User Agreement
(This document was updated on: April 3rd 2006)
When you register to use DAM-services, you accept that this Agreement is a contract between you (user) and DAM ('we', 'our' or 'us' as appropriate). The Agreement describes your and our rights and responsibilities when you use the DAM service or any related products and services that we offer (collectively the 'Service').
The following policies (showing their last updated date) are incorporated into this Agreement and provide additional terms and conditions related to specific Services. In order to review the whole of this Agreement you should also review each of these policies.
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Document Name (Date, Year)
Payments Policy (February 13, 2004)
Fees Policy(February 13, 2004)
Terms and Conditions
3. The Legal Relationship between You and DAM
3.3 No Guarantee of Transactions.
5. Completing Your Membership.
8. Your Information and Restricted Activities
8.2 Prohibited and Restricted Activities.
8.3 Closing Accounts and Limitation of Account Access.
11. Terminating or Closing Your Account.
12. Remedies and DAM's Right to Collect From You.
15. Governing Law and Legal Disputes.
1. Amendments
It is necessary for us to be able to amend the Agreement and Policies to reflect changes in services and our website. For this reason we may amend this Agreement and Policies at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective 14 days after they are initially posted on our site. Upcoming changes will be posted on the 'Policy Updates' page, accessible from 'Policy Updates' link on the My Account page once you have logged in. In addition, you can set your Preferences to receive email notification of all policy updates. You may review the current Agreement prior to initiating a transaction at any time at our User Agreement page.
2. Eligibility.
In order to use the DAM Service, you must register for a Personal or Business Account (an 'account'). You may only hold one Personal Account and one Business Account. Our Services are only available to individuals or businesses that can form legally binding contracts under applicable law. Our Service is not available to individuals under the age of 18 years. We may refuse to provide our Service, change the qualifications for your use of the Service and/or terminate this Agreement with you at any time on giving you notice by email, such notice to take immediate effect.
3. The Legal Relationship between You and DAM
DAM A/S does not take title to goods sold by DAM. As an auction company and web site holder of goods from third parties, DAM cannot be held responsible for the goods on sale, the information given by the seller or the transaction itself. The following describes this in further detail.
3.1 Sold as is.
DAM takes no title to goods sold by us. Goods sold or advertised on DAM are sold as is without warranty by other parties (mostly liquidating firms). For this reason DAM will not be liable for any defects or missing parts of goods sold or advertised. For goods sold on the NetAuction, the goods are sold as is unless otherwise stated by the seller. No claim for product deficiencies can be made to neither DAM, the Bankruptcy Court nor the trustee.
3.2 No Service Warranty.
We shall not be liable for any delay in or failure in our provision of our Services under this Agreement where such failure is due to factors beyond our reasonable control, save that we will use reasonable endeavours to fulfil our obligations hereunder. You acknowledge that your access to the site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.
3.3 No Guarantee of Transactions.
We have no control over, and make no representations about the quantity, quality, genuineness, safety or legality of items listed by sellers or the completeness, truth or accuracy of the item listings. We cannot ensure that a seller or buyer will actually complete a transaction. We cannot guarantee any transaction. Please note that there are also risks of dealing with underage persons or people acting under false pretence.
3.4 Limit of Our Liability.
We shall only be liable to you for loss or damage caused directly by our negligence or our breach of this agreement and our liability in these circumstances is limited as set out in the rest of this paragraph 3.4. We shall not be liable to you for any loss or damage, which you may suffer as a result of using the Service including, without limitation, losses resulting from your access to websites other than ours. In no event shall we be liable for any direct or indirect loss neither of profit, goodwill, business or anticipated savings nor for any indirect or consequential loss or damage.
3.5 Indemnification.
You agree to indemnify and hold us, our subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your breach of any law or the rights of a third party relating to your use of the Service.
4. Fees.
All fees are set forth in the Fee Schedule. All fees will be charged in the currency of the payment or in DKK.
5. Completing Your Membership.
You will receive an email asking you to activate your account within 14 days. Once you confirm your account by email, your membership will be completed and your account will be treated as verified. If you have chosen to use the Service of selling on the NetAuction and have sent the document to us with your signature, we will open this serviceto you.
6. Dispute Resolution.
Whether you are a buyer or seller, you agree to work actively with the other parties to your transactions to resolve any disputes. We do not act as the agent of either party in any dispute between buyers and sellers and do not have the responsibility for resolving such disputes. If any claim occurs (as the result of a dispute or for any other reason), you agree to provide all necessary documentation for the resolution of the claim. If you are a seller, you (a) acknowledge that we do not control the outcome of the sales transaction; (b) agree to pay our fee irrespective of the fact, that the buyer may not pay or collect the goods. To report a fraudulent transaction, error or dispute, please contact us.
We will not seek to hold you liable for any unauthorised use (including fraudulent use) of your account by any person provided that we are satisfied that you have not acted deliberately so as to enable any third person to gain access to your user ID and/or password. Please do observe that your username and password is strictly personal even though you may represent an organization. Please keep it safe and hidden to prevent abuse.
7. Redemption of Balances.
Redemptions may also be subject to currency conversion charges if the currency you choose for redemption is different from that recorded in the account balance. Currency conversion charges fluctuate and will be displayed to you at the time of the transaction.
DAM will adjust the currency exchange values if necessary.
8. Your Information and Restricted Activities
8.1 Definition.
'Your Information' is defined as any information you provide to us or other users in the registration, or other features of our Service. You are solely responsible for Your Information. You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include verifying the information you provide against third party databases. However, we cannot and do not make any representation relating to any user's identity or the performance of their commercial transactions with you. DAM reserves the right to introduce a system of mutual evaluation of sellers/buyers related to transactions on our website.
8.2 Prohibited and Restricted Activities.
Your Information shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trade mark, trade secret or other property rights or rights of publicity or privacy; (d) breach any law, statute, contract or regulation (including, but not limited to, those, consumer protection, unfair competition, antidiscrimination, or false advertising); (e) be defamatory, threatening or harassing; (i) be obscene or contain child pornography; (f) contain any computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or other personal information; and (g) create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers or other suppliers. If you use, or attempt to use, the Service for purposes other than buying, selling, advertising and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
8.3 Closing Accounts and Limitation of Account Access.
At our sole discretion we may close an account at any time where expedient to do so, (including but not limited to where there has been a breach by you of this Agreement).
8.4 Passwords.
You may not reveal your account password(s) to anyone else, nor may you use anyone else's password. We are not responsible for losses incurred by you including, without limitation, the use of your account by any person other than you, arising as the result of abuse of passwords. Do not tell your password on the phone and choose a password that is hard to guess. If others in your organisation need a DAM-service please refer them to setting up their own account.
9. Access and Interference.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior express written permission. You agree that you will not interfere or attempt to interfere with the proper working of our site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is proprietary or is licensed to us by our users or third parties. You agree that you will not copy, reproduce, communicate to the public, alter, modify, create derivative works, publicly display or frame any content (except for Your Information) from our website without our prior expressed written permission or the appropriate third party.
10. Privacy and Security.
We view protection of users' privacy as a very important principle. We understand clearly that protecting Your Information is our most important responsibility. We store and process Your Information on computers located in Denmark that are protected by physical as well as technological security devices. Our current Privacy Policy is available at [link]. If you object to your information being transferred or used as described in the Privacy Policy, please do not use our Service.
11. Terminating or Closing Your Account.
You may close your account at any time by clicking the 'Close Account' link in “My Account” on the DAM website. You cannot close your account as long as you have any active NetAuctions for sale or have highest bids on any NetAuction or physical auction. If you have any active ads on Classified Ads, they will become inactive. Closing your account will not affect your liability to pay for posted ads. If you do not access your account for a period of three years, it will be closed.
12. Remedies and DAM's Right to Collect From You.
Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn our community of your actions, limit funding sources and payments, limit access to an account and any or all of the account's functions, indefinitely suspend or close your account and refuse to provide our Services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your account or activities pose a significant credit or fraud risk to us; or (d) we believe that your actions may cause financial loss or legal liability for you, our users or us.
13. Assignment.
You may not transfer any rights or obligations you may have under this Agreement without our prior written consent.
14. Notices.
Except as explicitly stated otherwise, any notices shall be given by postal mail to DAM A/S or by e-mail to support@damb2b.com (sent from the email address you provide to DAM during the registration process). DAM's notice can be given the email address you provide to DAM during the registration process). Notice shall be deemed given 24 hours after posted (provided that this is a weekday) or when the email is sent, unless the sending party is aware that the electronic communication was not received.
15. Governing Law and Legal Disputes.
15.1 This User Agreement, and the relationship between us, shall be governed by and construed in accordance with the laws of Denmark. Any claim arising out of or relating to this Agreement or the provision of our Services that cannot be resolved by contacting us and escalating the claim shall be settled through the courts of Denmark irrespective of where you are resident.
15.1 Confidentiality.
The parties shall respect mutual confidentiality on matters regarding or related to this Agreement unless otherwise required bylaw.
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