Toshiba eMarketPlace System

Toshiba eMarketPlace Usage Policy
(This policy extends Website Terms of Use.)

1. This Toshiba eMarketPlace Usage Policy extends the existing Terms of Use Policy on the website at pc.toshiba-asia.com.
2. Toshiba currently provides users with access to the eMarketPlace website that allows users to send messages and post buy/sell requests of used Toshiba notebook computers and related accessories, amongst other things (herein called Service). Users may then arrange to transact the items at their own time and at a venue of their own choice. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new resources or functions, shall be subject to the Toshiba eMarketPlace Usage Policy. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. This Service is restricted to residents of Bangladesh, India, Indonesia, Malaysia, Pakistan, Philippines, Singapore, Sri Lanka, Thailand and Vietnam.
4. As a condition of your use of this eMarketPlace, you warrant to Toshiba that you will not use this eMarketPlace for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to use the Service only to send and receive messages or material that are proper and related to Toshiba computer products only. By way of example, and not as a limitation, you agree that when using the Service, you will not:
   1. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
   2. Impersonate any person or entity, including, but not limited to, a Toshiba official or falsely state or otherwise misrepresent your affiliation with a person or entity.
   3. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
   4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
   5. Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
   6. Upload, post or otherwise transmit any confidential Content that you do not have a right to transmit under any law or under contractual relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   7. Conduct or forward surveys, contests, pyramid schemes or chain letters.
   8. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
   9. Restrict or inhibit any other user from using and enjoying the Service.
   10. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons.
   11. Stalk or otherwise harass another.
   12. Collect or store personal data about other users.
5. You agree that Toshiba, in its sole discretion, may remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Toshiba believes that you have violated or acted inconsistently with the Toshiba eMarketPlace Usage Policy. Toshiba may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this eMarketPlace Usage Policy may be effected without prior notice, and acknowledge and agree that Toshiba may immediately deactivate or delete your buy/sell requests and all related information and files in your buy/sell requests and/or bar any further access to such files or the Services. Further, you agree that Toshiba shall not be liable to you or any third-party for any termination of your access to the Service.
6. Toshiba reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice.
7. Toshiba has no obligation to monitor the Service. However, Toshiba reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Toshiba's sole discretion. Toshiba does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Toshiba does not control or endorse the content, messages or information found in using the Service and, therefore, Toshiba specifically disclaims any liability with regard to the Service and any actions resulting from your participation in the Service.
8. You agree to indemnify and hold Toshiba, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the eMarketPlace Policy, or your violation of any rights of another.
9. TOSHIBA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TOSHIBA HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
10. IN NO EVENT SHALL TOSHIBA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE, WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TOSHIBA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.

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