Tropiscape Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Tropiscape, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your Tropiscape.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Tropiscape may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Tropiscape liability. You must immediately notify Tropiscape of any unauthorized uses of your blog, your account or any other breaches of security. Tropiscape will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Tropiscape or otherwise.
- By submitting Content to Tropiscape for inclusion on your Website, you grant Tropiscape a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Tropiscape will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Tropiscape has the right (though not the obligation) to, in Tropiscape’s sole discretion (i) refuse or remove any content that, in Tropiscape’s reasonable opinion, violates any Tropiscape policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Tropiscape’s sole discretion. Tropiscape will have no obligation to provide a refund of any amounts previously paid.
- Responsibility of Website Visitors. Tropiscape has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Tropiscape does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Tropiscape disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Tropiscape.com links, and that link to Tropiscape.com. Tropiscape does not have any control over those non-Tropiscape websites and webpages, and is not responsible for their contents or their use. By linking to a non-Tropiscape website or webpage, Tropiscape does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Tropiscape disclaims any responsibility for any harm resulting from your use of non-Tropiscape websites and webpages.
- Copyright Infringement and DMCA Policy. As Tropiscape asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Tropiscape.com violates your copyright, you are encouraged to notify Tropiscape in accordance with Tropiscape’s Digital Millennium Copyright Act (“DMCA”) Policy. Tropiscape will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Tropiscape will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Tropiscape or others. In the case of such termination, Tropiscape will have no obligation to provide a refund of any amounts previously paid to Tropiscape.
- Intellectual Property. This Agreement does not transfer from Tropiscape to you any Tropiscape or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Tropiscape. Tropiscape, Tropiscape.com, the Tropiscape.com logo, and all other trademarks, service marks, graphics and logos used in connection with Tropiscape.com, or the Website are trademarks or registered trademarks of Tropiscape or Tropiscape’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Tropiscape or third-party trademarks.
- Advertisements. Tropiscape reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. Tropiscape reserves the right to display attribution links such as ‘Blog at Tropiscape.com,’ theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. Tropiscape reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Tropiscape may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Tropiscape may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Tropiscape.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Tropiscape if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Tropiscape’s notice to you thereof; provided that, Tropiscape can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Tropiscape and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Tropiscape nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Tropiscape, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Tropiscape under this agreement during the twelve (12) month period prior to the cause of action. Tropiscape shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Tropiscape, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Tropiscape and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Tropiscape, or by the posting by Tropiscape of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Hawaii, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Hawaii County, Hawaii. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Kailua-Kona, Hawaii, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Tropiscape may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
By agreeing to our Auction Policies, you’ll be helping to keep Tropiscape.com a safe and friendly place to browse, bid, buy and sell.
The following describes the Policies and Terms on which Tropiscape.com offers you access to our system and services. By registering on our site, you accept and agree to abide by the Policies and Terms as listed below.
The Tropiscape.com Policies may be amended at any time. Amendments, if any, will become effective 30 days after initially posted on our site and may not be otherwise amended except in writing approved and signed by an authority of Tropiscape.com
a. Topiscape.com does not offer User access to any User-provided information considered by us as being confidential user information. This information includes: telephone numbers, credit card or bank account data and any other user-provided information we may include at our sole discretion.
2. User Eligibility
a. Our services are available for use only by individuals able to form legally binding contracts under applicable law. Without limiting the foregoing, minors are not eligible to register for use of our system or its services. If you are not eligible, please do not use Tropiscape.com.
3. Designated Use
a. Our site is for use by our Registered Users to offer items or services for sale to other Registered Users in a classified auction format. Tropiscape.com is only a service and does not participate in resulting transactions between users. You may not use any device, software, or procedure to interfere or attempt to interfere with any auction or internal management system, affecting the normal operation of the Tropiscape.com site.
4. Our User Fees
a. There are presently no user fees for the use of the Tropiscape.com Auction service.
5. As a User of Our Service
a. You are responsible for paying all applicable taxes and costs you may incur.
b. At our sole discretion, we may add to, alter or discontinue a portion or all of our services at any time, without previous notice. In addition, you accept and acknowledge that Tropiscape.com prohibits conduct and content that is illegal, offensive, indecent or objectionable. You also understand and agree that Tropiscape.com may or may not pre-screen content and shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or move, any content submitted to Tropiscape.com.
c. Registering on Tropiscape.com, as a Subscriber, Bidder, Vendor, or any other Membership Option, constitutes acceptance of Tropiscape.com’s Auction Policies.
6. User Responsibilities and Cautions
a. Tropiscape.com will not be responsible for, and has no control concerning the availability, quality, safety or legality of the items, shipping, or services listed or advertised on our site. We cannot warrant the truth or accuracy of listings, images, the ability of users to bid, buy or sell, or the ability of users to complete any transactions initiated by using our site.
b. Users are cautioned of the potential risks in dealing with underage persons, foreign nationals, or those with fraudulent intentions. In addition, there are numerous agricultural laws regarding the shipping and importation of live plant material into and out of States, Countries, and at times quarantined areas within such jurisdictions. The obligation to research, understand, and comply with such laws is sole responsibility of the parties engaged in any transaction, and Tropiscape.com will not advise or accept liability for User compliance with these complicated agricultural laws and restrictions. Tropiscape.com will assist any agricultural authorities requesting information about the identity or transaction history of any Tropiscape.com User.
c. Because Tropiscape.com cannot and will not be involved in User-to-User dealings, in the event of any dispute with one or more users, you release Tropiscape.com, our agents and employees from claims, demands and damages (actual and consequential) of every form and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or in any way connected with such disputes.
d. Tropiscape.com is not responsible for any user-submitted content or information appearing on our site. The text, images, graphics or any other information (including User Feedback) posted by other Users, may be offensive, inaccurate, harmful, deceptive, and socially or religiously adverse. We simply ask you to use caution and common sense as a User of our site.
7. Bidding and Buying
a. If you bid on an item and your bid is accepted by the Seller, you may be obligated to complete that transaction. If you choose to bid on any item(s), you are certifying that you have the legal right to purchase and receive the item(s).
b. In order to facilitate the completion of a sale Tropiscape.com will initiate a Winner of Auction email to buyers that includes the sellers listed email and payment information.
c. In addition, a bidder will be able to contact the seller prior to the end of auction to ask questions.
8. Listing and Selling
a. Listings are text descriptions, pictures and graphic images on the Tropiscape.com website, you can supply either (a) the text in which describes the item(s) you are listing for auction or (b) links to the text, picture(s) and graphics describing the item(s) you are listing for auction.
b. If you receive one or more bids at or above your established item sale price, then you may be obligated to complete the transaction. You may not contact bidders in a current auction being conducted by another seller, to interfere with or compete against that Seller. All User-supplied text, graphics and images posted on our site become the property of Tropiscape.com. We do not guarantee the preservation of any listing or records of, including without limiting those of specific transactions.
c. In order to facilitate the completion of a sale Tropiscape.com will initiate an End of Auction Item Sold email to Sellers that includes the Buyers email and other information.
9. Your Given Information
a. Information that is provided by you, to Tropiscape.com or our Users, during the course of any communication related to using our site is defined herein as “Your Given Information”. With respect to Your Given Information:
b. You are solely responsible for Your Given Information, as Tropiscape.com acts as an avenue for your online publication and distribution of Your Given Information. Under any conditions, we reserve our right to take any actions with respect to such information we deem necessary or appropriate in our sole discretion, to protect against any possible loss or liability imposed on Tropiscape.com, our Users, our service providers, including any and/or all of our Vendors.
c. Your Given Information and the sale of your item(s) or service(s) at Tropiscape.com:
1) Shall not infringe on any third party’s copyright, trademark, patent, trade secrets, proprietary rights, rights of publicity or privacy;
2) Shall not violate any law, statue, ordinance, or regulation (including without limiting those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
3) Shall not be defamatory, trade libelous, unlawfully threatening or harassing.
4) Shall not be obscene or contain pornography, or if regulated by law as some items or services may be, shall be posted in the appropriate category and shall be distributed to only the individuals that are legally permitted to receive such merchandise;
5) Shall not contain any computer related viruses, time bombs, worms, trojan horses, cancelbots or other programming procedures that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
6) Shall not feature any content or access to, that you do not have the right to link to or include;
7) Shall not, by any of your actions, cause Tropiscape.com to violate any applicable laws, statutes, ordinances or regulations.
10. Manipulation of Bids
a. Sellers shall not place bids within their own auctions.
11. User Feedback
a. All Users are encouraged to post feedback concerning completed auctions with other Users. Feedback may only be posted by the User(s) involved in a completed auction. One feedback entry is allowed per user, per completed auction.
b. The feedback venue is to be used ONLY to describe quality of service, products, or speed of payment regarding the specific transaction that was consummated between the buyer and seller. Tropiscape.com reserves the right to delete, suspend, and/or block any user or feedback for any reason deemed inappropriate or damaging to Tropiscape.com
12. No Warranty
a. WE AND OUR SUPPLIERS PROVIDE THE OnlineAuction.com WEBSITE AND OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary, from state to state
13. Limit of Liability
a. IN NO EVENT SHALL Tropiscape.com OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH OUR POLICIES AND USER AGREEMENT.
b. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS; TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, or (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
14. Compliance with Laws
a. Federal and State Licensing Requirements
b. All Federal & State licensing requirements are the sole responsibility of the individual users/sellers of Tropiscape.com.
c. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items.
15. No Agency
a. You and Tropiscape.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by Our Policies and User Agreement.
a. We may terminate your User eligibility and any of your current auctions immediately if you breach these policies or if we are unable to verify or authenticate any information you provide to us.
a. Our Policies and User Agreement shall be governed in all respects by the laws of the State of Hawaii as such laws are applied to agreements entered into and to be performed entirely within Hawaii, between Hawaii residents. Both parties submit to jurisdiction in Hawaii and further agree that any cause of action arising under this agreement shall be brought exclusively in a court in Honolulu, Hawaii. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
18. Our Policies and User Registration/Agreement
a. By completing and submitting the Tropiscape.com Registration form, you are verifying your agreement and compliance with all of the policies, terms and conditions as contained herein.
b. For Questions on any of our policies, please contact: firstname.lastname@example.org