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Terms and Condition
NO RELIANCE
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Whilst Maxlative Trading Corporation has endeavored to ensure the accuracy of the
information accessed via the Website, it does not guarantee or give any warranty
as to the truth, accuracy, timeliness safety, reliability, compliance, quality or
function, or completeness of any information or material on the Website. In any
case, Maxlative Trading Corporation reserves the right to remove any item which
it believes to be in breach of these Terms or which does not comply with any applicable
legislation.
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YOUR OBLIGATIONS AND WARRANTIES
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You warrant that any details provided by you and/or any use of the Website by you,
any communication with any potential buyer or swapper and any sale or swap (a) shall
not infringe the intellectual property or other rights of any third party, (b) is
not libelous or defamatory, (c) shall not otherwise result in injury or damage to
obscene, insulting, false, unreliable or misleading. You agree that you are responsible
for sending accurate details to Maxlative Trading Corporation.
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PRIVACY POLICY
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The privacy policy also forms part of these Terms and you agree that we may use
your personal data as set out in the privacy policy.
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LINK TO THE WEBSITE
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Websites or pages to which the Website is linked are for information only and have
not been reviewed by Maxlative Trading Corporation. Maxlative Trading Corporation
has no responsibility for the content of the websites or pages linked or linking
to this website, and Maxlative Trading Corporation accepts no responsibility or
liability for any losses or penalties what so ever that may be incurred as a result
of any linking to any location on any linked websites.
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INTELLECTUAL PROPERTY
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The Website, including (but not limited to) text, content, software, video, music,
sound, graphics, photographs, illustrations, at work, photographs, names, logos,
trademarks, service marks and other material ("Content") is protected
by copyrights, trade marks and/or other proprietary rights. The Content includes
both content owned or controlled by Maxlative Trading Corporation and content owned
or controlled by third parties and licensed to Maxlative Trading Corporation. All
individual articles, reports, and other elements making up the Website may be copyright
works. You agree to abide by all additional copyright notices or restrictions contained
in the Website.
You may not use any of Maxlative Trading Corporation’s trade marks or trade
names without Maxlative Trading Corporation's consent and you acknowledge that you
have no owner ship rights in and to any of those names and marks. You agree to notify
Maxlative Trading Corporation in writing promptly upon becoming aware of any unauthorized
access to or use of the Website by any party or of any claim that the Website or
any of the contents of the Website infringes any copyright, trade mark, or other
contractual, statutory or common law rights of any party.
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LICENSE AND DOWNLOAD RIGHTS
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You acquire no rights or licenses in or to the Website and/or the Content other
than the limited right to use the Website in accordance with these Terms and to
download on the terms set out in this section.
Other than as set out in this section you may not copy, reproduce, recompile, disassemble,
reverse engineer, distribute, publish, display, perform, modify, upload to create
derivative works from, transmit, or in any other way exploit any part of the Website.
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Download is permitted by Maxlative Trading Corporation provided only that:
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(i) you make no more than one printed copy of such download and no further copies
of such printed copy are made;
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(ii) you make only personal, non-commercial use of such download and/or printed
copy; and
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(iii) You retain on such download and/or printed copy all copyright notices and
shall remain bound by the terms of such wording and notices.
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Additionally, you may not offer for sale or sell or distribute over any other medium
(including distribution by over-the-air television or radio broadcast or distribution
on a computer network) the Content or any part thereof. You may not make any part
of the Website available as part of another website, whether by hyperlink framing
on the Internet or otherwise. The Website and the information contained therein
may not be used to construct a database of any kind, nor may the Website be stored
(in its entirely in any part) in databases for access by you or any third party
or to distribute any database websites containing all or part of the Website.
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RELATIONSHIP BETWEEN THE PARTIES
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Maxlative Trading Corporation does not have any partnership, joint venture or other
similar relationship with any buyer.
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PERMISSIONS
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If you would like information about obtaining Maxlative Trading Corporation's permission
to use any of the Content or if you would like to link your website to the Website,
e-mail at md@maxlative.com
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NO WARRANTY
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The Website and the Content are provided "as is" excluding any warranties
of any kind, either express or implied, to the fullest extent permissible pursuant
to applicable law including (but not limited to) the exclusion of warranties of
title, merchantability, satisfactory quality, fitness for a particular purpose and
non-infringement of proprietary or third party rights. Maxlative Trading Corporation
further accepts no responsibility or liability for functions contained on will be
corrected. Please note that some jurisdictions do not allow the exclusion of implied
warranties, so some or all of the above exclusions may apply to you. Maxlative Trading
Corporation does not warrant that the Website is compatible with your computer equipment
or that the Website or its server is free of Maxlative Trading Corporation or viruses,
worms or "Trojan horses" and Maxlative Trading Corporation is not liable
for any damage you may suffer as a result of such destructive features.
Maxlative Trading Corporation shall not be held responsible for Content provided
by third parties. Maxlative Trading Corporation is also not responsible for the
reliability or continued availability of the telephone lines and equipment you use
to access the website. These Terms do not affect your statutory rights or your legal
rights as a customer.
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COPYRIGHT INFRINGEMENT AND COPYRIGHT AGENT
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Maxlative Trading Corporation may, in appropriate circumstances and at its discretion,
remove, or disable access to, material on the Website that infringes on the rights
of others.
If you believe that your work has been used on the Website in a manner that constitutes
copyright infringement, please send Maxlative Trading Corporation an e-mail to md@maxlative.com
setting out details or the alleged infringement.
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LIMITATION OF LIABILITY
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You acknowledge that your use of the Website, including the Content, is at your
own risk. If you are dissatisfied with the Website, the Terms or any or the Content
your sole remedy is to discontinue use of the Website. Save in respect of fraud
and of personal injury or death to the extent it results from Maxlative Trading
Corporation's negligence, in no event will Maxlative Trading Corporation be liable
to you or any third party for any direct, special, indirect, consequential or incidental
damages, exemplary or lost profits, or another damages of any kind whether based
on warranty, contract, tort (including negligence) or otherwise, even if Maxlative
Trading Corporation has been advised of the possibility thereof. Applicable law
may not allow the limitation or exclusion of liability for consequential or incidental
damages, so this limitation or exclusion may not apply to you.
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LOCAL LAWS AND REGULATIONS
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The Website is not directed at any person in any jurisdiction where for any reason
the publication or availability of the Website is prohibited. Those in respect of
whom such prohibitions apply must not access the Website. Maxlative Trading Corporation
does not represent that either the Website or the Content are appropriate for use
of permitted by local laws in all jurisdictions. Those who access the Website do
so at their own initiative and are responsible for compliance with applicable local
law.
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INDEMNITY
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You agree to indemnify, defend, and hold harmless each of Maxlative Trading Corporation,
its employees, representatives and agents, from and against any claims, actions,
demands or other proceedings brought against any of Maxlative Trading Corporation,
its employees, representatives or agents, by a their party, to the extent that such
claim, suit, action or other proceeding brought against Maxlative Trading Corporation
its employees, representatives, suppliers, or agents is based on or arises in connection
with:
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(i) your use of the Website;
(ii) any breach by you of the Terms;
(iii) a claim that any use of the Website by you
(aa) infringes any intellectual property rights of any third party, or any right
of personality of publicity, or
(bb) is libelous or defamatory, or otherwise results in injury or damage to any
third party;
(iv) any deletions, additions, insertions, or alterations to, or any unauthorized
use of, the Website by you; or
(v) any misrepresentation or breach of representation or warranty made by you contained
herein. References in this section of the Terms to your use of the Website shall
be deemed to include any use by a third party where such a third party accesses
the Website using your computer.
You agree to pay Maxlative Trading Corporation, its employees, representatives,
and agents any and all costs, damages, and expenses (including reasonable legal
fees) awarded against any of them or otherwise incurred by any of them in connection
with or arising from any such third party claim, suit, action or proceeding attributable
to any such third party claim.
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TERMINATION
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Maxlative Trading Corporation may terminate these terms with or without cause at
any time. Maxlative Trading Corporation, in its sole discretion, may also at any
time terminate or suspend your access to all or part of the Website if it believes
that your conduct is in contravention of any applicable law or is harmful to the
interests of Maxlative Trading Corporation, any other user, third party provider,
sponsor, advertiser or service provider.
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CHANGES TO THE WEBSITE
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You accept that Maxlative Trading Corporation has, at its sole discretion, the right
to change the content or technical specifications of any aspect of the Website at
any time. Your further accept that such changes may result in your being unable
to access the website.
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WAIVER
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No waiver by Maxlative Trading Corporation of any breach of any obligation arising
under these Terms shall constitute a waiver of any other breach and no failure to
exercise or partial exercise by Maxlative Trading Corporation of any remedy shall
constitute a waiver of the right subsequently to exercise that or any other remedy.
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GOVERNING LAW AND JURISDICTION
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The Terms are governed by the laws of England and Wales and the parties submit to
the exclusive jurisdiction of the English courts.
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NO OBLIGATION TO MONITOR
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Maxlative Trading Corporation does not control the information delivered to the
Website and has no obligation to monitor the same. Maxlative Trading Corporation
is a distributor and not a publisher of content supplied by third parties and users
and such not exert any editorial control over this Content. Maxlative Trading Corporation
is not responsible for screening, monitoring or editing such Content. If notified
of any alleged infringing, defamatory or illegal Content, Maxlative Trading Corporation
may determine in its sole discretion whether or not to retain or remove such Content
from the Website. However, Maxlative Trading Corporation reserves the right at all
times to disclose any information necessary to satisfy any applicable law, regulation,
legal process, police request of governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, for any reason whatsoever,
in Maxlative Trading Corporation's sole discretion.
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NO ENDORSEMENT
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Maxlative Trading Corporation does not endorse, support, represent or guarantee
the truthfulness, accuracy, or reliability of any communications posted to the Website
or endorses any opinions expressed in any communications. You acknowledge that any
reliance on material posted in the Website will be at your own risk.
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PRIVACY
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You acknowledge that the Website is public and not private, and that therefore others
may read your communications without your knowledge. Always use caution when giving
out any personally identifying information about yourself or your children. If particular
web pages permit the submission of communications that will be treated by Maxlative
Trading Corporation as confidential, that fact will be stated on these pages.
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LICENSE GRANT
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By Posting communications on or through the Website, you automatically grant Maxlative
Trading Corporation a royalty-free, perpetual, irrevocable, non-exclusive license
to use, copy, reproduce, modify, publish, edit, translate, distribute, perform,
and display the communication alone or as part of other works in any form, media,
or technology whether now known or hereafter developed, and to sub-license such
rights through multiple tiers of sub-licenses. The foregoing grants shall include
the right to exploit any proprietary rights in such communication, including but
not limited to rights under copyright, trademark, service mark or patent laws under
any relevant, jurisdiction.
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MISCELLANEOUS
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It is a crime to use a false name or a known invalid credit card number to order
any product. If you are found to be willfully entering a fictitious or erroneous
order then you shall be prosecuted. You should be aware that each electronic entry
carries the computer coding of the internet provider through which the individual
user can be traced.
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