Terms of Use agreement TOU

ElectronicSuperShop "ESS" Terms of Use Acceptance of terms

The services that ESS provides to you on or in connection with the ElectronicSuperShop Web Site (“ElectronicSuperShop or ESS”) are subject to the following Terms of Use ("TOU"). ESS reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.

Description of Services

Through ElectronicSuperShop, ESS provides you with access to a variety of resources, including download areas, communication forums and merchandise information (collectively "Services"). ElectronicSuperShop and the Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

Personal and non-commercial use

Unless otherwise specified, ElectronicSuperShop and the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license or create derivative works from ElectronicSuperShop, the Services or any portion thereof.

Third Party Sites

In connection with your use of the Services, you may access or navigate to certain third party web sites, including, without limitation, web sites allowing for the purchase or download of software or other merchandise (collectively, “Third Party Sites”). You should carefully review the terms and conditions and privacy policy of each such Third Party Site. ALL THIRD PARTY SITES ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS, AND ARE NOT UNDER THE CONTROL OF ESS, AND ESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING SUCH THIRD PARTY SITES OR ANY SOFTWARE OR OTHER MERCHANDISE PROVIDED BY OR THROUGH SUCH THIRD PARTY SITES.

Software and other merchandise available through Services

Any software that is made available to download through the Services (“Software”), whether on the ElectronicSuperShop Web site or a Third Party Site, is the proprietary work of its respective supplier. Use of such software is governed by the terms of the end user license agreement, if any, which accompanies or is included it. (“License Agreement”).

SOFTWARE AND ANY OTHER MERCHANDISE ACQUIRED THROUGH OR IN CONNECTION WITH THE SERVICES, IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT OR THE APPLICABLE SELLER OR MANUFACTURERS TERMS AND CONDITIONS. ESS CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SOFTWARE AND OTHER MERCHANDISE ACQUIRED THROUGH OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Privacy and protection of personal information

See the Privacy Statement disclosures relating to the collection and use of your information.

Notice specific to merchandise information available on this Web site.

Merchandise information available on this Web site, including technical specifications, images, descriptions and pricing and availability information, may be furnished by third parties.

ESS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE TIMELINESS, ACCURACY OR SUITABILITY OF THE MERCHANDISE INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ESS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL ESS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ESS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MERCHANDISE AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

Notice regarding software, information and services available on ElectronicSuperShop

IN NO EVENT SHALL ESS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ElectronicSuperShop OR ANY SOFTWARE, INFORMATION, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM ElectronicSuperShop OR THE SERVICES.

No unlawful or prohibited use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any ESS server, or the network(s) connected to any ESS server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any ESS server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Use of Services

The Services may contain message or communication facilities designed to enable you to post merchandise ratings and reviews and otherwise communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.

Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses.

Violate any applicable laws or regulations.

Create a false identity for the purpose of misleading others.

ESS has no obligation to monitor the Communication Services. However, ESS reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. ESS reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

ESS reserves the right at all times to disclose any information as ESS deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ESS's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. ESS does not control or endorse the content, messages or information found in any Communication Services and, therefore, ESS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized ESS spokespersons, and their views do not necessarily reflect those of ESS.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

Materials provided to ESS or posted at any ESS Web site

ESS does not claim ownership of the materials you provide to ESS (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting ESS, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all ESS Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. ESS is under no obligation to post or use any Submission you may provide and ESS may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

IN NO EVENT WILL ESS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF ElectronicSuperShop OR THE SERVICES, EVEN IF ESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE ElectronicSuperShop OR SERVICES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY ESS PARTY WITH RESPECT TO THIS AGREEMENT OR THE ElectronicSuperShop OR SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ElectronicSuperShop OR THE SERVICES, AS APPLICABLE.

Any use of the services provided by ElectronicSuperShop indicates complete agreement with the Terms of Agreement listed above.

Copyright 2006 Electronicsupershop.com. All images, code, and layout are the properties of Electronicsupershop.com and/or its affiliates. Use of any of the material is prohibited without the expressed permission of Electronicsupershop.com or the respective parties.

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