Terms And Conditions

Please read these Terms and Conditions/Terms of Use/ Terms of Service (these are also known as “Terms”, “Terms of Use”, “Terms and Conditions”) carefully before using the https://www.lexusandtheolivetree.com website/services (the “Service” or “Website”) operated by Lexusandtheolivetree.com (“us”, “we”, “our”, or “Administrator”).

“Registered Account” — an electronic Post Author(s)/Post Author/Advertiser(s) area within functional system of the Website, with a help of which he/she is able to manage his/her blog post/announcements/advertisement(s) on the Website.

“Post Author(s)”, “Post Author(s)/Post Author/Advertiser(s)”, “User(s)”, “Public”, “you”, “your” – means any natural person or blogger/blog poster/writer using any of Service/Website with or without a Registered Account. The Post Author(s)/Post Author(s)/Post Author/Advertiser(s) may also act on behalf of the company that provides goods and services and intends to post announcement(s)/advertisement(s) to the Website. In this case Post Author(s)/Post Author/Advertiser(s) shall be empowered for such representation in a written form.

By using the Website with or without Registered Account, regardless of how you access or use it, including through mobile devices you are accepting the terms of this Terms of Conditions and any applicable posted guidelines for the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

1.0 Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Lexusandtheolivetree.com and its licensors.

 

2.0 Registered Account
2.1. For the registration of an account, you shall provide necessary veridical and current information for the purpose of generation of Post Author(s)/Post Author/Advertiser(s) account, which includes Post Author/Advertiser’s unique login (email address/username), and a Website password, as well as his/her surname and name. Website Registration Form may require the Post Author(s)/Post Author/Advertiser(s)to provide more detailed information.

2.2. Website is a marketplace that allows Post Author(s)/Post Author/Advertiser(s) to offer, advertise by posting an blog post/announcement/advertisement just about anything (subject to relevant category and approval from Administrator) in a variety of pricing formats and locations. The actual contract for sale is directly between Users. In such a manner the Administrator is not a party of the transaction, but it only provides a communication trade platform for posting of blog post/announcements/advertisement(s). We also have no control over and do not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

2.3. Administrator does not pursue actions focused on checking of materials posted by Post Author(s)/Post Author/Advertiser(s) and expressly disclaims all responsibilities in relation to materials posted by Post Author(s)/Post Author/Advertiser(s).

2.4. Administrator prevents infringement of copyright and intellectual property right infringement in the course of using of the Website and can delete any Post Author(s)/Post Author/Advertiser(s)’s material, which infringes intellectual property rights, at its own discretion without prior notice. We also may terminate Post Author(s)/Post Author/Advertiser(s)’s access to the Website, in the event that such Post Author(s)/Post Author/Advertiser(s) repeatedly infringe rights or commit any actions in contrast to these Terms and Conditions.

2.5. We may set limits of active blog post/announcements/advertisement(s) for appropriate columns. The Administrator may or may not render additional services of increasing of a column limit by means of sales of an blog post/announcements/advertisement package.

2.6. The fees we charge for using our Service/Services are listed on the Website.

3.0 Using Website/Service
3.1. Using the Website/Service, the Post Author(s)/Post Author/Advertiser(s) shall:

3.1.1. provide veridical, complete and current data during registration, ensure them being updated;

3.1.2. The Post Author(s)/Post Author/Advertiser(s) shall immediately change data for accessing to the Website/Service, if he/she has a suspicion that his/her email address and password used for entering to the Website/Service were disclosed or probably used by the third parties.

3.1.3. notify the Administrator of unauthorized access to the personal account and/or of unauthorized access to and/or use of Post Author(s)/Post Author/Advertiser(s)’s login and password;

3.1.4. prevent other Users’/ Post Author(s)/Post Author/Advertiser(s)’s getting access to the personal account or any specific information contained on it, if this can lead to violation of the Terms and Conditions;

3.1.5. avoid posting of information and objects (including references hereto) to the Website/Service, which can infringe other persons’ rights and interests;

3.1.6. avoid posting of information and objects (including references hereto) to the Website/Service prohibited by these Terms and Conditions and by applicable law.

3.2. Using the Website/Service, the Post Author(s)/Post Author/Advertiser(s) shall not:

3.2.1. log in as a User on behalf or instead of other person (“false account”). However, the Post Author(s)/Post Author/Advertiser(s) can log in for and on behalf of other individual or legal entity subject to receipt of necessary well-documented authorities

3.2.2. confuse Post Author(s)/Post Author/Advertiser(s) concerning his/her personality using login and password of any other registered Post Author(s)/Post Author/Advertiser(s);

3.2.3. illegally download, store, post, distribute or provide access to or in any other way use intellectual property of Post Author(s)/Post Author/Advertiser(s) and the third parties;

3.2.4. perform bulk mailing to the addresses of other Website/Service Post Author(s)/Post Author/Advertiser(s) without their consents;

3.2.5. use software and pursue any other actions aimed to interference with normal operation of the Website/Service or Post Author(s)/Post Author/Advertiser(s) personal areas;

3.2.6. download, store, post, distribute and provide access to, or in any other way use viruses and other malware;

3.2.7. in any way, including, but not limited to, fraudulently, be way of breach of faith or crack, endeavor to get access to other Post Author(s)/Post Author/Advertiser(s)’s login and password;

3.2.8. perform illegal collection and processing of other individuals’ personal data

3.2.9. use the Website/Service otherwise but as provided herein, except when such actions were directly permitted to the Post Author(s)/Post Author/Advertiser(s) pursuant to a separate agreement with the Administrator;

3.2.10. reproduce, duplicate, copy, sell, carry out trade transactions and resell access to using of the Website/Service for any purposes, except when such actions were directly permitted to the Post Author(s)/Post Author/Advertiser(s) pursuant to a separate agreement with the Administrator;

3.2.11. post any other information, which is undesirable, disagrees with the purposes of creation of the Website/Service, encroaches Post Author(s)/Post Author/Advertiser(s)’ interests or otherwise presents itself as undesirable for being posted to the Website/Service;

3.3. Each Post Author(s)/Post Author/Advertiser(s) shall warrant and acknowledge that:

3.3.1. he/she undertakes full responsibility for obtaining of all necessary permits in relation to any Post Author(s)/Post Author/Advertiser(s) content, which he/she represents, downloads, or displays;

3.3.2. any Post Author(s)/Post Author/Advertiser(s) content represented, downloaded or displayed by him/her does not infringe any copyrights, patents, rights for trademarks, firm names, commercial secrets or any other personal or proprietary rights of any third party (“Third party rights”); and

3.3.3. he/she is entitled and authorized for sale, trade, distribution or export, or for offer for sale, trade, distribution or export of products and services described in Post Author(s)/Post Author/Advertiser(s) content, and such sale, trade, distribution or export, or offer does not infringe any Third party rights.

4.0 Posting of blog post/announcements/advertisement(s)/comment(s) by the Post Author(s)/Post Author/Advertiser(s)/User(s)/Public
4.1. Administrator may request Post Author(s)/Post Author/Advertiser(s) to provide the documents confirming legitimacy of posting of blog post/announcements in relation to products, goods and/or services.

4.2. The Post Author(s)/Post Author/Advertiser(s), who posts blog post/announcements with regard to sale of goods and services to the Website/Service, shall place information about them in accordance with these Terms and Conditions and provide precise and complete information about the goods and services, as well as about the terms and conditions of sale of them. When the Post Author(s)/Post Author/Advertiser(s) places information about goods or services, he/she hereby confirms being legally authorized to sell these products, goods or render such services pursuant to relevant laws, in which they are sold, as well as that he/she has obtained all necessary approvals.

4.3. The Post Author(s)/Post Author/Advertiser(s) warrants that product(s)/good(s)/service(s) he/she offers corresponds with quality norms established by relevant legislation/law(s), in which they are sold, and are free of the third parties’ claims.

4.4. The Post Author(s)/Post Author/Advertiser(s) warrants that product(s)/good(s)/service(s) he/she offers, provided that any special permits are needed for sale or rendering of them, will be sold/rendered in accordance with the requirements of relevant country/state/town/location, which special authorities will be empowered to supervise such Post Author(s)/Post Author/Advertiser(s)’s activity.

4.5. The Post Author(s)/Post Author/Advertiser(s) shall thoroughly check all information about product(s)/good(s)/service(s) posted by him/her to the Website/Service, and, in case of any incorrect information detected, add necessary data in the description of goods or services. If no possibility exists to do so, the product(s)/good(s)/service(s) shall adjust incorrect information by having annulled the announcement/advertisement(s) and posted information about product(s)/good(s)/service(s) again.

4.6. Delivery conditions should be included in a product(s)/good(s)/service(s) description, and services terms and conditions should form a part of service description. Product(s)/good(s)/service(s) sale and service terms and conditions developed by the Post Author(s)/Post Author/Advertiser(s) shall not interfere with these Terms and Conditions and applicable legislation/law(s), for which they are sold.

4.7. Price of goods or services shall be exact. If it is perceived to be changed due to any specific circumstances, the terms and conditions of price change shall be provided in an announcement/advertisement.

4.8. The Post Author(s)/Post Author/Advertiser(s) is not allowed to post or distribute:

– false, misleading or deceitful information;

– disreputable, defamatory, threatening or harassing, improper, unacceptable information;

– discriminative information, or information that facilitates discrimination on the basis of race, sex, religion, nationality, invalidity, sexual orientation or age;

– information which violates these Rules/Terms and Conditions;

– information which violates applicable or relevant law(s) and regulation(s) (including, without limitation, those regulating export control, consumer protection, unfair competition or false advertising, intellectual property rights);

– direct or indirect references to any other web sites, which comprise any content being able to violate these Rules/Terms and Conditions;

– vulgar abusive language;

– advocacy of hate, violence, discrimination, racism, xenophobia, ethnic conflicts;

– appeals to violence and unlawful actions;

– data infringing personal (non-proprietary) rights and intellectual property rights of the third parties;

– information that facilitates fraud, deception or breach of faith;

– information leading to transactioning with stolen or counterfeit objects;

– information violating or encroaching on the third party’s property, commercial secret or right to privacy;

– personal or identifying information about other persons without their express consent;

– information comprising data which may encroach on privacy right, abuse anybody’s honor, merit or business reputation;

– information comprising slander or threats directed against whosoever;

– information of pornographic nature;

– information which may inflict damage to under-ages;

– false or misleading information;

– viruses or any other techniques being able to damage the Website/Service, Administrator or other User(s)/Post Author(s)/Post Author/Advertiser(s);

– information about services deemed to be immoral, such as prostitution or other forms contradicting moral or legal norms;

– references or information about websites competing with the Website/Service services;

– information representing “spam”, “chain letters”, “pyramids schemes” or undesirable or deceitful commercial advertising;

– information distributed by information agencies;

– information offering to earn over the Internet without employer’s actual address or direct contacts indicated;

– information of multistage and network marketing or any other activity, which requires recruiting of other members, subagents, sub-distributors, etc.;

– information of solely promotional nature with no offers of specific goods or services;

– information or blog post/announcements about counterfeit and imitated goods or unauthorized copies. Unauthorized copies include also goods having been acquired by illegal means, pirated or stolen. Such goods may infringe intellectual property rights, and trademark rights as well;

– information or blog post/announcements on sale being able otherwise to violate legislation of state, which this announcement is intended for.

4.9 Administrator has all the rights to edit, amend, remove, and/or delete any post, blog post, and/or comment without prior notice to the Post Author/user.

5.0 Intellectual Property Rights
5.1. If Post Author(s)/Post Author/Advertiser(s) posts legally owned content to the Website/Service, he/she hereby grants to other users and the Administrator non-exclusive rights for its use solely in the scope of functionality provided by the Website/Service, except when such use damages or may damage legally protected right holder’s interests.

5.2. The Post Author(s)/Post Author/Advertiser(s) also grants to the Administrator a non-exclusive right to use content, which is located on the Website/Service and legally owned by him/her, without a compensation so that the Administrator would be able to ensure operation of the Website/Service to the extent determined by its functionality and architecture. The above mentioned non-exclusive right is provided for the period of posting of content to the Website/Service covering all states/locations over the world. The Administrator is entitled to assign rights described in this clause to the third parties.

5.3. Any use of the Website/Service or any content on the Website/Service, except that permitted by these Terms and Conditions or in the event of express right holder’s consent to such use, without prior written consent of a right holder is strictly prohibited.

5.4. Responsibility for violation of exclusive rights. The Post Author(s)/Post Author/Advertiser(s) shall be solely responsible for any content or other information, which he/she downloads or in any other way make publicly available (posts) on the Website/Service, or by its means. The Post Author(s)/Post Author/Advertiser(s) shall not download, distribute or post content to the Website/Service, if he/she is not properly entitled to such activity. In case of infringement of rights being detected, the rules of filing of notification on the infringement of rights stipulated herein shall be used.

5.5. The Administrator may, but not shall, review the Website/Service for a presence of any prohibited content and may delete or displace (without notice) any content at its discretion, for any reason or without it, including but not limited to deletion or displacement of content which violates these Terms and Conditions, laws and/or may infringe rights, inflict damages or endanger safety of other Users/Post Author(s)/Post Author/Advertiser(s) or the third parties.

5.6. Materials on the Website/Service, except those posted by the Post Author(s)/Post Author/Advertiser(s), including but not limited to texts, software, scripts, graphics, photos, sounds, music, videos, interactive functions, etc. (“Materials”) and trademarks, service marks and logos included in it (“Marks”) belong to the Administrator representing items of copyright and of any other intellectual property rights. Unauthorized use of such Materials and Marks without prior notice of the Administrator is not allowed.

6.0 Notice for Claims of Intellectual Property Violations and Copyright Infringement
6.1. If you are a holder of intellectual property rights or a person authorized to act in the name of a holder of intellectual property rights and you reasonably believe that information which is posted to the Website/Service someway infringes your intellectual property rights or intellectual property rights of a person, in which name you act, you may provide notification to the Administrator requiring to delete such material. In this regard you shall warrant that your appeal has a legal basis, and you act in good faith according to law.

6.2. Providing relevant notification concerning infringement of rights you shall ensure that your request corresponds to the form below and includes the following:

– an appeal should include physical or electronic signature of a person empowered for acting in the name of a holder of exclusive right, which is believed to be infringed;

– the items of intellectual property right, rights on which were supposedly infringed, shall be specified. If several items exist, the entire list of such items shall be provided;

– you shall specify materials (with an indication of specific URL-pages), which are stated to infringe rights or themselves are the objects of infringement;

– you shall provide contact information so that the Administrator would be able to contact you, for example, address, phone number, and email address (compulsory);

– signed application with regard to your faithful and reasonable believe in that materials being the objects of complaint concerning infringement of intellectual property rights are used without a right holder’s or its representative’s consent, and also that this is not allowed by law;

– signed application with regard to that a holder of intellectual property rights releases the Administrator from any third parties’ claims related to deletion of relevant materials by the Administrator;

– signed application with regard to that information contained in a notification is accurate under penalty of perjury, and you are authorized to act in the name of a holder of exclusive right, which has been supposedly infringed;

– statutory regulations indicated which you believe to be violated in connection to using of disputable content;

– state indicated, in which territory you believe the rights to be infringed;

– copies of documents establishing rights for an object of intellectual property right, which is subject to security, as well as a document that confirms powers for acting in the holder’s name, in attachments to your appeal.

– relevant notification shall be sent to us via email in Contact Us.

7.0 Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Lexusandtheolivetree.com

Lexusandtheolivetree.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Lexusandtheolivetree.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

8.0 Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9.0 Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

10.0 Indemnity

THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.

This is an blog post/blogging/advertisement website. We (Our Website or https://www.Lexusandtheolivetree.com or Lexusandtheolivetree.com or any page of our website or the owner/designer of this website) does not provide, own or control any of the advertised services and products that you can access through Our Website (the “Advertised Product(s)”). The blog posted Product(s)/Blog posted Product(s)/Advertised Products are owned, controlled or made available by third parties (the “Post Author(s)/Post Author/Advertiser(s)”) either directly or as an agent (e.g., online Web agency). The Post Author/Advertisers are responsible for the blog posted Product(s)/Advertised Products. The Post Author/Advertisers’ terms and privacy policies apply to your purchase, so you must agree to and understand those terms. Furthermore, the terms of the actual Post Author/Advertiser apply to your Web, so you must also agree to and understand those terms. Your interaction with any Post Author(s)/Post Author/Advertiser(s) accessed through Our Website is at your own risk; We do not bear any responsibility should anything go wrong with your purchase or during your Web or to any of your purchased services/product(s). You are strongly advised to follow the Safety Tips highlighted in our Website.

The display on Our Website of an Advertised Product(s) or Post Author(s)/Post Author/Advertiser(s) does not—in any way—imply, suggest, or constitute a recommendation by us of that Advertised Product(s) or Post Author(s)/Post Author/Advertiser(s), or any sponsorship or approval of us by such Post Author(s)/Post Author/Advertiser(s), or any affiliation between such Post Author(s)/Post Author/Advertiser(s) and us.

We hosts content, including prices, made available by or obtained from Post Author(s)/Post Author/Advertiser(s). We are in no way responsible for the accuracy, timeliness or completeness of such content. Since we have no control over the Advertised Product(s) and does not verify the content uploaded by the Post Author(s)/Post Author/Advertiser(s), it is not possible for us to guarantee the prices displayed on Our Website. Prices change constantly and additional charges (e.g., renewal fee, payment fees, services charges, local taxes and fees) may apply, so you should always check whether the price asked for an Post Author(s)/Post Author/Advertiser(s) is the one you expected. More details here. Some Advertised Product(s) may also be sold in another currency than the one preset or chosen by you for the display of the search results. Our currency conversion is for informational purposes only and should not be relied upon as accurate or real-time; actual rates may vary, and your payment provider (e.g., your credit card company) may charge conversion fees and apply another date’s currency rate.

If you make a purchase through Our Website for Advertised Product(s), that purchase is made with the Post Author(s)/Post Author/Advertiser(s) named on the purchase page and Our Website only acts as a user interface. Accordingly, we have no responsibility for the purchase or the Advertised Product(s) because we have no involvement in creating the description of the Advertised Product(s), in defining the price and any fees, or in providing the Advertised Product(s) that you book/purchase. If you have any issues or disputes with your purchase and/or the Advertised Product(s), you agree to address and resolve these with the Post Author(s)/Post Author/Advertiser(s) and not with us.

If you use Service, you are solely responsible for the Web information and other content that you upload, transmit or share with us or others on or through purchase (collectively, the ‘Purchase Information’), and you represent and warrant that you are not transmitting or sharing Purchase information that you do not have permission to share. It is your job to create backup copies and replace any Purchase information you provide us with at your expense.

When you provide us with Purchase information or make a purchase through our website, you authorize us to make copies as we deem necessary in order to facilitate the storage and assimilation of the Purchase information. By providing us Purchase information, you represent and warrant that you have the right to give us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to freely sublicense) to use, copy, modify, reformat, translate, syndicate and distribute that Purchase information that we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise, and to prepare derivative works of (or incorporate into other works) that Purchase information. You may remove your Purchase information from Purchase at any time, but the license that you have granted will remain in effect. You understand that we do not control nor are we responsible for reviewing Purchase information. However, we reserve the right to review, edit, or delete any Purchase information at any time.

Irrespective of any Law/Ordinance/Regulation/Rule of any Country and any part of the World, by visiting, viewing and/or using this website/Service, you agree and had agreed to indemnify and hold this website, the owner/designer, its subsidiaries and affiliates, and each of their directors, officers, agents, shareholders, members, managers, subsidiaries, affiliates, assigns, contractors, partners, and employees, harmless from and against any loss, liability, claim, cause of action or demand, including reasonable attorney’s fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of this website. We are not responsible for any incorrect or inaccurate content posted on the Websites/website/Website, whether posted or caused by our users of the websites, members or by any of the equipment or programming associated with or utilized by us.

We are not responsible for the conduct, whether online or offline, of any user of the Service(s). We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications on the Websites. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email, or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Websites. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the services, any content posted on or through the website, or transmitted to members, or any interactions between users of the services, whether online or offline.

11.0 Changes
We may modify these Terms for any reason—at any time—by posting a new version on Our Website; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of Our Website following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website in any way, your only recourse is to immediately terminate use of Our Website/websites/Service.