THE FOLLOWING DESCRIBES THE TERMS ON WHICH TYLOON OFFERS YOU ACCESS TO OUR WEB SITE AND SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY. BY USING OUR WEB SITE AND SERVICES, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS.

Website Use Agreement

Tyloon.com uses a patented business model and innovative technology to bring to you a new and exciting way to search and sell to the world. Using the country links on the top left of each page, you can search, buy, sell and communicate in each of the countries we provide.

By accessing The http://www.Tyloon.com/ ("the Site" or "our Site"), or by using the Tyloon services (the "Services") in any manner, you must agree to be bound by the terms of this Agreement. When using particular Tyloon Services, you may also be subject to additional guidelines or rules which we may post from time to time. In addition, if you arrive at our Site through any of our partners\\\\\\\' or affiliate web sites, you may also be subject to the terms and conditions of that web site. All such guidelines and rules are hereby incorporated by reference into this Agreement. If you do not agree to the terms of this Agreement, please exit the Site immediately, and cease all use of our Services.

You may review a current version of this Agreement at any time by clicking on the User Agreement link at the bottom of any page of the Site.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tyloon’s or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Tyloon and protected by U.S. and international copyright laws. All software used on this site is the property of Tyloon or its software suppliers and protected by United States and international copyright laws.

Trademarks

The Tyloon name and logo, the Tyloon.com marks, and all other related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of Tyloon or its affiliates and may not be used in any manner without the prior written consent of Tyloon or the Tyloon affiliate that owns any such mark(s). All other trademarks and service marks are trademarks of their respective owners.

Patents

One or more patents owned by Tyloon apply to this site and to the features and services accessible via the site. Portions of this site operate under license of one or more patents.

Intellectual Property and Rights of Publicity

You agree not to use the Site in any manner which violates, or proposes a transaction which, if consummated, would violate the trademark, copyright, patent, trade secret, trade dress, publicity or privacy rights or other proprietary rights of Tyloon or any third party. You agree not to link to any third party\\\\\\\'s web site or file on that web site without that party\\\\\\\'s permission. You agree that you will not use any automatic or manual process to monitor or copy any portion of the Site without Tyloon\\\\\\\'s prior written permission.

Modifications of Terms

Tyloon reserves the right to change any of the terms of this Website Use Agreement (including, without limitation, any terms, policies or notices incorporated herein by reference) without prior notice. You agree to visit this web page (or such other page accessible by clicking on the Website Terms of Use Agreement link in the footer of This Website) periodically to be aware of and review any such changes. Changes to this Agreement will be effective upon posting. By continuing to use This Website after changes are posted, you accept the changes and agree to them.

Membership / Access Eligibility

Membership / Access Eligibility: Our Services are available only to, and may be used only by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to children (persons under the age of 18) unless their use of our Services is in conjunction with and under the supervision of a parent or legal guardian. Further, our Services are not available to any person whose Tyloon membership has been suspended (temporarily or indefinitely) or permanently terminated. If you do not qualify, please do not use our Site.

If you are using the Site or our Services on behalf of a business entity, you represent that you have the authority to bind the entity to this Agreement.

You agree that Tyloon may, under certain circumstances and without prior notice, immediately terminate Your Account, and your access to our Services. Cause for termination shall include, but not be limited to, (a) breach of this Agreement or other guidelines or rules incorporated herein, (b) request by law enforcement or other government agencies, (c) request by you, (d) discontinuance or material modification to our Services (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. You agree that any termination shall be at Tyloon\\\\\\\'s sole discretion, and that Tyloon shall not be liable to you or any third-party for any termination of Your Account or your access to our Services.

User Accounts

1. A "Personal Account" is an account for your personal, non-commercial use only, and may be used (among other things) to submit, post, and transmit reviews, ratings, messages, compliments, invitations, commentary, photographs, and other types of User Content. In creating or updating a Personal Account, we ask that you provide complete and accurate information about yourself in order to bolster your credibility as a contributor to the Site, though you may instead choose not to provide information that makes you personally identifiable. Not withstanding the foregoing, you may not impersonate someone else, provide an email address that is not your own, or create multiple Personal Accounts.
2. A "Business Account" is an account for use on the Site as a representative of a business that is listed on the Site. In creating or updating a Business Account, you must be an authorized representative of the business in question. You must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own or create multiple Business Accounts for the same business. A verification process may be necessary to ensure accurate representation.

Service Fees and Money Back Guarantee:

1. Free Business Listings – Free business listings are advertising supported. 3rd party advertisement (text or banner ads) will be inserted on all free listing pages. Advertisement choice will be determined by Tyloon. The merchant will have no control in the type of advertisement placed on their listing pages. To remove the advertisement the merchant will need to upgrade to a paid listing plan.
2. Paid Business Listings – Paid business listings are not advertising supported, so there is no any advertisement placed on all paid business listing pages.
3. Tyloon provides a 30-day money back guarantee for new paid listing merchants. After the 30-day period, no refund will be given. The 30 day period begins on the switching to a paid business listing plan from a free business listing or on sign up of a paid business listing plan.
4. There are several payment and renewal methods for paid listing accounts.
5. The automatic renewal payment method can only be selected when using a credit card for payment. When using the automatic renewal system, you can choose between monthly, annual or bi-annual renewal periods.
6. The manual renewal payment method can accept credit card, Paypal, check and money order for payment. Only annual and bi-annual plans are available for the manual renewal system. The monthly renewal period is not available for manual renewal accounts.

Cancellation Policy for Business Accounts:

No cancellation notice is required, merchants only need to login to control panel, select “manual” on the plan, system will automatically switch paid listing to free listing if the paid listing plan is not renewed for more than 5 days after the due date.

For any paid listing account, System will automatically switch merchant’s paid listing plan to the free listing plan when plan is due for more than 5 days.

Upgrade and Downgrade of Business Accounts:

Merchant can upgrade and downgrade a paid listing account anytime. If there is a credit arose due to upgrade or downgrade, this credit shall apply to the future usage of merchant’s account in Tyloon.com, no refund shall be made from Tyloon to merchant unless it is within the first 30-day period.

Electronic Communications

When you visit Tyloon.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Ownership of Data

Tyloon takes privacy seriously and your personal information is never shared with third parties. If you registered for the Tyloon service through a co-brand web site, then your information may be shared with that co-brand partner for audit purposes. Co-brand partners may contact you in regards to their services, subject to the terms and conditions of their company\\\\\\\'s privacy policies and user agreement.

We reserve the right to change, suspend or discontinue the fees due for our Services at any time in our sole discretion. Temporary changes to our fees will be effective when we post information about such promotional events on our Site.

Tyloon is Only a Venue

Our Site acts as an open marketplace for users to search, buy, sell, and communicate the purchase and sale of products and services with other users. Tyloon provides only a service and is not involved in any transaction between buyers and sellers who use our Site. Tyloon does not handle any goods physically. Based on same basic online verification, Tyloon may identify some accounts as verified or unverified; however, we do not confirm the identity of our users, nor the accuracy of any listings posted on the Site. As a result, Tyloon does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. We cannot assure that all transactions will be completed. Tyloon does not guarantee the ability or intent of users to fulfill their obligations in any transactions. You are solely responsible for assessing the truthfulness of any buyer or seller with whom you deal, and for evaluating the accuracy of any listing posted on the Site. You agree that Tyloon has no liability for any misrepresentation, incomplete statement or failure to disclose by any user, or for any claims arising from a transaction initiated through the Site.

Selling / Posting

You must have the legal authority to sell or provide the goods and services that you are listing on our Site. If another user buys your item (accepts your offer), you are legally obligated to complete the transaction unless (i) the transaction is prohibited by law or this Agreement, (ii) the buyer materially modifies the terms and conditions of his or her offer, or (iii) a typographical error exists in the listing information which materially affects the terms of sale. You are also responsible for payment of all Tyloon fees. Any listed item which is an imitation, replica, or facsimile must use the terms "imitation" or "replica" in both the title and description of the listing. Your listing title and description should never confuse buyers as to the authenticity of the item. In addition, if your item is pictured with a trademarked logo, it must be produced by that company. Images of authentic items are not permitted when selling replicas. Your pictures must be of the item you are selling and your listing title is not confusing to buyers.

Copyright Notice

Copyright 2004-2008 Tyloon, Inc.. All rights reserved.
Tyloon, Inc.
10501 Valley Blvd. #1173
El Monte, CA 91731
Telephone No: (626) 618-0101
Facsimile: (626) 602-1818
Email: admin@tyloon.com

All claims must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A description of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site; A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Use of Information

Visitors may post reviews, comments, photos, and other content; and use other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Tyloon reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Tyloon a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Tyloon and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Amazon for all claims resulting from content you supply. Tyloon has the right but not the obligation to monitor and edit or remove any activity or content. Tyloon takes no responsibility and assumes no liability for any content posted by you or any third party.

Data Mining Prohibited

You may not use bots or similar methods or tools to “data mine” or otherwise gather or extract data from This Website, without Tyloon’s prior consent, which consent may be withdrawn by Tyloon at any time, with or without notice, in Tyloon\\\\\\\'s sole discretion.

Consent to Monitoring

Tyloon may employ automated filters and/or manual reviews to screen listings and content, either before those listings and/or content are posted on the Site or at any time thereafter. In the event that Tyloon, in its sole discretion, determines that any listing offers for sale any illegal item or service, that any content is Offensive Content, or that any listing or content is otherwise objectionable, Tyloon may refuse to post such listing or content, or may remove such listing or content from the Site. Further, Tyloon may suspend (temporarily or indefinitely) or permanently terminate Your Account due to improper listings or posts.

This Website agrees that Tyloon may monitor the contents of This Website periodically to (1) comply with any applicable laws, regulations or other governmental requests; (2) operate This Website properly or to protect itself and its users. Tyloon reserves the right to modify, reject or eliminate any information or other material residing on or transmitted to This Website (or the server(s) that host This Website) that it, in its sole discretion, believes is unacceptable or in violation of the terms and conditions of this Agreement. This Website and any Third Party Site (defined below) may contain content provided by advertisers or other third parties that may not be suitable for children. Tyloon asks parents or legal guardians to assist Tyloon by supervising the activities of children at This Website. Tyloon does not knowingly collect personal information from children through This Website.

Listing Restrictions

Tyloon prohibits the listing or sale of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation. It is your responsibility to sell only legal goods and services and you must make sure that what you list for sale on the Site is legal and conforms to all the legal requirements of your local, state, provincial, federal or foreign law and regulations. Items prohibited or restricted for posting on Tyloon.com include but are not limited to:

1. Academic, Beta or OEM Software
2. Copyright or Trademark-Sensitive Goods
3. Counterfeit or Knock-Off Goods (including currency & stamps)
4. Fireworks, Explosives, & Hazardous Materials
5. Gambling Items
6. Goods Made From Protected Animal/Plant Species
7. Government IDs
8. Hacking/Surveillance/Interception/Descrambling Equipment
9. Human Parts, Bodily Fluids & Human Remains
10. Illegal Drugs, Drug Paraphernalia, Steroids, & Other Controlled Substances
11. Individual Contracts or Non-Transferable Items
12. Items Subject to Embargo
13. Offensive Material (items that promote hatred, violence, racism, or intolerance)
14. Police-Related Items
15. Prescription/OTC Drugs & Medical Devices
16. Recalled Items
17. Stocks, Bonds & Securities
18. Stolen Property or Items Used For Theft
19. Weapons & Ammunition
20. The sale of alcohol to persons not of lawful age
21. The sale of tobacco products to persons not of lawful age
22. Tyloon prohibits the listing of any adult-oriented products or services, or listings which solicit directly or indirectly sexually-oriented services, or sexually-explicit content.

Restrictions on Use

You agree that you will not (and will not permit others to):

1. Use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with a User\\\\\\\'s enjoyment of the Site
2. Use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not
3. Use the Site in a manner that creates the appearance of a conflict of interest, including trading reviews with other business owners and writing or soliciting shill reviews
4. Use the Site to promote bigotry or discrimination against protected classes
5. Use the Site as a tool to promote political views, influence legislation or support candidates for public office
6. Use the Site to violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right
7. Use the Site to transmit or post illegal materials, including material that is pornographic or obscene
8. Use the Site in connection with the solicitation of personal information from minors
9. Use the Site in violation of the Terms of Service or any applicable local, state, national or international law
10. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works of, publicly display, sell, trade, or in any way exploit the Site, the Services, or any of the Site Content (other than Your Content), except as expressly authorized by Tyloon
11. Reverse engineer any portion of the Site;
12. Remove any copyright, trademark or other proprietary rights notices contained on the Site or in any Site Content
13. Collect or record information about Users
14. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any Site Content or information from the Site
15. Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews
16. Reformat or frame any portion of the Site
17. Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Tyloon\\\\\\\'s technology infrastructure
18. Attempt to gain unauthorized access to the Site, User accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Services or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

Content Policy

You agree not to post any Offensive Content on the Site or post any links or URL\\\\\\\'s (web addresses) to sites containing Offensive Content. "Offensive Content" includes, without limitation, words, images, sounds or other content which: (i) is profane, obscene or involves child pornography; (ii) denigrates a class of people because of their race, religion, country of origin, sexual orientation or gender; (iii) depicts violent or criminal acts, perpetrators or victims of violence or crime, or seeks to incite violence or crime; (iv) relates or pertains to any "hate group," i.e., groups that are organized in part to promote the oppression of or assert the supremacy of any class of people; or (v) contains defamatory or libelous statements or unlawfully disparaging remarks or threats.

Consent to Monitoring

Tyloon may employ automated filters and/or manual reviews to screen listings and content, either before those listings and/or content are posted on the Site or at any time thereafter. In the event that Tyloon, in its sole discretion, determines that any listing offers for sale any illegal item or service, that any content is Offensive Content, or that any listing or content is otherwise objectionable, Tyloon may refuse to post such listing or content, or may remove such listing or content from the Site. Further, Tyloon may suspend (temporarily or indefinitely) or permanently terminate Your Account due to improper listings or posts.

This Website agrees that Tyloon may monitor the contents of This Website periodically to (1) comply with any applicable laws, regulations or other governmental requests; (2) operate This Website properly or to protect itself and its users. Tyloon reserves the right to modify, reject or eliminate any information or other material residing on or transmitted to This Website (or the server(s) that host This Website) that it, in its sole discretion, believes is unacceptable or in violation of the terms and conditions of this Agreement. This Website and any Third Party Site (defined below) may contain content provided by advertisers or other third parties that may not be suitable for children. Tyloon asks parents or legal guardians to assist Tyloon by supervising the activities of children at This Website. Tyloon does not knowingly collect personal information from children through This Website.

Limitation of Liability

THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. IDEARC ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION (OR OTHER MATERIAL), APPARATUS, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED DOWNLOADED OR ACCESSED FROM THIS WEBSITE.

IN NO EVENT SHALL IDEARC OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE (DEFINED BELOW), (B) ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (D) THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER IDEARC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

No Warranties

Any material on This Website may include technical or other inaccuracies or typographical errors.

THIS WEBSITE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.

TYLOON AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

NO ADVICE OR INFORMATION GIVEN BY IDEARC, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER IDEARC NOR ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THIS WEBSITE OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) NEITHER IDEARC NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (4) THE INTERNET GENERALLY.

IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.

Disclaimer of Endorsement / Linked Sites

Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by TYloon Product and service information is the sole responsibility of each individual vendor.

Some of the sites to which you may link from This Website are not owned by Tyloon (collectively, “Third Party Sites”). Some Third Party Sites may contain the trademarks or “branding” of Tyloon. You can tell if you have linked from one site to another site by looking at the URL in the browser window (or, if the link opens a new browser window, by looking at the URL found by “right-clicking” on the page in the window and selecting “properties”). If the second level domain of the URL for the page containing the link is different than the second level domain of the URL for the page to which you have linked, you have linked to a different site. Please note that any of Tyloon\\\\\\\'s trademarks or service marks may be included in the URL of a co-branded or private label site that is owned and operated by a third party, in a location other than that occupied by the second level domain (e.g., as the third level domain). Third Party Sites may include, without limitation, sites on which you may bid for and/or purchase products or services. Tyloon makes no representations whatsoever concerning ( a) the information, software or other material appearing on, or accessible through, any Third Party Site (including without limitation, any advertisement for products or services on any Third Party Site), (b) the performance or operation of any Third Party Site (including, without limitation, any transactions initiated or conducted through any Third Party Site, any taxes associated therewith and any use by third parties of user credit card information), (c) any products or services advertised or sold on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), or (d) the sellers of any products or services advertised or sold on or through any Third Party Site. If you decide to access any of the Third Party Sites linked to This Website, you do so entirely at your own risk. If you are accessing a Third Party Site through a link on This Website, you are advised to read the terms of use and privacy policy of such Third Party Site before you use such Third Party Site.

Security/No Disruption

You agree that you will comply with any security processes and procedures (such as passwords) specified by Tyloon with respect to access to or use of This Website. Further, you agree not to access or attempt to access any areas of or through This Website which are not intended for general public access, unless you have been provided with explicit written authorization to do so by Tyloon. You agree that you will not disrupt the functioning of This Website or otherwise act in a way that interferes with other users\\\\\\\' use of This Website.

Breach

Without limiting other remedies, we may limit your activity, immediately remove your listings, bids and/or posts, warn our community or specific users within our community of your actions, temporarily suspend, indefinitely suspend or terminate Your Account and refuse to provide our Services to you if: (a) you breach this Agreement or the guidelines or rules it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or Tyloon.

Release:

You agree that Tyloon is not a party to any negotiations or transactions between the buyers and sellers who use its Site. In the event that you have a dispute with one or more users arising from any communications, negotiations, transactions, or other activities conducted or initiated through the Site or our Services, you release Tyloon and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing this release, which if known by him must have materially affected his settlement with the debtor."

Indemnity

You agree to defend, indemnify and hold Tyloon and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates harmless from and against any and all claims made by or liabilities to any third party resulting from any activities conducted under Your Account, your use or misuse of the Site or our Services, including, but not limited to, posting content on the Site, entering into transactions with other Site users, contacting others as a result of their posting(s) on the Site, infringing a third party\\\\\\\'s intellectual property or other rights, failing to deliver goods or payment to other Site users or otherwise arising out of your breach of this Agreement.

Notice

Any notices given pursuant to this Agreement that are directed to Tyloon shall be given by postal mail to:

Notice shall be deemed given twenty four (24) hours after email is sent or, in the case of notice sent via postal mail, three (3) business days after the date of mailing.

Language

It is the express intent of the parties that this Agreement and any related documents be drawn up and executed in the English language. General

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles, as if formed by and between California residents. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. You and Tyloon agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Santa Clara, California. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section of this Agreement. If any part of this Agreement is deemed invalid or void, that part of the Agreement shall be deemed severable and shall not affect the validity or enforceability of any of the remaining conditions. Tyloon\\\\\\\'s 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 and Tyloon are independent contractors. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. You agree that, except as expressly provided herein, there shall be no third party beneficiaries to this Agreement. Sections Use if Information, Copyright Notice, Release, Disclaimer of Warranties, Limitation of Liability, Indemnity, Notice and General shall survive any expiration or termination of this Agreement.