The following terms & conditions are addressed to you and to anyone else (such as your employer) on whose behalf you are looking at these pages.
It is your responsibility to draw these terms & conditions to the attention of any person on whose behalf you are looking at these pages, and any person who may visit other pages on this website through you, without first reading this page.
Definitions
This agreement (the 'Agreement') is entered into by and between you ('you') and Our Metal Ltd, ('Our Metals Ltd') regarding your use of OurMetals.com's categories: TRADING, CLASSIFIEDS, NEWS, PRICES, DIRECTORY, MY ACCOUNT and HELP (the 'Service').
By using OurMetals.com website and/or registering your account, you are entering into this Agreement with Our Metals Ltd and indicating that you agree to be bound by these terms and conditions.
If you do not agree with these terms and conditions as stated, please do not use the Services.
General release
OurMetals.com has no involvement in the actual transaction between buyer and seller.
We have no control over the quality, safety, or legality of items advertised, the truth or accuracy of the listings, the ability of sellers to actually sell items they list, or the ability of buyers to actually buy items.
Please remember that there are risks in dealing with people you do not know, and that OurMetals.com has no control over such risks.
Because we are not involved in the transactions between you and other users, you hereby release OurMetals.com and our agents, employees, and affiliates from all refunds or warranties, 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 listings, completed or incompleted transactions, or items offered or actually sold.
As a buyer/supplier, you agree to list your company and your trade leads in the right category and to accurately describe the products and services you are selling.
As a seller on OurMetals.com, you agree that users may comment on their experiences with you in the Feedback section of OurMetals.com and you release OurMetals.com and its users from any liability for any comments.
You agree not to interfere with OurMetals.com market places.
You agree not to put any material into OurMetals.com systems which contains any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Passwords.
You are solely responsible for actions taken under your password, and should not disclose it to anyone else.
You cannot use your password for any unauthorized purpose.
Ownership of data
When participating in any OurMetals.com service you may provide us with information about yourself and/or products and services listed.
You grant OurMetals.com exclusive rights in all of this information, and all information derived or generated from it, in all existing or future media.
These rights include but are not limited to the right to display your information anywhere on OurMetals.com services and media properties, to search the information, and, consistent with our privacy policy, to repackage and resell it to anyone for any reason.
As used in this paragraph, information includes but is not limited to data, text, photographs, drawings, sound recordings, feedback, and any other information or data displayed or presented in connection with your listings on OurMetals.com.
Use of links
This website contains a number of links to other websites.
In providing these links, OurMetals.com does not in any way endorse the contents of these other websites.
OurMetals.com has not developed or reviewed the contents of those websites and does not accept any responsibility or liability for the contents of these other websites.
Should you use a link from the OurMetals.com website to any other website you do so entirely at your own risk.
Personal details
You must be at least 18 years of age and possess the legal authority to enter into this agreement and to use the Services in accordance with all terms and conditions herein.
By clicking "I have read and accept given terms & conditions agreementquot; you certify that you are 18 years of age or older.
You also warrant that all information supplied by you or members of your business in using the Services, including without limitation your name, e-mail address, street address, telephone number, credit card number(when required), and if you are selling products and/or services, all listed information about them, is true and accurate.
OurMetals.com's right to terminate
OurMetals.com reserves the right to cancel any listing at any time, and reserves the right to prohibit or restrict access to the Services immediately to anyone at any time without prior notice, with or without cause.
OurMetals.com reserves the right of removing the profiles of people who register with bogus addresses , telephone , fax information.
OurMetals.com reserves the right of removing the webmail of people who get involved in using webmail for nigerian frauds.
Licence
By ticking "I have read and accept given terms & conditions agreement" you give us a non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable (through multiple tiers) license to reproduce, display, transmit, modify, make derivative works from, and use (each in any manner), in any existing or future media, known or unknown, the material displayed in your listings.
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these terms and conditions.
You also agree not to make any unauthorized commercial use of OurMetals.com
Proper use
You agree that you will use the Service in compliance with all applicable local, state, national and international laws, rules and regulations.
Furthermore, you agree that you will not submit posts that are unlawful, defamatory, harassing, abusive, fraudulent, obscene, contain viruses or are otherwise objectionable.
You further agree not to submit posts designed to elicit responses that relate to illegal activity or that infringe upon another party's intellectual property rights.
You may not sell news, posts or listings for any commercial purpose without the written permission of OurMetals.com.
OurMetals.com does not generally monitor the content of posts in advance of initially displaying such content on the Service.
OurMetals.com takes no responsibility for third party content, nor does OurMetals.com have any obligation to monitor such third party content.
Nonetheless, OurMetals.com reserves the right not allow or display posts that violate the foregoing conditions and to delete or edit posts, in whole or in part, from the Service at any time for any reason.
Further, OurMetals.com reserves the right to refuse service to anyone at any time without notice for any reason and to remove objectionable or personally identifiable information from any posts.
OurMetals.com will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
No warranty
The information provided by OurMetals.com pursuant to this Service is derived from the OurMetals.com database.
The information has not been verified, however, and OurMetals.com does not represent that it is accurate, correct, complete, reliable, or otherwise valid.
OurMetals.com does not endorse or recommend, and expressly disclaims liability for any product, trading company, producer, manufacturer, agent, distributor, service or service provider mentioned in any post or listing.
Further, OurMetals.com does not endorse or support any opinion expressed in news or posts.
The information and service is provided 'as is' with no warranty of any kind and you use the service at your own risk.
The content of the posts and listings, is provided by and is the responsibility of the person posting such items.
OurMetals.com expressly disclaims any warranty, express or implied, regarding the service, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement.
Limitation of liability
Under no circumstances will OurMetals.com be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the service whether or not OurMetals.com has been advised of the possibility of such damages.
Under no circumstances shall OurMetals.com be liable to you for any amount for services rendered or information provided pursuant to this agreement, rather your sole and exclusive remedy shall be the refund of fees actually paid by you to OurMetals.com for any instance of use of the services that gives rise to a claim.
To the extent that any post or listing refers to any product, trading company, producer, manufacturer, agent, distributor, service or service provider, OurMetals.com expressly disclaims any association with, endorsement of or liability for any such product, trading company, producer, manufacturer, agent, distributor, service or service provider.
Hold harmless and indemnity
You agree to hold harmless and indemnify OurMetals.com and its employees and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
In such a case, OurMetals.com will provide you with written notice of such claim, suit or action.
Release and waiver
To the maximum extent permitted by applicable law, you hereby release, and waive all claims against OurMetals.com and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service.
No assignment
You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without OurMetals.com's prior written consent.
Any such purported assignment or delegation by you without OurMetals.com's prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by OurMetals.com at its sole and absolute discretion.
Relationship of the parties
Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
Arbitration
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the United Kingdom.
Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
The decision of the arbitrator shall be final and unappealable.
The agreement
The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of OurMetals.com Service or these terms and conditions must be filed within one (1) year after such claim or cause of action shall arise or be forever barred.
Miscellaneous
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
OurMetals.com's failure to act with respect to a breach by you or others does not waive OurMetals.com's right to act with respect to subsequent or similar breaches.
The failure of OurMetals.com to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
This Agreement constitutes the entire agreement between OurMetals.com and you with respect to the subject matter hereof.
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