by third parties to support claims or statements made about the Member. Each Member further warrants that all reference letters and comments are true and precise and hereby waives all requirements for such Member's consent to be obtained before third parties may contact the business referees.
- Any action shall not be taken by a Member that may undermine the integrity of Allyface.com's feedback system, such as leaving affirmative feedback for himself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another Member.
- It is acknowledged by each member that Allyface.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Service. Allyface.com does not support, verify or otherwise certify the contents of any comments or other material or information made by any Member. For the contents of their communications, content or other material or information, Each Member is solely responsible and may be held legally liable or accountable.
- It is represented, warranted and agreed by each Member that it has obtained all necessary third party licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Allyface.com or authorizes Allyface.com to display does not disobey the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Further each member warrants and agrees that it has the right and authority to sell, distribute or offer to sell or distribute the products described in the material or information it posts on the Site or provides to Allyface.com or authorizes Allyface.com to demonstrate.
5. Discussion Boards usage on the Site
An electronic web-based platform for exchanging information between buyers and suppliers of products and services is provided by Allyface.com. No commissions are charged by Allyface.com for completing any transactions as well as do not represent the seller or the buyer in specific transactions. Consequently, Allyface.com 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 procurement.
- We advice the Members to stay aware from the risk of dealing with people acting under forged pretences. Although several techniques are used by Allyface.com to verify the accuracy of the information our users provide us, when registering on the Site. However, because user verification on the Internet is difficult, Allyface.com cannot and does not confirm each User's purported identity (including, without limitation, (including, without limitation Silver, Gold and Platinum Suppliers). You are advised to use the various tools offered on the Site plus common sense, to evaluate with whom you are dealing.
- It is acknowledged by each member that all risks of purchase and sale transactions when using the Site to conduct transactions, the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site are fully assumed by it. Such risks shall include misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, impediment or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents, but are not limited to it. Each member agrees that for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a consequence of or in connection with any Transaction Risks, Allyface.com shall not be answerable or 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, fees, taxes, insurance, title, licenses, fines, permits, handling, transportation and storage, members are fully and wholly responsible.
- The member agrees to release and indemnify Allyface.com (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 association with such transaction, in case it has a dispute with any party over a transaction.
6. Limitation of Liability
Members of Allyface.com are provided use of discussion boards on the Site free of charge to encourage open, honest and courteous communication between all of our Members. These discussion boards shall not be used as a marketing platform by Members and Members shall not post any information relating to trade leads, promotion of their products or their company profile.
- It is acknowledged by each member that all data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted through a discussion board on the Site, are the sole responsibility of such Member from whom the content originated. This means that the posting Member, is entirely responsible for all content that is uploaded or posted via our discussion boards on the Site and not Allyface.com. Allyface.com does not control the content posted via discussion boards and therefore does not assure the accuracy, integrity or quality of such content.
- All rights are reserved by Allyface.com to delete or edit any postings in its sole discretion without prior notice. Allyface.com may monitor posting activities of any Member who is in breach of this Agreement and may restrict their ability to post messages on the discussion boards on the Site. Allyface.com will not be responsible in any way for any content, including (without limitation) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of the discussion boards by such Member, under any circumstances. Each Member agrees to evaluate and bear all risks associated with the use of any content including any reliance on its accuracy or completeness. It is well understood by each member that by using the Allyface.com discussion boards on the Site, such Member may be exposed to content that is offensive, indecent or obnoxious.
- Under Clause 3 of this Agreement, Each Member agrees not to use the discussion boards on the Site to:
- Upload, post or e-mail any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
- harm minors in any mode;
- "stalk" or otherwise harass another;
- upload, post or e-mail any content that you do not have a right to transmit under any regulation or under contractual or fiduciary relationships;
- upload, post or e-mail any content that infringes any intellectual property rights or other legitimate rights of any party;
- upload, post or e-mail any unsolicited or unauthorized publicity, promotional materials, "junk mail", "Spam", "chain letters", or any other form of solicitation;
5.4.8 collect or Member private data about other users;
- upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
- upload, post or e-mail any content that contains a complaint regarding Allyface.com's services or refers to such a grievance on the Site or to any other Members; any such complaint must be directed to the customer service e-mail on the Site; or
- infringe any applicable national or internal laws or regulations.
- It is acknowledged by every member that Allyface.com does not pre-screen content but that Allyface.com shall have the right (though not the obligation) in its exclusive discretion to move, revise or remove any content that is posted or uploaded on the discussion boards on the Site.
- Allyface.com is granted a perpetual, world-wide, royalty-free irrevocable, non-exclusive authorization (including the right to sub-license through multiple tiers)by its members to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and demonstrate any content (in whole or part) such Member uploaded, posted or e-mailed and/or to incorporate such content in other works in any form, media or technology now known or developed.
- Allyface.com and its subsidiaries, affiliates, employees, officers, agents or partners shall be indemnified harmless by its members from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to any content such Member uploaded, posted or e-mailed on or through the discussion boards on the Site, such Member's use of the discussion boards on the Site, or such Member's breach of the provisions set out in Clause 5.4.
- Allyface.com may ban, delete or forbid any content that relates to those breaches or that Allyface.com in its sole discretion consider being harmful to the public or the rights of Allyface.com or any of its affiliates, licensors, partners or Members.
- All rights are reserved by Allyface.com to take whatever action it considers necessary to avoid a Member's breach of Clause 5.4 including the following:-
- issue a warning letter to the relevant Member (where the breaches are considered by Allyface.com to be minor); or
- bar the relevant Member from discussion boards on the Site (where the breaches are considered by Allyface.com to be major).
All such incidents will be logged and Allyface.com's decision shall be concluding in all such cases.
- All information or content posted by the Allyface.com service team or by Members or third party partners on the Site is supplied for information purposes only and shall not under any circumstances be construed as legal and/or business advice or a legal opinion. Members are encouraged to seek independent professional guidance in such situations.
7. Intellectual Property Rights
- The features and services on the site are provided on an "as is" and "as available" basis, to the maximum extent permitted by law. Allyface.com hereby clearly 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.
- Allyface.com makes no representations or warranties about the validity, accuracy, reliability, quality, stability, completeness or current ness of any information provided on or through the site, to the maximum extent by law.
- Downloading or obtainment of data from the Site is done at each Member's sole discretion and risk and it is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No recommendation or information, whether oral or written, obtained by any User from Allyface.com or through or from the Site shall create any warranty not expressly stated herein.
- Allyface.com can’t be held responsible for a 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, insurrections, civil disturbances, shortages of labor or materials labor disputes, riots, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties, under any circumstances.
- Any liability shall not be borne by Allyface.com 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 agreement, negligence, tort or otherwise or any other damages resulting from any of the following:
The use or the incapacity to use the Service;
- Any defect in goods, samples, data, information or services purchased or obtained from a Member or a third-party service provider through the Site;
- Statements or conduct of any user of the Site;
- Illicit access by third parties to data or private information of any Member; or
- Any other matter relating to the Service however arising, including negligence.
- The sole owner of all the rights to the Site and the Eworldtradefair Content is Allyface.com. The Content on Allyface.com symbolizes trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership and intellectual property rights in the Site and Allyface.com Content shall linger with Allyface.com, its affiliates or licensors of the Allyface.com Content, as the case may be. All rights not otherwise claimed under this Agreement or by Allyface.com are hereby reserved.
- No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or produced by this Agreement. Both Allyface.com and the User are independent contractors.
- The outstanding provisions of this agreement shall be enforced and if any provision is held to be invalid or unenforceable, such provision shall be struck.
- Headings no way define, limit, construe or describe the scope or degree of such section and are for indicative only.
- Allyface.com's failure with respect to any breach by a User under this Agreement to enforce any right or failure to act will not waive that right nor waives Allyface.com's right to act with respect with consequent or alike breaches.
- All rights are assigned to Allyface.com in this Agreement including all of its titles, benefits, interests, and obligations and duties in this Agreement as well as in any agreement relating to Premium Services to any person or entity (including any affiliates of Allyface.com). The User may not assign, in whole or part, this Agreement to any individual or entity.