www.iglobalsourcing.dhumall.com is owned by DhuMall ("DhuMall"). DhuMall provides a collection of online resources, including classified ads, website features, products, and services to you through DhuMall and www.iglobalsourcing.dhumall.com (referred to hereafter as "the Service") subject to the following TOS contain herein. By using the Service in any way, you agree, on behalf of yourself, all members of your household and your organization, and others who use the Service under your account to comply with the TOS. In addition, when using particular DhuMall services, you agree to abide by any applicable posted guidelines for all DhuMall services, which may change from time to time. Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue the use of the Service.
2. Modifications to this Agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
3. Eligibility for Use
DhuMall reserves some parts of the Service exclusively for purchasers, sellers, collectors, and resellers of items and accessories who are acceptable to DhuMall at its sole discretion. Although DhuMall attempts to limit the use of these parts of the Service to such purchasers, sellers, collectors, and resellers of items and accessories, nothing herein shall create any right of action against DhuMall for failing to adequately screen potential users or prevent the use of DhuMall or the Service by users who are not purchasers, sellers, collectors and resellers of items or accessories.
You understand that all advertisements, postings, messages, text, files, images, photos, videos, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email, or otherwise make available via the Service. Likewise, if you request the assistance of DhuMall to post content, or if you imply consent that DhuMall may post content on your behalf, either by written or oral means, or you fail to inform DhuMall that content should be removed, you are equally responsible for the content. You waive any and all claims against DhuMall of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on DhuMall. You understand that DhuMall does not control, and is not responsible for personal Content made available through the Service and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service. By posting Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to DhuMall an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. Furthermore, DhuMall and the Content available through the Service may contain links to other websites, which are completely independent of DhuMall. DhuMall makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will DhuMall be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that DhuMall does not pre-screen or approve Content, but that DhuMall shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
5. Third Party Content, Sites, and Services
DhuMall and Content available through the Service may contain features and functionalities that may link you or provide you with access to third-party content, which is completely independent of DhuMall, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety, or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. Buyers should assume that any goods offered are not new, unless otherwise stated, nor in perfect condition, and may require touch-ups or repairs prior to use and that the available information about the items may be limited. It is not possible for DhuMall to verify information provided by the seller of any item.
You agree that DhuMall shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that DhuMall is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release DhuMall, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
6. Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice ("Notice") to DhuMall's agent for notice of claims of copyright or other intellectual property infringement:
Please include the following with your Notice to our Abuse Agent:
The identity of the material on DhuMall that you claim is infringing, in sufficient detail so that we may locate it on the website;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Your address, telephone number, and email address;
A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and
Your physical or electronic signature.
7. Privacy and Information Disclosure
You agree not to post, email, or otherwise make available Content:
that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
that harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
that impersonates any person or entity, including, but not limited to, a DhuMall employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
that includes personal or identifying information about another person without that person’s explicit consent;
that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch”;
that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
that constitutes or contains "affiliate marketing,” "link referral code,” "junk mail,” "spam,” "chain letters,” "pyramid schemes,” or unsolicited commercial advertisement;
that constitutes or contains any form of advertising or solicitation if: posted in areas of DhuMall that are not designated for such purposes;
or emailed to DhuMall users who have not indicated in writing that it is ok to contact them about other services, products, or commercial interests. that includes links to commercial services or websites, except as specifically permitted;
that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;
that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
or that employs misleading email addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
contact anyone who has asked not to be contacted;
"stalk" or otherwise harass anyone;
collect personal data about other users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by DhuMall;
post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
post the same item or service in more than one classified category or forum;
attempt to gain unauthorized access to DhuMall’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or DhuMall;
or use any form of automated device or computer program that enables the submission of Content on DhuMall without such Content being manually entered by the author thereof (an "automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.
To access the Service through our www. iglobalsourcing.dhumall.com, you must be a legal entity or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered User, you agree to (1) Abide by the Terms of Service and the processes, procedures, and guidelines described throughout www. iglobalsourcing.dhumall.com; (2) Be financially responsible for your use of www. iglobalsourcing.dhumall.com and the purchase or delivery of services; and (3) Perform your obligations as specified by any Job Agreement that you accept unless such obligations are prohibited by law or by the Terms of Service. DhuMall reserves the right, in its sole discretion, to refuse, suspend, or terminate the Service to anyone.
To become a Registered User and to access the Service you must register for an Account. You agree to provide true, accurate, and complete information as prompted by the registration form and all forms you access on www.iglobalsourcing.dhumall.com, and to update this information to maintain its truthfulness, accuracy, and completeness.
9.3 Accounts and Profiles
Once you have registered with www.iglobalsourcing.dhumall.com as a Registered User, www.iglobalsourcing.dhumall.com will create your Account with DhuMall. You may create a profile under your Account by using the Username and Password created during registration. During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree, and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access www.iglobalsourcing.dhumall.com. You authorize DhuMall to assume that any person using www.iglobalsourcing.dhumall.com with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the account.
9.4.1 DhuMall provides Registered Users with several types of membership options. The availability of these membership options is dependent upon (i) the Registered User's status as a Seller (ii) the selections made during registration, (iii) any subsequent upgrades or downgrades of membership options after registration.
9.4.2 All Sellers have the membership benefits described here. The differences between these options are listed here Seller membership benefits. Seller membership benefits may change at the sole discretion of DhuMall.
DhuMall reserves the right to change membership fees, and the features included in the membership options at any time, at the sole discretion of DhuMall and upon reasonable notice posted in advance on www.iglobalsourcing.dhumall.com. No refunds of membership fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.
10. Seller's Product Listing Policy
10.1 General Prohibition
10.1.1 You possibly will not post or sell every item which is prohibited or restricted by a local, state, or federal law in every jurisdiction or country. You should keep in mind that www.iglobalsourcing.dhumall.com is a "Site" that serves as an international marketplace, hence the posting or selling of items can be prohibited on account of laws out of the jurisdiction in which you reside. Below are certain categories of restricted or prohibited items. However, this listing is not complete; you, as the seller, are solely responsible for ensuring that you are probably not posting a product that may be prohibited by law in almost any jurisdiction.
10.1.2 DhuMall has preferred to additionally restrict the posting of further types of items that may not be prohibited or restricted by law yet are still marked by controversy including:
Items which promote unauthorized activities;
Items which are ethnically, religiously, or racially derogatory, or that encourage violence, hatred, religious or racial intolerance;
Contests, raffles, giveaways, or lotteries;
Investment interests, bonds, stocks, and several other securities;
Pornographic items or materials that are sexual in nature;
Items that will not likely offer a service or product for sale, such as the commercials exclusively meant for obtaining user details.
10.1.3 DhuMall, in its exclusive and sole discretion, reserves all the right to impose extra prohibitions and restrictions.
10.2 Drugs & Associated Paraphernalia
The sale or listing of steroids, narcotics, poppy seeds, and its products or other controlled substances is strictly restricted on www.iglobalsourcing.dhumall.com.
10.3 Firearms, Ammunition, Weapons
10.3.1 The posting of, promoting for sale, or offering for investment decision of any arms, military ordnance, ammunitions, weapons (including explosive weapons), and/or any relevant parts or accessories is stringently forbidden. Such activity may result in your account being delisted.
10.3.2 DhuMall is not going to permit the posting, promoting for sale, or offering of investment of BB guns, air guns, stun guns, paintball guns, spear guns, harpoons, or any other weapons which will release a projectile having any chemicals, gas, or other explosive substances. Replica, "look-alike”, and products imitation of the above items under particular circumstances would be authorized merely upon the express sanction of DhuMall.
10.3.3 Any instruction, processing, servicing, or aid of producing any chemical, biological, or nuclear weapons, or any other Weapons of Mass Destruction ( WMD ) or its known related agents is strictly prohibited by global law and is suitably limited on www.iglobalsourcing.dhumall.com. Any violation of this policy will generate the government notification authorities by DhuMall along with your accounts being delisted.
10.3.4 Knives along with cutting instruments will typically be authorized to be outlined. Gravity knives, Switchblade knives, bladed hand-held devices, knuckledusters (bladed or not), and disguised knives generally are not permitted to be listed. DhuMall retains discretion over precisely what products are ideal and triggers the excision of a listing that it deems as a weapon.
10.4 Tobacco Products
The posting of tobacco products, including but not limited to cigarettes, cigars, pipe tobacco, cigarette tobacco, chewing tobacco, tobacco leaf, and hookah tobacco is forbidden on www.iglobalsourcing.dhumall.com.
The sale or listing of sexual enhancement supplements or foods is prohibited on www.iglobalsourcing.dhumall.com.
10.6 Gold, Silver, and other precious metals
DhuMall does not permit listings that offer the sale or buying of gold, silver, and other precious metals (not including jewelry).
10.7 Financial Services
DhuMall forbids listings that offer fiscal services, such as issuing bank guarantees, money transfers and letters of loans, credit, funding, and fundraising for personal investment purposes, etc.
10.8 Currency and stamps
10.8.1 DhuMall stringently forbids the purchase and sale of foreign exchange, bank notes, coins, money orders, bonds, currency in digital or any of the intangible form ( i.e. crypto-currency ) along with other securities, in addition to the products employed to generate such items.
10.8.2 Counterfeits of legalized stamps and tenders are totally prohibited.
10.8.3 Replicas or reproductions of coins as collectible products need to be well marked with the expression "COPY", "REPLICA" or "REPRODUCTION" and abide by all of the pertinent local laws.
10.9 The executed trades of social relics (such as personal selection relics), silver, gold, and other precious metals, unique pets, and their supplements are prohibited on www.iglobalsourcing.dhumall.com.
10.10 Government-Issued IDs, Licenses, and Uniforms
The following items may not be listed on www.iglobalsourcing.dhumall.com:
Items that claim to be, or appear similar to, official government-issued identification documents or licenses, such as birth certificates, driver’s licenses, visas, or passports. Furthermore, completed applications for such documents containing personal information may not be listed.
Fake identification cards or any items that are designed for the manufacture of such cards.
Articles of clothing or identification that claim to be, or appear similar to, official government uniforms.
Military awards, decorations, and medals, in addition to items with substantially similar designs.
10.11 Hazardous and Dangerous Materials
10.11.1 The posting, offering for purchase, or promoting for sale of dangerous or hazardous materials (such as the categories of dangerous goods as defined under the International Maritime Dangerous Goods Code) is banned on www.iglobalsourcing.dhumall.com.
10.11.2 The posting of any products containing harmful substances (e.g. toys containing lead paint) is forbidden on www.iglobalsourcing.dhumall.com.
10.11.3 Automotive airbags are expressly forbidden on www.iglobalsourcing.dhumall.com due to containing explosive materials.
10.11.4 Automotive airbags are expressly forbidden on www.iglobalsourcing.dhumall.com due to containing explosive materials.
10.11.5 Asbestos materials and/or products containing asbestos are prohibited.
10.12 Pornographic Materials and Adult Products
10.12.1 The sale or posting of pornographic materials is strictly prohibited, as it violates laws in many countries. While pornography is difficult to define and standards vary from nation to nation, DhuMall will generally follow guidelines in Malaysia.
10.12.2 DhuMall strictly prohibits items suggestive or depicting bestiality, rape sex, incest, or sex with graphic violence or degradation, and any items depicting or suggestive of sex involving minors.
10.12.3 In determining whether listings or information should be removed from www.iglobalsourcing.dhumall.com, we consider the overall content of the posting, including photos, pictorials, and text.
10.12.4 DhuMall does not permit the sale of SM. Novelty sexually explicit items, including various types of toys, collectibles, or food items in the shape of genitalia and primarily intended for adult buyers are permitted in the appropriate category.
10.13 Refurbished Products
The sale and purchase of refurbished computers, laptops, and mobile phones are prohibited on www.iglobalsourcing.dhumall.com.
10.14 Replica and Counterfeit Products
Listing of counterfeits, unauthorized items, or non-licensed replicas, i.e. counterfeit designer garments, handbags, sunglasses, watches, or other accessories, is strictly prohibited on www.iglobalsourcing.dhumall.com.
10.14.1 If the products sold bear the logo or name of a company but did not originate from or were not endorsed by that company, such products are prohibited from www.iglobalsourcing.dhumall.com.
10.14.2 Listing products of a luxury brand are permitted if an authorization certificate has been issued by the luxury brand owner.
10.14.3 Postings offering to purchase or sell counterfeits, replicas, or other unsanctioned items shall be subject to removal by DhuMall. Repeated postings of unauthorized items or counterfeit shall result in the immediate suspension of your membership.
10.15 Used Clothing and Cosmetics
10.15.1 Used undergarments may not be sold or listed on www.iglobalsourcing.dhumall.com. However several other used clothing may be listed, so long as the clothing has been thoroughly cleaned. Postings that contain extraneous or inappropriate descriptions will be removed.
10.15.2 The sale or listing of used cosmetics is prohibited on www.iglobalsourcing.dhumall.com.
10.16 Stolen Property
10.16.1 The sale or posting of stolen property is strictly forbidden on www.iglobalsourcing.dhumall.com and violates international law. Stolen property includes items taken from private individuals, as well as property taken without authorization from the owner, companies, or governments.
10.16.2 DhuMall cooperates and supports the efforts of law enforcement involving stolen property recovery and the prosecution of responsible individuals. If you are concerned that the images or/and text in your item description have been used by another Site user without your authorization, or that your intellectual property rights have been violated by such a user, please contact our service team at email@example.com.
11. Posting Agents
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on DhuMall's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from DhuMall. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from DhuMall.
12. No Spam Policy
You understand and agree that sending unsolicited email advertisements to DhuMall email addresses or through DhuMall computer systems is expressly prohibited by these TOS. Any unauthorized use of DhuMall computer systems is a violation of the TOS and certain laws of Malaysia. Such violations may subject the sender and his or her agents to civil and criminal penalties.
13. Becoming a Seller
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOS. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOS. Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.
14. Buyer and Seller Relationships
As a buyer (a user who purchases services on www.iglobalsourcing.dhumall.com), you understand and accept upon paying for the Service on www.iglobalsourcing.dhumall.com from the seller, the buyer and seller will be deemed to enter into a legally binding and enforceable contract which the buyer agrees to purchase, and the seller agrees to deliver the buyer the Service. Each party is responsible for ensuring that you both comply with your obligations to each other. If you do not, you may become liable to the other party. Both parties must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances, and regulations that are relevant to you as a seller or buyer. If either party breaches any obligation to one other, you both are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, DhuMall has no responsibility for enforcing any rights under the terms and conditions hereof.
Depending on their jurisdiction, seller, and buyer may have rights under statutory warranties that cannot lawfully be excluded. Nothing in the terms and conditions hereof is intended to override a right that by applicable law may not be excluded. Nothing in the terms and conditions hereof is intended to violate any laws relating to unfair contracts, and this agreement has been specifically redrafted to ensure compliance with unfair contracts legislation. To the extent that any component of the terms and conditions here is in conflict with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such local laws and no further.
Each party hereof acknowledges and agrees that the relationship between the seller and the buyer is that of an independent contractor. Nothing in the terms and conditions hereof creates a partnership, joint venture, agency, or employment relationship among the seller, buyer, and DhuMall. Nothing in the terms and conditions hereof shall in any way be construed as forming a joint venture, partnership, or an employer-employee relationship among the seller, buyer, and DhuMall.
Each party hereof further agrees and acknowledges that DhuMall or its affiliated companies are only a facilitator of the collection and remittance of the payment. No interest or any benefits whatsoever is given to or can be claimed by the seller or the buyer in the payment collected by DhuMall or its affiliated companies through and of the prescribed payment methods.
15. Limitations on Service
You acknowledge that DhuMall may establish limits concerning the use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that DhuMall has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that DhuMall reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice and that DhuMall shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
16. Access to Service
DhuMall grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display, or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by DhuMall. A limited exception to (b) is provided to general-purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine” does not include a website or search engine or other services that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.
DhuMall does not permit you to display on your website or create a hyperlink on your website to, individual postings on the Service, absent express permission granted by DhuMall to do so. You may create a hyperlink to the home page of DhuMall, so long as the link does not portray DhuMall, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
DhuMall may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third-party software news aggregators. DhuMall permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to "DhuMall” as the source, (d) your use or display does not suggest that DhuMall promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden DhuMall’s systems. DhuMall reserves all rights to the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by DhuMall immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display, or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from DhuMall that has been signed by one of DhuMall’s authorized representatives.
17. Termination of Service
You agree that DhuMall, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if DhuMall believes that you have acted inconsistently with the letter or spirit of the TOS. Further, you agree that DhuMall shall not be liable to you or any third party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after the said termination. Sections 2-7 and 13-20 shall survive termination of the TOS.
18. Proprietary Rights
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of DhuMall. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of DhuMall, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of the Service. DhuMall, as well as certain other names, logos, and materials displayed on DhuMall, constitute trademarks, trade names, service marks, or logos ("Marks”) of DhuMall or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with DhuMall or those other entities.
Although DhuMall does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to DhuMall an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant DhuMall all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
19. Disclaimer of Warranties
YOU AGREE THAT USE OF DhuMall AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. DhuMall AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, DhuMall DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF DhuMall AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, DhuMall DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON DhuMall OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON DhuMall OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE, AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, DhuMall DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH DhuMall OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DhuMall, DhuMall, OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
20. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL DhuMall BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF DhuMall HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF DhuMall OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF DhuMall OR THE SERVICE, FROM INABILITY TO USE DhuMall OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF DhuMall OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH DhuMall OR THE SERVICE OR ANY LINKS ON DhuMall OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH DhuMall OR THE SERVICE OR ANY LINKS ON DhuMall. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
You agree to indemnify and hold DhuMall, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of any rights of another.
22. General Information
The TOS, and any additional terms to which you agree when using particular elements of the Service, constitute the entire agreement between you and DhuMall and govern your use of the Service, superseding any prior agreement between you and DhuMall. The failure of DhuMall to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree 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 the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
23. Violation of Terms and Liquidated Damages
Please report any violations of the TOS by sending an email to firstname.lastname@example.org.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for DhuMall to pursue legal action to enforce the TOS, you will be liable to pay DhuMall the following amounts as liquidated damages, which you accept as reasonable estimates of DhuMall’s damages for the specified breaches of the TOS:
If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) includes personal or identifying information about another person without that person’s explicit consent, you agree to pay DhuMall one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
If DhuMall establishes limits on the frequency with which you may access the Service or terminates your access to or use of the Service, you agree to pay DhuMall one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access DhuMall in excess of such limits, whichever is higher.
If you send unsolicited email advertisements to DhuMall email addresses or through DhuMall computer systems, you agree to pay DhuMall twenty-five dollars ($25) for each such email.
If you post Content in violation of the TOS, other than as described above, you agree to pay DhuMall one hundred dollars ($100) for each item of Content posted. In its sole discretion, DhuMall may elect to issue a warning before assessing damages
If you are a Posting Agent that uses the Service in violation of the TOS, in addition to any liquidated damages under clause (d), you agree to pay DhuMall one hundred dollars ($100) for each and every item of Content posted in violation of the TOS. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal”), and the Principal (by engaging the Posting Agent in violation of the TOS) agrees to pay DhuMall an additional one hundred dollars ($100) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOS.
If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOS without DhuMall’s express written permission, you agree to pay DhuMall three thousand dollars ($3,000) for each day on which you engage in such conduct.
Notwithstanding any other provision of the TOS, DhuMall retains the right to seek the remedy of specific performance of any term contained in the TOS, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOS, or to seek to recover damages arising from or relating to a violation of this TOS or any combination thereof.
DhuMall offers a variety of online programs (the "Programs") as a convenience to its participating professionals and persons interested in engaging a professional (the "Consumer”) to perform or receive services ("Services") or information about such Services.
As a condition to your use of the Programs and as material inducement on the part of DhuMall and its Affiliates to offer the Programs, you expressly acknowledge and agree that:
Use of the Programs is at your sole risk. DhuMall and its Affiliates expressly disclaim any and all warranties of any kind, express or implied arising out of your use of our Programs.
DhuMall, its Officers, Directors, Members, and Employees, as well as DhuMall Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages or other losses resulting from or relating in any manner to your use of our Programs.
25. Brand Agreement
Legal Disclaimer: By logging in to your DhuMall account, you are agreeing to the terms below and you are stating that you have the authority to represent the manufacturer’s products, pricing, and copyrighted material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.
1) Parties: This "Agreement" between "I" or "me" or the "Company" and DhuMall. ("DhuMall", together with me, "we" or the "parties") governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.
2) Content: I hereby license to DhuMall the use of the images (including logo, products, installation photos, etc.), product catalog, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalog, related data, the "Content") for display on DhuMall and "Affiliated Sites," including related websites, social media websites, picture hosting websites, and all other website DhuMall at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials. I may make suggestions for the best way to showcase my products or display the Content at any time, but DhuMall retains full discretion regarding what Content (if any) to display, how, and where. I represent and warrant that I have obtained all rights in the Content necessary for DhuMall to exercise the rights granted hereunder, that the Content is accurate and representative of my products, and that I will update my DhuMall account with any updates to the Content necessary to keep such Content accurate and representative of my products. DhuMall and Affiliated Sites are not responsible for any damages associated with the Content or its interpretation.
(a) Membership: Price as stated on DhuMall at the time of purchase of the membership. Price remains locked in as long as membership is kept current. All payments are paid upfront at the beginning of the 30-day billing cycle. All yearly payments are paid upfront at the beginning of the 365-day billing cycle. Payments are automatically deducted from the account on file each billing cycle unless I cancel my account.
4) Length of Contract: This Agreement is valid up to and until I cancel my account.
5) Billing: In the event that a payment is due on my Membership, but my credit card on file is no longer valid or active, DhuMall may attempt to contact me to determine updated account information. DhuMall will wait thirty (30) days before canceling my membership.
6) Termination: I may request the termination of this agreement at any time. Termination will take effect upon the end of the last day of my billing cycle. DhuMall may terminate this agreement at will. In the event, DhuMall terminates this agreement early, and I am not in violation of any term of this Agreement, I will receive a prorated reimbursement for the portion of the billing cycle remaining.
Last updated on 23rd February 2023.
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