"Member" shall be entitled solely to those
privileges explicitly set forth in this Agreement.
This Membership Agreement is effective upon receipt
and acceptance of a Member Application Form by
Foto Bazar and shall continue until either party
terminates the Agreement. Either party may terminate
this Agreement for any reason, or no reason at
all, upon written notice to the other party. Member
agrees that FOTO BAZAR, in its sole discretion,
shall have the right to terminate Member's access
to FOTO BAZAR Website at any time, for any reason,
and that FOTO BAZAR shall not be obligated to
disclose such reason to Member. Termination of
Member's access to FOTO BAZAR's Website is sufficient
notice of termination of this Agreement.
AGREEMENT. This Agreement is not a transfer
or a license of any of FOTO BAZAR rights. By accessing
FOTO BAZAR Website, Member expressly acknowledges
acceptance of the terms of this Agreement. Member
agrees that FOTO BAZAR has the right to deny any
individual access to its Website. Unauthorized
access to FOTO BAZAR Website is expressly forbidden.
FOTO BAZAR Website is protected under Copyright
Laws. Any reproduction or distribution of this
Website information, by, for, or to any third
party, is expressly forbidden.
DISCLOSURE. Member understands and agrees
that information disclosed through FOTO BAZAR
Website includes trade secret and proprietary
information belonging to FOTO BAZAR. Member agrees
not to copy or disclose to third party, in whole
or in part, any portion of the information and
the software. Member also agrees that all Username
and Password supplied to the Member are non-transferable
and may only be used by those parties expressly
named in this Agreement. The provisions of this
Confidential Disclosure section shall survive
the termination of this Agreement.
FOTO BAZAR assumes no liability for losses incurred
in the use or application of the software or the
data contained therein. FOTO BAZAR shall not be
liable for any direct, indirect, special, incidental,
or consequential damages, whether based on contract,
tort, or any other legal theory, arising out of
the sale, service, furnishing performance or use
of any information, data or materials sold or
provided under this Agreement. The provisions
of this Disclaimer section shall survive the termination
of this Agreement.
OF THE INFORMATION. FOTO BAZAR uses the information
collected from the site only to better serve its
members. Among the information, member's name,
address, telephone number, fax number, email address,
"Offers" and "Requirements"
information are available to all members. Every
member may also have access to the information
related to the searches for parts made by a member
through the "Part Search" function.
BAZAR will not distribute or make known the inventory
of a member except through the use of the functions
on FOTO BAZAR web site, the XML Speed Search feature
or the "Web Wizard" search engine. In
addition, the complete inventory of a member cannot
be downloaded or made available to another member
or third party. The information associated to
member's "Request for quotes" is strictly
confidential and is available only to the members
to which it is destined. All information referring
to a member's use of FOTO BAZAR web site and/or
features is highly confidential and is not shared
with third party companies or individuals.
PROVISIONS. The failure of a party to insist
upon the performance of any provision of this
Agreement or to exercise any right or privilege
granted that party shall not be construed as waiving
any such provision and the same shall continue
in force. This Agreement shall be binding upon
and inure solely to the benefit of each of the
parties, and no other persons or entities shall
be beneficiaries hereunder or have any rights
to enforce any part of this Agreement. If any
provision of this Agreement is found to be void,
the remainder of this Agreement shall survive
and remain in full force and shall not thereby
be terminated. This Agreement is entered into
at Montreal, Canada and shall be governed by laws
of the Province of Quebec. An electronically send
agreement shall be as valid as a written agreement.
The parties agree that this Agreement shall be
written in English only.