Terms and Policy
You understand that Nistores is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails or chats or other means of electronic communication, whether through the Website or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and the Services, and that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Nistores be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. You acknowledge and agree that Nistores is not obliged to pre-screen or approve any Content, but that Nistores has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms. Furthermore, the Website and Content available through the Website may contain links to other third party websites which are completely unrelated to Nistores. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. Nistores makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Websites, and your linking to any other websites is completely at your own risk and Nistores disclaims all liability thereto.
You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that you own or have and shall continue to, for such time the Content is available on the Website, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Nistores to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms and you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Website, you hereby grant to Nistores an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and Nistores business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Nistores in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to Nistores all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website (this license excludes scrapping cases and any other possible use with commercial purposes). The foregoing license to each user granted by you terminates once you or Nistores remove or delete such Content from the Website. Nistores does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Nistores expressly disclaims any and all liability in connection with user Content. Nistores does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Nistores may, at its sole discretion, remove any infringing Content. Nistores reserves the right to remove any Content without prior notice and terminate a user's access to the Website if found to be a constant violator of these terms.
USERS CONDUCT AND OBLIGATIONS
When the User creates new account at the Resource, the Resource Administration may require for some information such as a valid e-mail address and password. The account can include such user information as his/her geographical location, last name and surname, phone number and relevant information. Users shall be responsible for all information posted by them in publicly available accounts. The User shall attentively consider all the risks connected with the fact that he/she makes certain information, in particular, address and information about his exact location, publicly available.
You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:
- that violates any law or regulation;
- that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Nistores all of the license rights granted herein;
- that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
- that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
- that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
- that includes personal or identifying information about another person without that person's explicit consent;
- that impersonates any person or entity, including, but not limited to, a Nistores employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- that is false, deceptive, misleading, deceitful, misinformative.
- that constitutes or contains pyramid schemes, link referral code, junk mail, spam, chain letters or unsolicited advertisements of a commercial nature;
- that constitutes or contains any form of advertising or solicitation if posted in areas or categories of the Website which are not designated for such purposes; or mailed to Nistores users who have requested not to be contacted about other services, products or commercial interests;
- that includes links to commercial services or Third Party Websites, except as specifically allowed by Nistores;
- that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
- that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service
Additionally, the User agrees not to:
- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third party Website or post any advertisement on behalf of such user; or to stalk or otherwise harass anyone;
- make any libelous or defamatory comments or postings to or against anyone;
- collect personal data about other users or entities for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
- post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
- post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
- attempt to gain unauthorized access to computer systems owned or controlled by Nistores or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website.
- use any automated device or software that enables the submission of automatic postings on Nistores without human intervention or authorship automated posting device, including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals.
STORE OWNERS OBLIGATIONS
The term “STORE OWNER” refers to users who sign up a store page/account for advertising their business
A Store owner shall establish and maintain his Store, including the contents of same in line with the terms of this Agreement and as specified by Nistores from time to time.
The Store owner shall ensure that information provided on his Store is accurate and complete and in the form specified by Nistores from time to time.
The Merchant shall be available upon request by Nistores to resolve any issues relating to its Webpage and resolution of complaints and disputes from individuals patronizing his store.
The Store owner shall comply with requests from Nistores to conduct due diligence and establish the true identity, nature, ownership and location of the business
The Store owner is prohibited from the display, sale of any products or engagement in any activity declared illegal under the Law including but not limited to narcotics, hard drugs, firearms, tobacco or tobacco products, armament productions, casino or companies where the principal source of income is gambling, Immoral and illegal activities, including but not limited to the display of pornographic photographs or materials or the sale of pornographic products, production or activities involving harmful or exploitative forms of forced labor and/or child labor, trade in wildlife or wildlife products that have been expressly prohibited by Law for public sale, production or trade in radioactive materials, unbounded asbestos fibers, and hazardous chemicals; and investments harmful to the environment or any item which may cause public offence or has been expressly prohibited by Law.
The Store owner shall ensure that sizes of the images pasted on his Store shall be as prescribed by Nistores from time to time to ensure that the Platform functions perfectly.
The Store owner shall subscribe and update his store page upon expiration and failure to subscribe for a period of 3 consecutive months will lead to permanent deleting of his store and all the data in it.
ELIGIBILITY TO USE THE SERVICE
This Website is intended only for adults and that you are eligible to contract as per applicable laws. If you are using/accessing this Website as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. Minors are only allowed to access the Website and use the Service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is usual and acceptable standard in civil life and practice. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
The User agrees that except as otherwise set forth herein, all right, title and interest in and to all registered and unregistered trademarks, service marks and logos, patent, patent applications and patentable ideas, inventions, trade secrets, proprietary information and know-how, registered and unregistered copyrights including without limitation to any forms, images, audio-visual displays, text, soft-ware and all other intellectual property, proprietary rights or rights related to intangible property which are used, developed, embodied in the Services are owned by Nistores and agrees to make no claim of interest in or ownership of any such Nistores intellectual property. The user further agrees that no title to Nistores proprietary right is transferred to the Merchant, and that the Merchant does not obtain any rights, express or implied by use of the Platform.
The User shall be authorized to use its trademarks on the Website and shall not infringe on the rights of third parties. The User agrees that the display of its products or designs on the Platform shall not infringe on the intellectual rights of any third parties and that it shall not rent, sell, resell, lease, sublicense or loan the components of the Service therefrom.
Notwithstanding anything to the contrary herein contained, neither Party shall be liable or responsible for failure to perform or delay in performance of any of its obligations under this Agreement if such failure or delay is due to or attributable to any act of God, war, warlike conditions, hostilities, riots, civil commotion, or any other cause or circumstance of whatsoever nature beyond the reasonable control of either Party. Such Force Majeure situation shall be notified to the other Party within 15 days from the occurrence of the same. If such situation continues for a period of 3 months the other party shall be entitled to terminate the Agreement on the expiry of the said period after duly intimating the same to the other Party?
The User recognizes and acknowledges that Nistores shall be providing the Services on the Platform on an “as is” basis.
The Merchant agrees to indemnify and keep Nistores indemnified against all losses, damages, claims, costs, adverse judgement, legal costs, professional or attorney's fees and other expenses of any nature whatsoever incurred or suffered by Nistores whether direct or consequential (including any economic loss on turnover, profit, business or goodwill) as a result of or in connection with or in any way related to the use of the Platform under this Agreement or the use of its website which users on the Platform may be directed to access and the Merchant shall be liable for any loss or damage suffered by Nistores as a result of such action and upon demand reimburse Nistoresfor any such loss or damages.
In the event of any proceeding, litigation or suit against Nistores by any regulatory agency or in the event of any court action or other legal or judicial proceeding challenging or otherwise arising out of any matter herein contemplated, the Merchant shall co-operate fully with Nistores in the preparation of the defense of such action or proceeding and also co-operate with Nistores and its attorneys, as may be required.
The foregoing indemnification obligations shall survive the termination of this Agreement.
COMPLAINTS AND ENQUIRIES