Baru Asia Terms of Use
Introduction. Welcome to www.baru.asia ("Baru Asia"). Thanks for stopping by. By accessing Baru Asia you are agreeing to the following terms, which are designed to make sure that Baru Asia works for everyone. This policy is effective 11/1/2008.
Using Baru Asia. You will post in the appropriate category or area and will not do any of the following bad things:
* violate any laws or the Baru Asia Policies;
* be false or misleading;
* infringe any third-party right;
* distribute or contain spam, chain letters, or pyramid schemes;
* distribute viruses or any other technologies that may harm Baru Asia or the interests or property of Baru Asia users;
* impose an unreasonable load on our infrastructure or interfere with the proper working of Baru Asia;
* copy, modify, or distribute any other person's content without their consent;
* harvest or otherwise collect information about others, including email addresses, without their consent;
* bypass measures used to prevent or restrict access to Baru Asia.
Abusing Baru Asia
Please use the flagging system to tell us about any problems or offensive content so that together we can keep the site working properly. We may limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Baru Asia if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Baru Asia or not, we do not accept any liability for monitoring Baru Asia or for unauthorized or unlawful content on Baru Asia or use of Baru Asia by users.
Fees and Services
Using Baru Asia is free, but we sometimes charge a fee for some of our services. Our fees are quoted in US Dollars, and we may change them from time to time. Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 90 days past due, we may deduct the amount owed from your PayPal account balance).
Content
Baru Asia contains content from us, you, and other users. Baru Asia is protected by copyright laws and international treaties. Content displayed on or via Baru Asia is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Baru Asia without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Baru Asia. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Baru Asia (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.
Infringement
Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights. If you believe that your rights have been violated, please notify Customer Service.
Please provide the following in any notice of alleged infringement (whether sent through the above email address or through the postal address):
* identification of the material on Baru Asia that you claim is infringing, with enough detail so that we may locate it on the website (e.g. the unique ad number);
* identification of the rights (or works if relevant) claimed to have been infringed;
* a statement by you that you have a good faith belief that the disputed use is not authorized by the rights owner, its agent, or the law;
* a statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the rights owner or you are authorized to act on behalf of that rights owner;
* your address, telephone number, and email address; and
* your physical or electronic signature.
Protection of intellectual property
A large number of very varied products are offered on Baru Asia by private individuals in Japan. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Baru Asia.
Reporting an infringement
In order to participate in the Notice of Infringement Program, you only need to complete a Notice of Infringement Form and send it to Baru Asia via the email. You can use this form, complete with your signature, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable Baru Asia to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to Baru Asia via the email.
Note: This form can only be used by the lawful owners of the intellectual property rights. “Notice of Infringement ” is intended to ensure that products offered do not infringe the copyright, trademark right or other intellectual property rights of third parties. For all other questions, visitors and advertisers can contact Baru Asia using the contact form.
Liability You agree not to hold us responsible for things other users post or do. As most of the stuff on Baru Asia comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered. We also cannot guarantee continuous or secure access to our services. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Baru Asia, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Personal Information
By using Baru Asia, you agree to the collection, transfer, storage and use of your personal information by Baru Asia on servers located in the United States and in the European Union as further described in our privacy policy. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.
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