PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEB SITE.

This Terms of Service ("TOS") contain the terms and conditions that govern your use of Cariama Website and Service. This TOS describes your rights and responsibilities. Use of Cariama Website and Service constitutes your acceptance of and agreement to this TOS.
By using Cariama Website and Service, you signify your agreements to these Terms of Service. If you do not agree to these Terms of Service, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove, portions of these terms at any time. Please check these terms periodically for changes. If any modification is unacceptable to you, your only recourse is to not use the Cariama Website and Service.Your continued use of Cariama Website and Service following posting of a change notice or new TOS on the Cariama Website and Service will constitute binding acceptance of the changes.

Cariama Service

Cariama provides a number of Internet-based services through the Website (all such services, collectively, the "Cariama Service"). One such service enables users to describe products (collectively, "Products"), upload images, and sell Products through the Cariama Service. Users who would like to sell Products through the Cariama Service must accept the Intellectual Property Rights Policy. Cariama may offer a number of other services on its Website, including without limitation, message boards, contests, and newsletters, which may change from time to time.

Use of the Website and Cariama Service

Eligibility. Cariama will only knowingly provide the Cariama Website and Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Cariama Website and Service only under the supervision of a parent or legal guardian who agrees to be bound by this TOS. The Cariama Website and Service are not intended for children under the age of 13.

Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Cariama Website and Service.

Your License to Use Cariama Website and Service. Cariama solely and exclusively owns all intellectual property and other rights, title and interest in and to the Cariama Website and Service, except as expressly provided for in these TOS. For example and without limitation, Cariama owns the trademarks CARIAMA; the copyrights in and to the Website, and certain technology used in providing the Cariama WebSite. You will not acquire any right, title or interest therein under this TOS or otherwise to any intellectual property owned by Cariama. Cariama grants you a limited revocable license to access and use the Website and Cariama Service for its intended purposes, subject to your compliance with this TOS. This license does not include the right to collect or use information contained on the Website for purposes prohibited by Cariama; to compete with Cariama; to create derivative works based on the content of the Website; or download or copy the Website. If you use the Website in a manner that exceeds the scope of this license or you breach this TOS, Cariama may revoke the license granted to you. This Section does not pertain to your intellectual property rights. For information regarding your intellectual property rights, please see Intellectual Property Rights Policy.

General Rules and License

Description. As part of the Cariama Service, Cariama offers allows you to upload images, data, and other content (collectively, "Content") to the Website to sell Products featuring the uploaded Content.

Upload of Content. You will upload to Cariama all Content that you want to use with the Cariama Service in accordance with the applicable instructions on the Website and the Intellectual Property Rights Policy. Cariama may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the Cariama Service.

Licensing Your Content to Cariama. You will retain ownership of the Content that you upload to the Website. You hereby grant to Cariama a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future, as Cariama deems necessary to enable you to use the Cariama Service to sell Products. Cariama will not sublicense the rights that you grant it in this Section to a third party subcontractor.

Prohibited Use. You may only use the Cariama Service as expressly permitted by Cariama. You may not cause harm to the Website or the Cariama Service. Specifically, but not by way of limitation, you may not: (i) interfere with the Cariama Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Cariama Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Cariama Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain Cariama's name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the Cariama Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by this TOS. No content from Cariama website can be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way. If you wish to build a hyperlink to the website, you may do so provided you agree to cease such link upon request from Cariama. No other use is permitted without prior written permission of Cariama.

Privacy Policy. By entering into this TOS, you agree to Cariama's collection, use and disclosure of your personal information in accordance with the Privacy Policy.

Reservation of Rights

Monitoring. Cariama reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If Cariama determines, in its sole and absolute discretion, that you or another Cariama user will breach a term or condition of this TOS or that such transaction or communication is inappropriate, Cariama may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.

Modification of the Service. Cariama reserves the right to modify the organization, structure or "look and feel" of the Cariama Service or the Website, and may change, suspend, or discontinue any aspect of the Cariama Service at any time without any liability to you or any third party. Cariama shall have complete discretion over the features, functions, prices and other terms and conditions on which the Cariama Service is offered to Cariama users.

Submissions

When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant Cariama permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that Cariama will have no obligation to keep any Submissions confidential. You will not bring a claim against Cariama based on "moral rights" or the likes arising from Cariama's use of a Submission. This Section does not apply to your Content that you use in connection with the Cariama Service.

Representations and Warranties

Mutual Representations and Warranties. You represent and warrant to Cariama and Cariama represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.

By You. You represent and warrant to Cariama that, in your use of the Cariama Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to Cariama that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) Cariama will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Cariama incurs in providing the Cariama Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.

Disclaimers and Exclusions

DISCLAIMER. THE CONTENT OF THE CARIAMA WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSABLE, PURSUANT TO APPLICABLE LAW, CARIAMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

CARIAMA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT "MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS".

CARIAMA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE OF, THE CONTENT ON THE WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CARIAMA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CARIAMA BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE WEB SITE. THIS STANDS EVEN IF CARIAMA OR A CARIAMA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL CARIAMA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE.

Indemnifications

You agree to indemnify, defend and hold Cariama harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation or alleged violation of this Agreement or use of the website.
You must indemnify and hold Cariama and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of this TOS through any act or omission. If you have to indemnify Cariama under this Section, Cariama will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Cariama's express written permission.

Non-Transferability

Your right to use Cariama Website and Service is not transferable. Any password or right given to you to obtain information is not transferable.

Fees and Payments

Certain features of Cariama are available only through the payment of fees. You agree to pay charges set forth on the Cariama website, and other charges incurred on your account in order to access Cariama services. Cariama reserves the right to change the fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you. In the event you cancel the service, Cariama will not refund any fees already paid by you. If you believe Cariama has billed you incorrectly, you must contact Cariama no later than 10 days after the error or problem appeared, in order to receive an adjustment or credit. Inquiries requests should be directed to Cariama' Contact Form here.

Termination

Termination. These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all content obtained from any and all website(s) and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. The privileges granted to you by these terms, including the maintenance of a member account, will terminate immediately without notice from Cariama if, in Cariama' sole discretion, you fail to comply with any provision of these terms.

Survival. Notwithstanding Section above, this TOS will survive indefinitely unless and until Cariama chooses to terminate this TOS.

Effect of Termination. If you or Cariama terminates your use of the Website or the Cariama Service, Cariama may delete any Content or other materials relating to your use of the Cariama Service on Cariama's servers or otherwise in its possession and Cariama will have no liability to you or any third party for doing so.


Other Products

Any reference made by the Cariama Website to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by Cariama. Content on the website may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Cariama.

Links to Other Websites and Services

To the extent that the website contains links to outside services and resources, Cariama does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.


LAST UPDATED: October 4, 2009