Welcome to fredmiranda.com by using fredmiranda.com including its related sites, services, applications, and tools, you agree to the following terms and the general principles for the site.
This User Agreement is effective upon acceptance for all users. You accept this User Agreement when logging in or registering a fredmiranda.com account; accessing or using our site, services, applications, or tools.
While using fredmiranda.com sites, services, applications, and tools, you will not:
- Post content or items in inappropriate categories or areas on our sites and services;
- Violate any laws, third party rights or our policies;
- Use our sites, services, applications, or tools if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our sites, services, applications, or tools;
- Fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you purchased, a clear typographical error is made, or you cannot reach the seller;
- Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot reach the buyer;
- Manipulate the price of any item or interfere with other users' listings;
- Circumvent or manipulate our membership structure, the billing process, or fees owed.
- Post false, inaccurate, misleading, defamatory, or libelous content;
- Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to fredmiranda.com);
- Circumvent any fredmiranda.com policy or determinations about your account status such as temporary or indefinite suspensions or other account holds, limitations or restrictions;
- Transfer by any manner any fredmiranda.com application or your fredmiranda.com account (including Feedback) and user ID to another party without our consent;
- Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- Distribute viruses or any other technologies that may harm fredmiranda.com, or the interests or property of fredmiranda.com users;
- Export or re-export any fredmiranda.com applications, or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- Copy, modify, or distribute rights or content from the fredmiranda.com sites, services, applications, or tools or fredmiranda.com copyrights and trademarks;
- Commercialize any fredmiranda.com application or any information or software associated with such application; or
- Harvest or otherwise collect information about users, including email addresses.
Fredmiranda.com and its community of users (the "Community") work together to keep our site, services, applications, and tools working properly and the Community safe. Please report problems, offensive content, and policy violations to us via PM (private message) or by sending an email to [email protected]
We may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our site, services, applications, and tools, and content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, manipulating Feedback, circumventing temporary or permanent suspensions or harassing users). We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue the Fredmiranda.com site, services, applications, or tools.
Buy and Sell at your own Risk
Buyers and sellers share the responsibility for making sure purchases made on Fredmiranda.com are exciting, rewarding and hassle-free. All sales made through information obtained on this site are made directly between the buyer and seller. We do not review or check postings, or user feedback for validity. You agree that you are buying, selling and trading on fredmiranda.com at your own risk, and will conduct transactions using an insured method of payment. If you choose to conduct a transaction through information obtained on Fredmiranda.com you do so knowing, and assuming the risks involved. You agree to release Fredmiranda.com from any and all financial liability if your transaction is unsatisfactory.
When providing us with content or posting content on the fredmiranda.com site, services, applications, and tools, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future. By posting an image on fredmiranda.com, or participating in our photo contests you agree that thumbnails of your image may be re-posted throughout fredmiranda.com or stored and displayed on any of our online galleries here at fredmiranda.com. without further notice.
Disclaimer of Warranties; Limitation of Liability
We try to keep the fredmiranda.com site, services, applications, and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, applications, or tools. You further acknowledge that operation of and access to our sites, services, applications, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. Updates and other notification functionality in fredmiranda.com applications may not occur in real time. Such functionality is subject to delays including, without limitation, delays, or latency due to your physical location or your wireless data service provider's network. You agree that you are making use of our sites, services, applications, and tools at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold fredmiranda.com responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- Your use of or your inability to use our sites, services and tools;
- Delays or disruptions in our sites, services, applications, or tools;
- Viruses or other malicious software obtained by accessing our sites, services, applications, or tools or any site, services, applications, or tools linked to our sites, services, applications, or tools;
- Glitches, bugs, errors, or inaccuracies of any kind in our sites, services, applications, and tools or in the information and graphics obtained from them;
- Damage to your hardware device(s) or loss of data that results from the use of our sites, services, applications, and tools;
- The content, actions, or inactions of third parties, including items listed using our sites, services, applications, or tools, feedback provided by third parties, or the destruction of allegedly fake items;
- A suspension or other action taken with respect to your account;
- The duration or manner in which your listings appear in search results.
Fredmiranda.com decision to end or remove your listing(s);
- Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies; fredmiranda.com reserves the right to modify its policies and this User Agreement at any time consistent with the provisions outlined herein.
Our site is a venue to allow users to offer, sell, and buy cameras and related gear, at any time, from anywhere, in a variety of pricing formats and locations, fixed price formats and trading formats. We are not involved in the actual transaction between buyers and sellers. Any pricing, shipping or other guidance we provide in our sites, services, applications, or tools is solely informational and you may choose not to follow such guidance at any time. We do not warrant or guarantee that any particular results will be achieved from following guidance we provide (e.g. that your listing will sell, that a particular shipping option is the least expensive, etc.) We have no control over and do not guarantee the existence, quality, safety, or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
Access and Interference
The fredmiranda.com site contains robot exclusion headers. Information on our sites is subject to constant updates and changes. Much of the information on the sites is also proprietary or is licensed to fredmiranda.com by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access our sites for any purpose without our express handwritten permission.
Additionally, you agree that you will not:
- Take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our sites, services, applications, or tools without the prior express written permission of fredmiranda.com and the appropriate third party, as applicable;
- Interfere or attempt to interfere with the proper working of our sites, services, applications, or tools, or any activities conducted on or with our sites, services, applications, or tools; or
- Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our site.
By listing an item on fredmiranda.com, you agree to pay a non-refundable Upload & Sell membership fee and assume full responsibility for the content of the listing and item offered, and to accept the following listing conditions: When you list an item on fredmiranda.com, your listing will be posted on the fredmiranda.com site and can be viewed online. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so fredmiranda.com can't guarantee exact listing durations. Fredmiranda.com duplicate listing policy may also affect whether your listing appears in search result. Fredmiranda.com reserves the right to delete your listing for any reason. Where and whether your listing appears in search and browse results may be based on certain factors including, but not limited to, listing format, title, keywords, price and shipping cost, and feedback.
All sales are final. You are responsible for reading the full item listing, including any instructions the seller provides, before making a commitment to buy. Unless otherwise stated, by making a commitment to buy an item on fredmiranda.com, you are committing to buy the item from the seller listing the item. If you make a commitment to buy you enter into a legally binding contract with the seller directly. We do not transfer legal ownership of items from the seller to the buyer.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of fredmiranda.com, services, applications, or tools, and/or your violation of any law or the rights of a third party.
You agree to abide by all policies posted on our sites. Such policies (including, but not limited to the following) are part of this User Agreement and provide additional terms and conditions related to specific services offered on our sites:
Changes take effect when we post them on the fredmiranda.com site. When using particular fredmiranda.com services, applications, or tools, you are subject to any posted policies or rules applicable to services, applications, or tools you use, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on fredmiranda.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through.
This User Agreement (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter.