Terms and conditions

Updated on: May 26, 2021

 

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY

 

SECTION 1 – ACCEPTANCE OF CONDITIONS

The website www.marketplacelobbynoir.com, which includes related social media sites and pages, as well as the various content, features, other materials, products and services offered or available in connection with the online store are operated by Mfunguamoyo Corporation. (We, “we” and “our”) and provided to buyers, sellers and other visitors (each a “user”) accessing or interacting in any way with the site. The user accepts that by accessing the site and the services, the user has read, understood and accepts to be bound by all these conditions of use. IF THE USER DOES NOT ACCEPT ALL OF THESE TERMS OF USE, USING THE SITE OR THE SERVICES IS EXPRESSLY FORBIDDEN AND MUST BE DISCONTINUED IMMEDIATELY. Any new functionality or tool added to the online store will also be subject to these terms of use. Users can review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these terms of use by posting updates and / or changes to our site. It is the user’s responsibility to regularly check this page for changes. Continued use or access to the site after the posting of any changes constitutes acceptance of the changes.

SECTION 2 – GUARANTEES AND REPRESENTATIONS OF THE USER

The user guarantees and declares to have the right and the legal capacity to accept and comply with these conditions of use. The User affirms to be at least the age of majority in his country, province or residence, or that the User is of the age of majority in his country or province of residence and has given us his consent to allow one of the User’s minor dependents to use the site. User is fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service. In addition, the user guarantees and declares that he will not access the site by automated or non-human means, whether through a robot, of a script or others. If the user is using the site on behalf of a third party, including, but not limited to, a business entity,

We are a service provider and make no representations about the safety, effectiveness, suitability, accuracy, availability, pricing, ratings, reviews, or legality of any information contained in the online store. or any other good or service displayed or offered through the Site. The user understands and accepts that the content of this site does not contain or constitute representations on which he can reasonably rely, and the user agrees to protect us from any errors, omissions or false statements contained. in the content of the site. We do not endorse or recommend any service and the site is provided for information and advertising purposes only.

The User may not use the Site or the Services for illegal or unauthorized purposes and the User may not, in using the Services, infringe any law. Unauthorized products include: Adult content, Adult themes in family content, Dangerous or derogatory content, Recreational drugs and drug-related content, Intoxicants of any kind, illegal drugs or products, alcoholic beverages, gambling Chance, Pornography and Graphics Adult images or content products, Alcohol-related content, Tobacco-related content, Gaming-related content, Healthcare-related content, Hacking and cracking content, Products offering compensation programs, Misleading content , Offensive content, Weapons-related content, Content that allows dishonest behavior and illegal content etc.

SECTION 3 – ACCURACY AND TIMELINESS OF INFORMATION

Although we make every effort to provide accurate, reliable and credible information on the site, certain services offered or available through the site are subject to change and may not be accurate, complete or up to date. We are not responsible if the information made available on this Site or related to the Services is not accurate, complete or up to date. The content of this site is provided for general information purposes only and should not be relied on or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the information contained on this site is at the user’s own risk. This site may contain certain historical information.

SECTION 4 – CHANGES TO THE SITE AND PRICES

We reserve the right to change, modify or remove the content of this site or any of the terms or conditions contained in these Terms of Service at any time or for any reason in our sole discretion and without notice. . However, we have no obligation to update any information on our site. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. For example, the prices of products offered or available on the online store and other Services available in connection with the Site are subject to change without notice. We will not be liable to the User or any third party for any modification, price change, suspension or interruption of the Site or the Services. Any change or modification will be effective immediately after the posting of the revised Terms of Use on the Site and the User waives any right to receive specific notice of each change or modification. The continued use by the User of the Site or the Services after such publication means that the User accepts and agrees to be bound by the amended Terms of Use. We encourage the user to periodically review these Terms of Service to stay informed of updates. The user agrees to be responsible for monitoring changes to the site. The continued use by the User of the Site or the Services after such publication means that the User accepts and agrees to be bound by the amended Terms of Use. We encourage the user to periodically review these Terms of Service to stay informed of updates. The user agrees to be responsible for monitoring changes to the site. The continued use by the User of the Site or the Services after such publication means that the User accepts and agrees to be bound by the amended Terms of Use. We encourage the user to periodically review these Terms of Service to stay informed of updates. The user agrees to be responsible for monitoring changes to the site.

SECTION 5 – AVAILABILITY OF PRODUCTS / RETURN POLICY

We have made every effort to display the colors and images of the products displayed on the Site as accurately as possible. We cannot guarantee that any user’s electronic display of any color or image will be accurate. Some products may be available exclusively online through the site. These products may have limited quantities and may be returned or exchanged only in accordance with each seller’s return policy.

We reserve the right, but not the obligation, to limit sales of products to any person, geographic region or jurisdiction. We can exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products offered or available on the Site. All descriptions of products or prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We do not guarantee that the quality of any product, information or other material purchased or obtained by you will meet your expectations or that any errors in the site or the services will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed through the Site. We may, at our sole discretion, limit or cancel the quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment card data and / or orders that use the same billing and / or shipping address. In the event that we modify or cancel an order, we may attempt to notify the User by contacting by email and / or the billing address / telephone number provided at the time of the order. We reserve the right to limit or prohibit orders which, in our sole judgment, appear to be placed through resellers, or distributors. The User agrees to provide current, complete and accurate purchase and account information for all purchases made through the Site. The user further agrees to promptly update account and other information, including email address, payment card information and expiration dates, so that we can complete the user’s transactions. and contact users if necessary. For more details, please see our so that we can complete user transactions and contact users as needed. For more details, please see our return policy so that we can complete user transactions and contact users as needed.

SECTION 7 – THIRD PARTY LINKS

Certain content, products and other services available through our site may include material from third parties. The user accepts and acknowledges that by using the site and the services, certain third parties will have the right to contact the user through the information that the user provides on the site. These third parties are beyond our authority and control and the User accepts and acknowledges that the content and frequency of any contact established with the User by email, SMS, telephone or otherwise by these third parties is not our responsibility. The User releases us from any loss suffered by the User or the company that the User represents or the damage caused to the User concerning or resulting in any way from the content or context of such contact. Please see our privacy policy for more information on the use of the user’s personal information. Through the Site, we provide a place through which third parties can make offers to Users. We do not perform due diligence with respect to these third parties and simply provide space on the Site for these third parties to advertise their products and services. The User accepts and acknowledges that we do not endorse the products or services of these third parties and the User releases us from any damage caused by the purchase or use of these products or services by the User.

SECTION 8 – ADVERTISERS

We allow advertisers and sponsors to display their advertisements and other information in certain areas of the Site, but not limited to side-mounted advertisements or banner ads. If the User is an advertiser, the User will assume full responsibility for the advertisements that he places on the Site, and all the services provided on the Site or the products sold through these advertisements. We are simply providing the space to place such advertisements and have no other relationship with advertisers or sponsors. Advertisers represent and warrant that they own all rights and authority to place advertisements on the site, including, but not limited to, intellectual property rights, publicity rights and contractual rights. Advertisers agree that all advertisements placed on the Site are considered User Generated Content as defined herein and under the law. Advertisers agree that these advertisements are subject to our copyright policy and the opt-out provisions therein. Advertisers agree that there will be no refund or other compensation for withdrawal issued Mfunguamoyo Corporation .

Shipping fees :

It is paramount that your shipping fees are set when adding products to your store to ensure that customers can purchase the items.
It is a prerequisite to validate your store in order to sell your products.

Vendor’s payment:

Our commission is deducted before the release of funds and amounts to 20% of any order.
Vendor’s payment only takes place when the product is received by the client starting from a minimum of 4 working days.
If your product arrives within 3 working days, it is possible to pay you immediately upon tracking being provided or the customer confirming receipt.

Please note that in order to pay vendors, vendors must have verified their ID by providing us with a proof of address and a copy of their ID downloadable from their store.

SECTION 9 – USER SUBMISSIONS

User acknowledges and agrees that all comments, questions, suggestions, ideas or other information or materials regarding the site or the services which are provided by the user as a submission to us or any post on the site, will become our exclusive property. We will hold exclusive rights, including all intellectual property rights, and will have the right to the unrestricted use and distribution of these materials for lawful purposes without acknowledgment or compensation to the user or the business that the user represents. User hereby waives all moral rights to such documents and user hereby warrants that such documents are original, or that user has the right to submit such documents.

SECTION 10 – USER GENERATED CONTENT

The site includes services in which the user can create, publish, share or store content, messages, material, data, text, documents, photos, emails, names, images, videos, advertisements, listings, information, profiles and other content that the user offers to the Site (User Generated Content). User Generated Content will be visible to other users of the Site and Services and through third party websites. The user should only provide User Generated Content intended to be shared with others under these Terms of Service. User-generated content belongs to the user who created the content, subject to our rights set forth in these terms of use and user warranties and represents that the user has the legal right to provide any user-generated content to this site. The user grants us an irrevocable and non-exclusive license to use, reproduce, publish, distribute, modify, destroy or otherwise use User Generated Content, including copies thereof, for the purposes of the Site or the Services. The user agrees to waive all moral rights in User Generated Content, and the user warrants that moral rights have not been otherwise claimed in User Generated Content. The user is solely responsible for his user-generated content and the consequences of the submission, the posting or posting of user-generated content on the site. The user expressly agrees to hold us free from all liability and to refrain from any legal action against us regarding User Generated Content. The user guarantees that moral rights have not been otherwise claimed in the User Generated Content.

The user is solely responsible for the use of the Site and the Services by the User and the company that the User represents and the User undertakes not to publish, download, transmit, distribute, store, create or otherwise post through the Site any of the following: (a) User Generated Content that is unlawful, defamatory, obscene, pornographic, indecent, suggestive, harassing, threatening, invasive of privacy or publicity rights , inflammatory, fraudulent, deceptive; (b) User Generated Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, federal or international law; (c) User Generated Content that may infringe the rights of third parties, including any patent, trade secret, copyright or other intellectual or proprietary right of any party; (d) unsolicited promotions, advertisements or solicitations; (e) the private information of any third party; (f) viruses, corrupted data or other harmful, disruptive or destructive files; or (g) User Generated Content which, in our sole judgment, is objectionable or which restricts or prevents any other user from using or enjoying the Site and / or the Services, or which may expose or expose us other users of the Site or the Services to any damage or liability of any kind. copyright or any other intellectual or proprietary right of any party; (d) unsolicited promotions, advertisements or solicitations; (e) the private information of any third party; (f) viruses, corrupted data or other harmful, disruptive or destructive files; or (g) User Generated Content which, in our sole judgment, is objectionable or which restricts or prevents any other user from using or enjoying the Site and / or the Services, or which may expose or expose us other users of the Site or the Services to any damage or liability of any kind. copyright or any other intellectual or proprietary right of any party; (d) unsolicited promotions, advertisements or solicitations; (e) the private information of any third party; (f) viruses, corrupted data or other harmful, disruptive or destructive files; or (g) User Generated Content which, in our sole judgment, is objectionable or which restricts or prevents any other user from using or enjoying the Site and / or the Services, or which may expose or expose us other users of the Site or the Services to any damage or liability of any kind.

We take no responsibility and assume no responsibility for any User Generated Content posted, stored or uploaded by the User or any third party, or for any loss or damage to, and we are not responsible for errors, defamations, slanders, omissions, lies, obscenity, pornography or blasphemy that the User may encounter on the Site. Use of the Site and the Services is at the User’s own risk. Enforcement of User Generated Content or the rules of conduct set out in these Terms of Service is at our sole discretion, and failure to comply with these rules in certain circumstances does not constitute a waiver of our right to apply these rules in other cases. In addition, we are not responsible for any statements, representations or user-generated content provided by the user in any area of ​​the site. Any use of the site or the services in violation of the foregoing violates these terms of use and may result, among other things, in the termination or suspension of the user’s rights to use the site and the services. While there is no obligation to do so, we reserve the right, at our sole and absolute discretion, to remove or edit any User Generated Content at any time and for any reason without prior notice. Any use of the site or the services in violation of the foregoing violates these terms of use and may result, among other things, termination or suspension of the user’s rights to use the site and the services. We have no obligation to monitor User Generated Content. We reserve the right at any time to disclose any information necessary to comply with any law, regulation, legal process or appropriate government request, or to modify, refuse to post or remove any information or material, in whole or in part, in our sole discretion. Materials uploaded as User Generated Content may be subject to published restrictions on use, reproduction and / or distribution. The user must respect these limitations if he is responsible for downloading the documents. We have no obligation to monitor User Generated Content. We reserve the right at any time to disclose any information necessary to comply with any law, regulation, legal process or appropriate government request, or to modify, refuse to post or remove any information or material, in whole or in part, in our sole discretion. Materials uploaded as User Generated Content may be subject to published restrictions on use, reproduction and / or distribution. The user must respect these limitations if he is responsible for downloading the documents. We have no obligation to monitor User Generated Content. We reserve the right at any time to disclose any information necessary to comply with any law, regulation, legal process or appropriate government request, or to modify, refuse to post or remove any information or material, in whole or in part, in our sole discretion. Materials uploaded as User Generated Content may be subject to published restrictions on use, reproduction and / or distribution. The user must respect these limitations if he is responsible for downloading the documents. appropriate legal process or government request, or to modify, refuse to post or remove any information or material, in whole or in part, in our sole discretion. Materials uploaded as User Generated Content may be subject to published restrictions on use, reproduction and / or distribution. The user must respect these limitations if he is responsible for downloading the documents. appropriate legal process or government request, or to modify, refuse to post or remove any information or material, in whole or in part, in our sole discretion. Materials uploaded as User Generated Content may be subject to published restrictions on use, reproduction and / or distribution. The user must respect these limitations if he is responsible for downloading the documents.

The user should always exercise caution when providing personally identifiable information in any user-generated content. We do not control or endorse the content, messages or information contained in any User Generated Content and the views and opinions expressed by users of the Site and the Services do not necessarily reflect or reflect our views, by therefore, we expressly disclaim any liability for User Generated Content. We will retain user-generated content for as long as we are operating the Site. If the user wants us to remove any user-generated content, the user must notify us by email.

SECTION 11 – CONFIDENTIALITY POLICY

Protecting the privacy of user information is a top priority for us. The user agrees to be bound by our  privacy policy  , which is incorporated into these terms of use. The user is invited to refer to the  privacy policy to find out how we collect, use and disclose information collected on the site. Please note that the site and the services are hosted in the Netherlands and the United Kingdom. If the user accesses the site or the services from the Americas, Africa, the European Union, Asia or any other region whose laws or other requirements governing the collection, use or disclosure of personal data differ from the laws applicable in the Netherlands and the United Kingdom, through the continued use of the site by the user, or services, the user transfers information to the Netherlands and the United Kingdom and the user consents expressly to this transfer.

SECTION 12 – OWNERSHIP OF SITE CONTENT

The Site and the Services, which include but are not limited to text, software, scripts, graphics, photos, sounds, music, videos, interactive features, etc., as well as their selection and their arrangement, belong to us. The Site and the Services are subject to copyright, trademark and other intellectual property rights. We will protect its copyright in the Site and Services to the fullest extent permitted by law. The User agrees to observe and respect all copyrights and other proprietary notices, legends or other restrictions contained in such material and will not make any modification to the Site other than to the extent permitted by the Terms of Service and use.

SECTION 13 – COPYRIGHT POLICY

Unless otherwise indicated, the Site and the Services are our exclusive property and protected by copyright laws. All rights reserved. Many users do not use the Site or the Services for anything not permitted by these Terms of Service or copyright laws. Nothing in these terms of use will be interpreted as granting any license to intellectual property rights. We respect the intellectual property rights of others. In accordance with the law we strive to remove any counterfeit martial activity from the site. We have adopted a policy of terminating users of the site or services who are deemed to be repeat offenders.

Each user must know and comply with applicable copyright laws. Any violation of these terms of use will result in the immediate revocation of the license granted through these terms of use without notice to the user. If the user believes that something on the site infringes a copyright that he owns or controls, the user can file a notice of such infringement with us by e-mail at: marketplace@lobbynoir.com. If the user knowingly misrepresents in the notification that the material infringes, the user will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as a result of our reliance on such misrepresentation to remove or disable access to allegedly infringing material.

If the user believes that the content submitted by the user, which has been removed (or access has been disabled), does not infringe, or that the user is authorized by the owner of the copyright, the agent of the copyright owner or by law, to publish and use this content, then User can send a counter-notification to marketplace@lobbynoir.com, acting as designated agent for the rights of author, containing the following information: physical or electronic signature of the user; Identification of the content that has been removed or to which access has been disabled and the location to which the content appeared before it was removed or disabled; A statement that the user has a good faith belief that the content has been removed or disabled as a result of an error or misidentification of the content; and the name, address, telephone number and email address of the user, a statement that the user consents to the jurisdiction of the court, and a statement that the user will accept the service of the proceedings of the person who notified the alleged infringement.

If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party advising them that we can replace the removed content or cease deactivating it within 14 working days. Unless the copyright owner files an action for a court order against the content provider or user, the deleted content may be replaced or its access restored within 21 business days or more after receipt of the counter notification, at our sole discretion.

SECTION 14 – TRADEMARKS

The Services and other elements contained on the Site include both our registered and unregistered trademarks, including its domain names, logos, slogans and designs, protected in accordance with applicable laws. The user may not use our trademarks, or any imitation, as a source indicator or as part of a domain name which is likely to confuse the consumer. In addition, the appearance and feel of the Site are our service mark, trademark and / or trade dress and may not be copied, imitated or used by the User other than what we specifically authorize. All other trademarks, service marks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any product, service, process or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply an endorsement, sponsorship or recommendation thereof, or an affiliation with it. here, by us. The user can browse the site, download and print content if he retains all copyrights, proprietary statements and trademark notices intact. No reproduction of the Site may be distributed for commercial purposes.

SECTION 15 – PROHIBITED USES

In addition to the other prohibitions set out in the Terms of Service, Users are prohibited from using the Site or the Services: (a) for illegal purposes; (b) to solicit third parties to perform or participate in illegal acts; (c) violate any local, international, federal, provincial or state regulations, rules, laws or ordinances; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, denigrate, intimidate or discriminate on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) submit false or misleading information; (g) to download or transmit viruses or any other type of malicious code that will or may be used in a manner that will affect the functionality or operation of the Service or any related website, other websites or the Internet; (h) collect or track the personal information of others; (i) for spam, phishing, pretext, spider, crawl or scratch; (j) for obscene or immoral purposes; or (k) to interfere with or bypass the security features of the Site or the Services or any related website, other websites or the Internet.

Quality policy concerning images:

You are required to use pictures
– of a reasonable format
– of good visual quality
– without any mention suggesting or directing customers to other platforms since we are a trading marketplace and not an advertising platform

We reserve the right to terminate User access to the Site or Services or any related website for violation of any of the prohibited uses.

SECTION 16 – MODIFICATIONS, INTERRUPTIONS AND TERMINATION

We cannot guarantee that the Site and the Services will be available at all times. We may experience hardware, software or other issues or need to perform site-related maintenance, causing interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the site or the services at any time and for any reason without notice to the user or any company. The user agrees that we assume no responsibility for any loss, damage or inconvenience caused by the inability for the user to access or use the Site or the services during any interruption of the Site or the services. Nothing in these Terms of Service will be construed as obliging us to maintain and support the Site or the Services. We may block, deny, terminate, suspend or limit User’s access or use of the Site or the Services in our sole discretion, at any time and for any reason and without notice or liability. We have no responsibility or obligation to maintain the Services on the Site or to provide any corrections, updates or versions relating thereto.

SECTION 17 – DISCLAIMER

THE SITE AND THE SERVICES ARE PROVIDED AS IS, AS AVAILABLE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARD TO THE SITE AND THE SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NO DEFECTS LATENTS OR OTHERS, PRECISION, PRESENCE OR ABSENCE OF ERRORS, DISCOVERIES OR NOT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO THE USER. THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED OR AVAILABLE ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL AND / OR TYPOLOGICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION CONTAINED HEREIN. WE AND / OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND / OR CHANGES AT ANY TIME TO THE SITE OR THE SERVICES. WE ARE NOT RESPONSIBLE FOR USER GENERATED CONTENT, USER CONDUCT OR ANY APPLICATIONS, SOFTWARE OR OTHER CONTENT POSTED BY THIRD PARTIES. WE DO NOT ASSUME ANY RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY OR UNAUTHORIZED ACCESS TO ANYONE, OR MODIFICATION OF ANYONE. WHILE WE ATTEMPT TO SECURE ACCESS AND USE OF THE SITE AND THE SERVICES BY USERS, WE MAY NOT REPRESENT OR WARRANT THAT THE SITE OR THE SERVICES ARE FREE OF VIRUSES, MALWARE, DEFECTIVE SOFTWARE, OR ‘OTHER HARMFUL COMPONENTS. THE USER IS CAREFUL TO USE THE SITE AND THE SERVICES AT THE USER’S OWN RISK.

SECTION 18 – LIMITATION OF LIABILITY

IN NO EVENT SHALL WE OR OUR EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, WHETHER IN CONTRACT, TORTURE OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR THE IMPOSSIBILITY TO USE THE SITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES CAUSED BY OR RESULTING FROM USER’S CONFIDENCE ON ANY INFORMATION OBTAINED FROM US OR RESULTING FROM ERRORS, OMISSIONS, INTERRUPTIONS , DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, OPERATION OR TRANSMISSION DELAYS OR ANY PERFORMANCE FAILURE, WHETHER OR NOT RESULTING FROM AN ORDINARY OR EXTRAORDINARY ACT, VISIBLE OR INVISIBLE, D ‘ COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR FILES, PROGRAMS OR SERVICES. SOME LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS.

SECTION 19 – INDEMNIFICATION

Advertisers
Advertisers agree and warrant that they will defend, indemnify and hold us harmless, including our employees and agents, against all claims, damages, obligations, losses, liabilities, costs or debts and expenses, including fees lawyer, which arise. from: (a) Advertisements from the Advertiser or any other information that an Advertiser provides or displays on the Site; (b) the advertiser’s breach of these terms of use; (c) the advertiser’s violation of the rights of any third party, including, but not limited to, intellectual property rights; (d) any claim that the services or activities of the advertiser have caused damage to a third party; and (e) any false information disseminated through advertisements or any other information that the advertiser provides or displays on the Site. The advertiser accepts that its obligation to defend, indemnify,General user (customer, seller or anyone using our site)
User agrees to defend, indemnify and hold harmless us, including our employees and agents, against all claims, damages, obligations, losses, liabilities, costs or debts, and expenses, including fees of lawyer, which arise from: (a) Use and access by the User to the Site; (b) user violation of these terms of use; (c) user violation of the rights of any third party, including but not limited to intellectual property rights; (d) any claim that User Generated Content has caused damage to a third party; (e) any negligent advice given to any other user with whom the user connects through the site; (f) any manifest harmful act towards any other user with whom the user has connected via the site; and (g) any act or omission by the User relating to the Site, the Services or the User-generated Content.

SECTION 20 – SEVERABILITY

In the event that any provision of these Terms of Use is found to be illegal, void or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be separate from these Terms of Use. Service, such determination will not affect the validity and enforceability of the other remaining provisions.

SECTION 21 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision. These Terms of Service and any policies or operating rules published by us on this site or in relation to the Services constitute the entire agreement and understanding between the parties and govern the use of the Services, replacing all prior or contemporaneous agreements, communications and proposals, whether oral or written, between the parties (including, but not limited to, all prior versions of the Terms of Service). No ambiguity in the interpretation of these terms of use should be interpreted against the editor. USER AGREES THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, OR THESE TERMS OF SERVICE SHALL BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION GRANTED. IF THIS IS NOT THE CASE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRIED OUT.

 

SECTION 22 – APPLICABLE LAW

These terms of use and any separate agreements by which we provide services to you will be governed by and construed in accordance with the laws of the United Kingdom applicable to agreements made and fully performed in the country, without regard to conflict of law principles.

SECTION 23 – QUESTIONS AND COMMENTS

Questions, comments, concerns or reports about any violation of these Terms of Service should be emailed to us at:  marketplace@lobbynoir.com  . We will try to resolve any issues to the best of our ability and pedagogy.