User Agreement
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
General:
This site is owned and operated by Zyda-Capital /Ebay Replay. Zyda-Capital /Ebay Replay has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site. These terms of use apply to all users of Zyda-Capital /Ebay Replay, from one-time users to people browsing the website to Zyda-Capital /Ebay Replay members.
Preview and Payment:
A) All eBooks from EBay Replay are downloadable for a free preview of the content. Combined with the in-depth online descriptions of each eBook when available, this gives the potential buyer ample opportunity to evaluate the Service and make an educated decision whether or not they are going to make a purchase. Because of this, EBay Replay maintains an "All Sales Final" policy and does not issue any refunds of any kind, in any event. You agree to indemnify, hold harmless and release EBay Replay and it's assigns from any and all obligations, liabilities, refunds or claims whatsoever upon evaluation of any part of the Service, including but not limited to, if or when you purchase an unlock code or any other product(s), service(s) or otherwise. EBay Replay only issues one eBook unlock code per eBook unlock code purchased. EBay Replay does not issue or re-issue unlock code(s) or subsequent unlock code(s) in any event. In the event of your purchasing an eBook unlock code from EBay Replay, you agree to be purchasing only the eBook unlock code. You understand and agree that you are not purchasing any rights to access, view, copy, resell, quote, duplicate, convey, transcribe, reference or otherwise, any part of any product(s), service(s) or the Service or otherwise. You understand and agree that EBay Replay is only responsible for the initial issuance of the unlock code you purchase and is not under any obligation to provide any support, service or any or all part(s) of the Service to you or otherwise.
B) The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, eBooks, downloadable files, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Zyda-Capital /Ebay Replay and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Zyda-Capital /Ebay Replay eBooks cannot be printed.
Registration and Installation and Non-Transferability:
In order to register, unlock, install and view the full version of an eBook, the registration, unlocking, and installation requires administrative rights. You are responsible for ensuring you have the proper rights, means and ability to register, unlock, install and view the full eBook on the computer you plan on purchasing the unlock code from, prior to purchasing the unlock code. EBay Replay is not responsible for nor under any obligations to provide support, service or otherwise for your data, the eBook, the unlock code or otherwise. EBay Replay is not, in any event, responsible, liable, obligated or otherwise for any actions, support, service or otherwise, beyond the original issuance of the eBook unlock code you purchase. Each eBook unlock code you purchase will only unlock the eBook on the computer you purchase the unlock code from. The eBook unlock code is non-transferable and will not unlock the same or any other eBook on any other computer.
Disclaimer of Warranty; Limitation of Liability:
A. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER ZYDA-CAPITAL /EBAY REPLAY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
B. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
C. IN NO EVENT WILL ZYDA-CAPITAL /EBAY REPLAY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. 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 ZYDA-CAPITAL/EBAY REPLAY TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
D. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ZYDA-CAPITAL/EBAY REPLAY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnification:
You agree to defend, indemnify and hold harmless Zyda-Capital /Ebay Replay and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the site.
Ebooks:
After purchasing any downloadable eBook or product from Zyda-Capital /Ebay Replay it is the Zyda-Capital /Ebay Replay Member's responsibility to download the eBook or product. If you believe an error has been made in the purchase, please do not download the eBook. Once you download the eBook, then it is impossible for us to refund you for it.
Important Notice:
EBooks cannot be printed, copied, or "loaned" to others due to infringement laws and electronic protection measures bestowed upon the eBook.
Important Notice:
Once an eBook is downloaded, it cannot be refunded or exchanged for another eBook or for a different format of the same eBook.
Changed Terms:
Zyda-Capital /Ebay Replay has the right at any time to change or modify these Terms of Use applicable to use of the site, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
Privacy:
Any and all information received, gathered or acquired in regards to you or yours is protected from distribution. All said information is considered private and is NEVER sold or shared with anyone outside of the merchant and Zyda-Capital /Ebay Replay.
COPYRIGHT Protections Enforced 2007 Zyda-Capital /Ebay Replay.
All rights reserved. Any rights not expressly granted herein are reserved.
Certain images and/or information used by EBay Replay may be copyrighted or trademarked by other entities or persons and are copyrighted and trademarked respectively and as accurately as possible, and are used only for informational or demonstrative purposes .
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