Terms... 2 different versions to mix (recipero and stolen 911)

Terms and Conditionsfrom RECIPERO

Terms and Conditions applying to registration on and use of the Stolen Property List Service

The details that you enter on Stolen Property List will be stored and used in line with the terms and conditions below.


DEFINITIONS
In the terms and conditions below the following words have these meanings.

"services"
The service(s) is the storage of information supplied by the customer or their agent relating to the customers equipment and contact details.

"customer(s)".
The customer(s) is the individual or company or organization that has supplied, or had supplied by their agent, their equipment and contact information.

"database"
The database is the system on which the information is held. This database belongs to Belam inc Limited and your data will be administered by Belam inc Limited in line with these terms and conditions for as long as your data is stored on the database

"Belam inc"Belam inc Limited is the registered company that operates the database and the service operates under US law and data protection regulation. Belam inc registered office is 1020 Sw Taylor Street
#240 Portland OR97205 USA

"agent"
An agent is a company or organization that with the customers permission has put their information on the database, this may include a retailer, insurer, network or other authorized authority.

"Police"
The Police means any Police force.

"recovery organizations"
Recovery organizations means any organization that recovers equipment after loss, this includes amongst others, transport, tourist attractions, museums, galleries, hotels, lost property etc. It does not include individual members of the public.

"information"
Information means any information stored on the database.


1 THE SERVICES

1.1  The services to be provided by Stolen Property List shall be the storage of information supplied by the customer or their agents relating to the customer and the customer's equipment and the provision of a            service that allows the Police to identify the owner via the database in order that the item can be returned and any criminal activity surrounding the recovered item be investigated.
1.2  The customer or their agent shall only supply to Belam inc information relating to equipment that is owned by the customer or for which the customer is contractually or legally responsible.
1.3  The use by the customer of the services does not confer on the customer any special ownership or storage rights in relation to any equipment and the customer will be subject to the normal policies, terms and        procedures of recovery organizations in relation to the retrieval of equipment (which may include the requirement for security checks) and the storage of equipment (which may include the right to dispose of        equipment after a specific period regardless of whether or not the customer has supplied information relating to the equipment to Belam inc.)
1.4  The customer shall be responsible for maintaining the confidentiality of the customer's username and password assigned to the customer on registration.
1.5  The customer shall notify Belam inc immediately of any unauthorized use of the customer's username or password.
1.6  The customer acknowledges that the service is provided by Belam inc for the customer's use only and, accordingly, the services may not be exploited commercially by the customer.
1.7  Acceptance of the services by the customer constitutes automatic acceptance of the Terms.


2 CHARGES

2.1 Registration and use of the Stolen Property List Property Register is free of charge.
3.1  Belam inc shall perform the services with reasonable skill and care.
3.2 Subject as set out above, all conditions, warranties, terms and undertakings (express or implied and statutory or otherwise) in respect of the performance by Belam inc of the services are excluded to the fullest extent permitted by law.


4 LIMITATION OF LIABILITY

4.1 The customer acknowledges that:

4.1.1 the services are limited to the compilation and provision of access to the database
4.1.2 Belam inc will be relying on the accuracy of information provided by the customer or their agent; and the customer or agent is responsible for keeping the information on their account up to date.
4.1.3 Belam inc will be providing access to the information obtained from the customer (which may include telephone number and postal address) to the Police in order that the customer may be contacted so that any recovered items can be returned and any criminal activity relating to the recovered item can be investigated. Belam inc may also provide a service to other bona fide recovery organizations that recover equipment after loss and want to contact the owner; these organizations will not be given any information about customers on the database, however Belam inc will use the information to contact the customer and assist in recovery of the equipment.
4.1.4 Information provided to the Police will only be used to return recovered equipment and investigate any criminal activity surrounding the equipment.
4.1.5 The Police may decide not make use of the database on a particular occasion, and accordingly the customer agrees that the Belam inc will not be liable if the customer's equipment is not found, if the information provided by the customer or its agent is inaccurate or incomplete.
4.2 Belam inc's entire liability (including any liability for the acts and omissions of its employees, agents or sub-contractors) to the customer in respect of any breach of the use of the system between Belam inc and the customer and any negligent act or omission arising in connection with such use shall be limited to damages of an amount equal to the aggregate of any for the 12 months immediately preceding the breach, act or omission.
4.3 Belam inc (and its employees, agents and sub-contractors) shall not be liable to the customer for loss of business, profits, contracts or goodwill or any type of special, indirect or consequential loss (including loss or damage suffered by the customer as a result of an action brought by a third party) even if such loss was reasonably foreseeable or Belam inc had been advised of the possibility of the customer incurring the loss.
4.4 Nothing in the use of the service shall limit Belam inc's liability to the customer for death or injury resulting from its own negligence or for fraud. 4.5 Information held on the database will not be made available to any third parties, however Belam inc will send occasional reminders and updates about the service which may include references to third party products and services, and may also contact you in the event your item is recovered and let you know its location. Belam inc reserves the right to use the data to validate the authenticity of the information provided by the customer and or other data in order that the data is accurate and up to date.

5 FORCE MAJEURE
5.1 Belam inc shall not be liable for any breach of its obligations from the use of this service resulting from causes beyond its reasonable control, including but not limited to fires, strikes (of its own or other employees), insurrection or riots, requirements or regulations of any civil or military authority and inability to obtain services from third parties.

6 INDEMNITY
6.1 The customer undertakes to indemnify and hold harmless Belam inc (and its employees, agents and sub-contractors) against any loss or damage that they may suffer as a result of a breach by the customer of the use of the service.

7 TERMINATION
7.1 The use of the service can be terminated by the customer at any time, with no notice. If Belam inc terminate the service it will use the information provided in the account to give 28 days' notice.

8 VARIATION
8.1 Belam inc reserves the right to alter the terms of the service at any time subject to notifying the customer on the Stolen Property List web site.

9 ASSIGNMENT
9.1 The customer shall not be entitled to assign the benefit of the service without the prior written consent of Belam inc.

10 HEADINGS
10.1 Headings to clauses in these terms are for the purpose of information and identification only and shall not be construed as forming part of any contract.

11 LAW
11.1 The terms of the service shall be governed by and construed in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.

 

 

 

2nd one   Coming from Stolen 911 website

Rules, Guidelines and Terms of Use
RULES, GUIDELINES and TERMS OF USE
Rules and Guidelines

Effective Date: These Rules and Guidelines and Terms of Use Agreement was last updated on November 22, 2015.

Thank you for using Stolen 911. We hope you find it useful.

Read This Terms of Use Agreement (TOU) Before Accessing Website.

By posting your stolen property here, you agree that it is in compliance with our guidelines listed below.

We reserve the right to modify any posts in violation of our guidelines order to prevent abuse and keep the content appropriate for our general audience. This includes people of all ages, races, religions, and nationalities. Therefore, all posts that are in violation of our guidelines are subject to being removed immediately and without prior notice.

By posting stolen property on our site, you agree to the following statement:

I agree that I will be solely responsible for the content of any posts that I post on this website. I will not hold the owner of this website responsible for any losses or damages to myself or to others that may result directly or indirectly from any posts that I post here.

By posting stolen property on our site, you further agree to the following guidelines:

    No foul or otherwise inappropriate language will be tolerated. Posts in violation of this rule are subject to being removed immediately and without warning. If it was a paid post, no refund will be issues.
    No racist, hateful, or otherwise offensive comments will be tolerated.
    No post promoting activities that are illegal under the current laws of this state or country.
    Any post that appears to be merely a test posting, a joke, or otherwise insincere or non-serious is subject to removal.
    We reserve the ultimate discretion as to which post, if any, are in violation of these guidelines.

Terms of Use

This Terms of Use Agreement sets forth the standards of use of the Stolen 911 Online Service. By using the Stolen 911 website you (“the member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Stolen 911. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service

Stolen 911 is providing Member with message posting. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
LICENSE

If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access Stolen 911 in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from Stolen 911, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
Disclaimer of Warranties

The site is provided by Stolen 911 on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law Stolen 911 makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Stolen 911 shall have no liability for any interruptions in the use of this Website. Stolen 911 disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Limitation of Liability

Stolen 911 SHALL NOT be liable for any damages whatsoever, and in particular Stolen 911 shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Stolen 911 has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Indemnification

Member agrees to indemnify and hold Stolen 911 , its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service

Stolen 911 reserves the right to modify or discontinue the Service with or without notice to the Member. Stolen 911 shall not be liable to Member or any third party should Stolen 911 exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Stolen 911 does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Stolen 911 makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Stolen 911 makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Governing Jurisdiction of the Courts

Our website is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California.
Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is copyright 2007 – 2015 Stolen 911, will all rights reserved, or is the property of Stolen 911 and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Stolen 911 is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Stolen 911. Stolen 911 are proprietary marks of Stolen 911. Stolen 911’s trademarks may not be used in connection with any product or service that is not provided by Stolen 911, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Stolen 911. All other trademarks displayed on Stolen 911 ‘s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Stolen 911.
Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Stolen 911 designates the following as its agent for receipt of notifications of claimed copyright infringement. Blue Havoc Media, LLC, PO Box 172, San Martin, CA 95046
Botnets

Stolen 911 retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Stolen 911 reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Stolen 911 , in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.