Cayena Mall - Service Agreement

IMPORTANT: BY SUBMITTING ANY CONTENT TO Cayena Mall AND/OR ACCESSING ANY PART OF THE Cayena Mall SERVICE (THE "SERVICE") YOU ARE AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, AND CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS SERVICE AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, OR CANNOT COMPLY WITH THESE TERMS AND CONDITIONS, PLEASE STOP ALL USE OF THE SERVICE. IF YOU ARE DEEMED TO HAVE ORDERED THE SERVICE, Cayena Mall's ACCEPTANCE IS EXPRESSLY CONDITIONED UPON ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY Cayena Mall, ACCEPTANCE IS EXPRESSLY LIMITED TO  

Our site acts as an online marketplace for you to find and transact with other users showing products or services on the Service or otherwise associated with the Service. You may provide or post content on the Service or view content posted by others on the Service;  Although, Cayena Mall may create and post content provided by our partners, Cayena Mall does not monitor such content. You may act as a merchant or a prospective buyer and may enter into correspondence with, participate in promotions by, and/or conduct transactions with other users. Any such content, correspondence, promotion, or transaction, including the delivery of all goods and services, and any other terms, conditions, warranties or representations associated with the foregoing, are solely between you and such other user. Cayena Mall and any of Cayena Mall's Co-branded Partners, Licensees and Affiliates (collectively "Cayena Mall Partners") assume no liability, obligation or responsibility in connection with any of the foregoing. In the event that you have a dispute with any merchant, user or third party, you release Cayena Mall (and our agents and employees) and Cayena Mall Partners from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Transactions between buyers and sellers may be completed through one of several methods depending upon the seller and Cayena Mall's site design: Transaction Processing by the Seller. For certain transactions users will either be directed to the seller's website for transaction processing or will be provided information to contact the seller outside the Cayena Mall site in order to complete a transaction. Cayena Mall will not collect any credit card information from the buyer for such transactions and will collect any required fees directly from the seller. Third Party Transaction Processing. In other cases users may be referred to a third party such as an escrow service for transaction processing. The terms of service for any such services will be established by the third party.

LINKS.

Cayena Mall and Cayena Mall Partners may provide links to other websites or resources. You acknowledge and agree that Cayena Mall and Cayena Mall Partners are not responsible for the availability of such external sites or resources,and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You agree that Cayena Mall and Cayena Mall Partners shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on such external sites or resources.

LICENSE.

(a) Grant of License. You hereby grant to Cayena Mall, on all media, whether now

known or hereinafter devised, a non-exclusive, worldwide, assignable, royalty-free license to:

display, publish, use, reproduce, reformat, compile, archive, distribute, and transmit all materials provided by you to Cayena Mall that are not clearly marked as confidential ("Content") and display your name, trademarks and service marks (as used in connection with the Content provided hereunder). Cayena Mall has no obligation to post any Content, may remove Content, and may change or discontinue its website at any time in its sole discretion. Cayena Mall shall have no obligation to monitor any Content submitted by you or third parties in connection with Cayena Mall's website. Cayena Mall retrieves content in accordance with our pre-existing agreements between Cayena Mall and our third party affiliates. As the sole consideration for the license and rights granted to Cayena Mall under this Service Agreement, Cayena Mall will consider posting such Content on Cayena Mall's website.

(b) Ownership, Copyright and Trademarks. You retain all right, title and interest (subject to the license granted herein) in and to the Content,  and represent and warrant that the Content and the license granted herein (i) is factually accurate; (ii) does not violate your or any third party's intellectual property rights; (iii) does not contain information which is obscene or defames, libels or otherwise injures or interferes with the privacy of any third party; and (iv) does not require the payment of any kind by Cayena Mall to any third party.

YOU ARE RESPONSIBLE FOR YOUR CONDUCT.

You certify to Cayena Mall that you are at least 18 years of age. You take full responsibility for the use of the Services by any minors. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Your conduct is subject to Internet regulations, policies and procedures. You are solely responsible for the contents of your transmissions through and products you sell in connection with the Service. You acknowledge and agree that Cayena Mall neither endorses the actions of any user  nor the contents of any user communications nor the products of any merchant. You shall not:  (a) use the Services for any illegal purposes or for the transmission of any material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another, including the sale of moviesography, living creatures and parts of endangered species, stocks and other securities, drugs and drug paraphernalia, human body parts and remains; (b) directly or indirectly interfere or attempt to interfere with the proper working of the Cayena Mall site, any account, or any communication or transaction being conducted on our site; (c) 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 expressed written permission; (d) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (e) use or disclose (to anyone except Cayena Mall) any information you obtain about or from other users of the Service, or you obtain from Cayena Mall if such information is marked confidential, for any purpose except fulfillment of orders initiated by such user or negotiating prices with such user, (f) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Service, or (g) send any unsolicited email or advertising to any known user. You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance and local telephone service. You shall be responsible for ensuring that such equipment and ancillary services are compatible with the Services. You shall complete all transactions you agree to complete in connection with the Service. You shall forward all feedback you receive regarding the service to Cayena Mall. In your capacity as a merchant, if applicable, and in transactions when Cayena Mall is not collecting payment on your behalf, you will be solely responsible for all aspects of transaction order processing and fulfillment, including but not limited to processing credit card information, authorization and fraud detection, shipping and handling, buyer support and service inquiries. You shall abide by all of the then current

terms of Cayena Mall's privacy policy (as set forth on the Service and as updated from time to time by Cayena Mall in it's sole discretion and upon notice to Merchant) except to the extent any term in such privacy policy expressly conflicts with the buyer privacy protections set forth herein. You agree to indemnify and hold Cayena Mall, its parents,

subsidiaries, affiliates, officers and employees, and Cayena Mall Partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, the violation of this Service Agreement by you, or the infringement by you, or other user of the Service using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. Cayena Mall and Cayena Mall Partners do not assume any responsibility whatsoever for such content or actions.

PRIVACY POLICY.

Please see Cayena Mall's current privacy policy, available at http://www.cayenamall.com and incorporated by reference into this Service Agreement. If at any time you believe that Cayena Mall has not adhered to these privacy guidelines, please notify Cayena Mall by e-mail at info@cayenamall.com and Cayena Mall will use commercially reasonable efforts to identify the problem and remedy the situation for the future.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. Cayena Mall AND Cayena Mall Partners EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY, Cayena Mall AND Cayena Mall Partners MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO Cayena Mall OR Cayena Mall Partners MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AS TO CONFIDENTIALITY OR PRIVACY OF ANY OF USER'S INFORMATION, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. Cayena Mall AND Cayena Mall Partners MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE AND ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY MERCHANTS OR OTHER USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Cayena Mall OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.

Cayena Mall AND Cayena Mall Partners SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Cayena Mall OR Cayena Mall Partners HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TERMINATION.

Cayena Mall may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. Cayena Mall and Cayena Mall Partners shall not be liable to you or any third party for termination of Service.

GENERAL.

This Service Agreement comprises the entire agreement between you and Cayena Mall and supersedes all prior agreements between the parties regarding the subject matter contained herein. Cayena Mall reserves the right to modify or discontinue the Service with or without notice to you. Cayena Mall may change the terms and conditions of this Service Agreement from time to time. If you continue to use Services after such amendments become effective, you will be deemed to have agreed to be bound by the changes. If you do not agree to the new or different terms, then you agree not to use the Services. Your continued use of the Service constitutes an affirmative: (1) acknowledgment by you of this Service Agreement and its modifications; and (2) agreement by you to abide and be bound by this Service Agreement and its modifications. Except as set forth below, all notices to Cayena Mall must be made in writing via conventional mail or email addressed to info@cayenamall.com. If you believe that any content posted on Cayena Mall's website infringes any of your intellectual property rights or the intellectual property rights of any third party, you shall promptly provide the following notice in writing to Cayena Mall to info@cayenamall.com: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Cayena Mall may change this address at any time by posting a notice to its website. This Service Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of laws provisions thereof). In the event of a dispute, you and Cayena Mall agree to submit to binding arbitration in California in accordance with the rules of the American Arbitration Association. If any provision(s) of this Service Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Cayena Mall's failure to exercise or enforce any right or provision of this Service Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Cayena Mall in writing. The section titles in this Service Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

BASIS OF BARGAIN.

EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THIS AGREEMENT ARE MATERIAL BASES OF THIS AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE

DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT.

Cayena Mall & TIKISHACK.NET

http://www.cayenamall.com            http://www.tikishack.net