Terms of Use

Lionseek Terms of Use

Thank you for using the services available to you on Lionseek at www.lionseek.com (“Services”). By using the Services, you are agreeing to these Terms of Use. Please read them carefully.

1. Ownership

Lionseek is a product of Kimba Ventures, LLC. You understand and acknowledge that Kimba Ventures, LLC owns all right title and interest to Lionseek and all proprietary rights associated therewith and reserves all rights not specifically granted herein.

2. Listings

The listings contained in Lionseek’s search results, or linked from those results, are created by people over whom Lionseek exercises no control. You acknowledge and understand that we have no control over the listings or other information posted therein. Lionseek’s search results are indexed in an automated manner and are not screened by Lionseek. Lionseek cannot confirm that the sellers who created the listings are who they are or who they claim to be. Lionseek assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any listing, item, information, or website that is either included in Lionseek’s search results or linked to by Lionseek. Lionseek contains inks to other sites on the Internet which are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that Lionseek is not responsible for the availability of, or the materials located on or through any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.

3. Removal of a Listing

Although Lionseek has no obligation to do so, Lionseek may monitor messages posted on Lionseek and reserves the right to delete any listing or portion thereof which Lionseek determines in its sole discretion is illegal, fraudulent, inaccurate, unavailable, or unrelated to the specific section in which said listing appears, violates any third party’s rights, or that Lionseek otherwise deems is inappropriate in its sole discretion. If you believe a listing violates Lionseek’s policies, please contact Lionseek at contact@lionseek.com immediately so that we can consider its editing or removal. Lionseek does not promise to remove any listing and interpretation of whether a listing violates any Lionseek policy always remains within the sole discretion of Lionseek.

4. License

To the maximum extent permitted by law, if you post content or submit material to Lionseek, including photographs, you grant Lionseek a nonexclusive, worldwide, perpetual, irrevocable (except as described herein), fully paid, royalty-free, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for any purpose without restriction. Furthermore, you grant Lionseek, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that: (i) you own the content posted by you on or through Lionseek or otherwise have the right to grant the license set forth in this section; (ii) the posting and use of your content on or through Lionseek does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity; and (iii) the posting of your content on Lionseek does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of content you post on or through Lionseek. You agree to defend and indemnify Lionseek, its founders, officers, employees, contractors, and agents from any claims resulting from any content or materials you provide hereunder. If you wish to revoke your license grant for any such content, please submit your request to Lionseek at contact@lionseek.com and include in such request the following information: (a) identification of the content for which the license is to be revoked and information reasonably sufficient to allow Lionseek to locate and remove the content on Lionseek; (b) a statement, under penalty of perjury, that you are the rights holder or authorized by the rights holder to revoke the license for the designated content; and (c) a statement that the information in the request is accurate.

5. Change in Service and Terms

Lionseek may modify or terminate Lionseek from time to time, for any reason, and without notice. Indeed reserves the right to modify these terms from time to time without notice so check back often to review these Terms of Use.

6. Disclaimer of Warranties

Lionseek disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Lionseek results or posted on the Lionseek website by Lionseek or third parties. Lionseek disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Lionseek disclaims any responsibility for any harm resulting from downloading or accessing any information or material on Lionseek or on other sites on the Internet accessed through Lionseek. Under no circumstances shall Lionseek be liable to you or any user on account of that user’s use or misuse of or reliance on Lionseek.

LIONSEEK, AND ALL MATERIALS, INFORMATION, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON LIONSEEK ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. LIONSEEK EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. LIONSEEK DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. LIONSEEK DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH LIOSNEEK. LIONSEEK DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY LIONSEEK.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF LIONSEEK AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL LIONSEEK BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE WEBSITE, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF LIONSEEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON LIONSEEK, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON LIONSEEK, FROM INABILITY TO USE LIONSEEK, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF LIONSEEK (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON LIONSEEK OR RECEIVED THROUGH ANY LINKS PROVIDED ON LIONSEEK. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF LIONSEEK OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, LIONSEEK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Without limiting the foregoing, under no circumstances shall Lionseek be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

8. Governing Law and Dispute Resolution

These Terms of Use and any dispute arising out of or in connection with these Terms of Use (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of California, United States of America, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in the federal or state courts located in San Mateo County, California. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in San Mateo County, California, USA.

9. Use by Minors

The Services are not directed to individuals under the age of eighteen (18), and we request that these individuals do not provide personally identifiable information through the Services.

10. Gun Listings

With respect to listings in the “Gun” category, you acknowledge and agree to the following:

Lionseek does not investigate or certify whatsoever that any seller has the legal right to offer for sale or sell any items appearing on the site. All users must comply with all applicable local, state, federal and international laws, rules and regulations, including all applicable permitting, registration, certification and licensing requirements, and shall not use Lionseek for any illegal purpose. Lionseek is in no way involved with any transactions between parties, including but not limited to the sale or transfer of firearms. Please report all illegal firearms activity to the proper authorities. For questions regarding the sale or transfer of firearms, please contact the ATF at 1-800-ATF-GUNS or visit its website at www.atf.gov

11. Miscellaneous

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. These Terms of Use, together with any amendments and any additional agreements you may enter into with Kimba Ventures, LLC in connection with Lionseek, shall constitute the entire agreement between you and Kimba Ventures, LLC concerning Lionseek. If any provision of these Terms of Use are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. By using Lionseek, you signify your assent to these Terms of Use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. 

 

Last updated: January 1, 2015