Terms and conditions
These Terms of Use apply to the TextileFinds website located at textilefinds.com, operated by Trusted Textile Marketplace (TextileFinds).
Last revision date: July 26, 2022
Terms of Use
These terms and conditions constitute a legal agreement between you and АBC Textile Solutions(the "Terms of Use"). These Terms of Use apply to the TextileFinds web-site located at https://textilefinds.com, that is operated by Trusted Textile Marketplace (hereinafter referred to as We or TextileFinds), and all associated sites linked to https://textilefinds.com by Trusted Textile Marketplace, its subsidiaries and affiliates (collectively, the “Web-site”).
BY USING THE WEB-SITE IN ANY WAY, YOU ARE CONFIRMING THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND HAVE AGREED TO BE BOUND BY THEM; IF YOU DO NOT AGREE, DO NOT USE THE WEB-SITE.
We may amend these Terms of Use at any time at our own discretion. If these Terms of Use are amended, we shall display the revised terms and conditions on this Web-site. You acknowledge that any new, different or additional features changing the services provided by TextileFinds will automatically be subject to this Agreement. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Web-site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Web-site. If you do not agree to comply with these Terms of Use or any amendments to them, please stop using the Web-site immediately
Description of Services
We offer services that allow users to sign up on our Web-site and create profile. Upon signing up on Web-site User shall have the right to:
- Post the information, including photos, videos, images, texts and other materials (further - Content):
- about the User’s company, that enables to display and edit the information in the Web-site catalogs about the User's company and\or his business, including the name of the Company, its location, offered goods and services, contact details, short information about the company, etc.
- about the goods and services, that enables to edit and display the descriptions and specifications of the offered goods and services in the Web-site catalogs.
- To use the unique domain name as "subdomain.all.biz"
- To create a site that will contain the information about the company and the User's goods and services.
- To use other services of the Web-site.
You agree and confirm that TextileFinds shall have the right to post any information about goods and services of your company on the Web-site taken from open information source. Such information is used in order to make Web-site more useful and convenient for all Web-site users.
You agree and confirm that TextileFinds shall have the right to redirect any request for the purchase of goods or services, sent to you, to other users of the Web-site if You would not process such request within a reasonable period of time.
In order to improve our services and reach TextileFinds users’ satisfaction, TextileFinds reserves the right to place any unprocessed request for public access.
You do not have to sign up to visit Web-site. Visitors may search for necessary goods and services in international, national and regional catalogues. If you need more information on how to use Web-site as a buyer, please visit https://textilefinds.com, that is operated by ABC Textile Solutions (hereinafter referred to as We or TextileFinds).
User’s Accounts
When creating your account, you must provide accurate and complete information concerning you or your company. You also shall fill in relevant forms in your personal account My TextileFinds and maintain this information updated.
TextileFinds shall have the right to ask for your confirmation of relevant data mentioned by you when signing up on Web-site and request supporting documents.
In the event you provide TextileFinds with incorrect information or if you fail to comply with these Terms of Use or any supplemental terms TextileFinds shall have the right to suspend or cancel your account and terminate rendering services.
Your account gives you access to the services and functionality that We may establish and maintain from time to time and at our sole discretion.
You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account.
You must notify TextileFinds immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
However, you may be held liable for losses incurred by TextileFinds or any other user of or visitor to the Web-site due to someone else using your login, password or account.
You shall never use another User’s login, password or account without the express permission and consent of the holder of that login, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Authorization to Contact You
By providing TextileFinds your email address you consent to our using the email address to send you Service-related notices, including any system, legal, informational, promotional, educational notices or advertisement by email or postal mail. You may opt out from informational, promotional, educational notices or advertisement.
You also agree to receive calls, including autodialed and/or pre-recorded message calls, from TextileFinds at any of the telephone numbers (including mobile telephone numbers) that we have collected for you as authorized and described in our Privacy Policy, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. You agree that we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:
- To contact you for reasons relating to your account or your use of our Services (such as to collect a debt, resolve a dispute, or to otherwise enforce our Terms of Use) or as authorized by applicable law
- To contact you to offer our value-added services and promotional offers.
We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent, but may share your telephone numbers with members of the TextileFinds corporate family and/or our affiliates, for their use, as authorized under our Privacy Policy.
TextileFinds may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with TextileFinds or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with TextileFinds may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by TextileFinds, and TextileFinds does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
Your Use of the Web-site
What we DO NOT WANT you to do while using our Web-site
- Running automated search queries on our Web-site that may harm the operation of our Web-site.
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Web-site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Web-site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Web-site.
You shall not attempt to gain unauthorized access to any portion or functionality of the Web-site, or any other systems or networks connected to the Web-site or to any TextileFinds server, or to any of the services offered on or through the Web-site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Web-site or any network connected to the Web-site, nor breach the security or authentication measures on the Web-site or any network connected to the Web-site.
You may not reverse, look-up, trace or seek to trace any information on any other user of or visitor to the Web-site, including any TextileFinds account not owned by you, to its source, or exploit the Web-site or any service or information made available or offered by or through the Web-site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your personal information, as provided by the Web-site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Web-site or TextileFinds systems or networks, or any systems or networks connected to the Web-site or to TextileFinds.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Web-site or any transaction being conducted on the Web-site, or with any other person's use of the Web-site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to TextileFinds on or through the Web-site or any service offered on or through the Web-site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- Misrepresent the nature of your relationship with TextileFinds. You are not allowed to pretend to act on behalf of TextileFinds in any capacity unless we explicitly authorize you to do so.
- Inappropriate use of our Web-site. You must not edit, remove, alter, tamper with, or in any way change this Web-site or any part of it.
You must comply with all laws and regulations when using this Web-site and must not use it for illegal or illegitimate purposes. You may not use the Web-site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of TextileFinds or others. You must not distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.
You must not post false, inaccurate, misleading, defamatory, or libelous content.
You must not post, send, transfer or allocate in any different way on Web-site information about products and/or services that you may not offer to sell, advertise or make available according to the law. In the event that according to current legislation of the state of your residence sale and/or advertising of certain products and/or services are prohibited, you shall be solely responsible for compliance with such legislation when posting relevant content on Web-site.
You receive no rights with respect to content uploaded by other users and you shall be solely responsible for any unauthorized use of such content before its owners.
You must not use this Web-site in any manner whatsoever that may prejudice or damage our business.
- Using our trademarks, trade name, design elements, logos, content, articles, and other Intellectual Property. All Intellectual Property rights including, but not limited to, copyright (including copyright in computer software), patents, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in this Web-site (together, the "Intellectual Property Rights") are owned or licensed by TextileFinds. You acknowledge that by using this Web-site, you will not acquire any right or interest in either the Web-site or the Intellectual Property Rights.
Except as explicitly provided herein, nothing in this Terms of Use shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Web-site.
You shall not remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on this Web-site or pass off or attempt to pass off this.
Quoting of any Web-site information including but not limited to copyrighted works is subject to Web-site reference.
If we believe or discover that you are abusing TextileFinds in any of the ways mentioned above or otherwise, we may, in our sole discretion, take any steps to prevent and mitigate such abuse such as limiting, suspending, or terminating your user account(s) and access to our Services, delaying or removing hosted content, removing any special status associated with your account(s), reducing or eliminating any discounts, and taking technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.
Content
You may post information about your company and your business on Web-site (Content). TextileFinds may establish certain requirements to content that you upload on Web-site.
In particular, You may not submit or upload Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
The user does not have the right to post the information that in any way violates the rights of third parties, including Intellectual Property rights.
You represent and warrant that your Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your Content in all manners, contemplated by these terms. You agree to indemnify and hold us, our subsidiary, affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your Content. Content that violates any of TextileFinds policies may be deleted at TextileFinds discretion.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review Content or communications sent through an TextileFinds Service, at any time and for any reason, including to ensure that the Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations, posted or sent by users.
TextileFinds shall not be liable for all and any mistakes, inaccuracy, omissions that were taken place while signing up or uploading Content on the Web-site and cannot be held liable for all and any losses, including but not limited to, lost profit, arising out or in connection with such mistakes, inaccuracy or omissions.
TextileFinds shall not be liable for use (whether authorized or unauthorized) by third parties of Content uploaded on Web-site, including but not limited to reproduction and distribution within or outside the Web-site.
When providing us with Content or causing Content to be posted on Web-site, you grant us a non-exclusive, sub licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the TextileFinds Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of Content to us, your causing Content to be posted using the Web-site and use of any such Content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with this Terms of Use.
We reserve a right to advertise goods and services post on Web-site at TextileFinds sole discretion including but not limited to by way of processing Content and displaying it on our relevant Web-site pages with the right to its structuring, editing, integration, division, rearrangement, translation of the text part of Content to other languages. We are not responsible for any errors, distortions, omissions, inaccuracies, deletions, defects in Content in connection with the translation of the Content’s text part into other languages.
We may offer catalogs including stock images, descriptions and product specifications that are provided by third-parties (including users). You may use catalog content solely in connection with your TextileFinds listings. That permission is subject to modification or revocation at any time at TextileFinds sole discretion.
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogs. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
We may put watermarks on your pictures that you upload on Web-site with links to your mini-site on our Web-site.
Your Ideas
You may choose to or We may invite you to submit comments, notes, feedback, concepts or ideas about the Web-site, including without limitation about how to improve the Web-site or our services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, We do not waive any rights to use similar or related ideas previously known to us or developed by our employees, or obtained from sources other than you.
In connection with Ideas, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party Intellectual Property Rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TextileFinds all of the license rights granted herein.
Privacy
TextileFinds Privacy Policy applies to use of this Web-site, and its terms are made a part of these Terms of Use by this reference. To view our Privacy Policy, please follow the link https://textilefinds.com/en/privacy-policy
Additionally, by using the Web-site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Web-site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites
This Web-site may contain links to other independent third-party web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under TextileFinds control, and TextileFinds is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
You will need to make your personal independent judgment regarding your interaction with these Linked Sites.
Disclaimer of Warranties. Limitation of Liability
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by users through the Web-site or any hyperlinked website or service, and we will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
We do not guarantee that our services will reflect your expectations.
We do not guarantee that quality of products, services or information obtained by using our Web-site will reflect your expectations and/or demands.
We shall not be liable before users and third parties for any consequences of using Content for trade, credit or other business activities.
We shall not be liable for accuracy of advertising information. All responsibility for accuracy of advertising and its compliance with laws shall bear a user that post such advertising. Such user is considered to be advertiser with respect to TextileFinds.
We reserve the right to cancel or to transfer to another user domain name given to particular self-registrant provided that such domain name is not in use by such self-registrant within 6 (six) or more calendar month (there is no visits, no access to personal profile).
We try to keep our services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Web-site. Bid update and other notification functionality in TextileFinds applications may not occur in real time. Such functionality is subject to delays beyond TextileFinds control.
You agree that you are making use of our Web-site at your own risk, and that it is being provided to you on an "AS IS" and "AS AVAILABLE" basis. TextileFinds does not promise that the Web-site or any content, service or feature of the Web-site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Web-site will provide specific results.
TextileFinds also does not guarantee safety of user’s profile, user’s site and user’s Content.
Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
TextileFinds reserves the right to do any of the following, at any time, without notice, to:
- Modify, suspend or terminate operation of or access to the Web-site, or any portion of the Web-site, for any reason
- Modify or change the Web-site, or any portion of the Web-site, and any applicable policies or terms
- Interrupt the operation of the Web-site, or any portion of the Web-site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
All information provided on the Web-site is subject to change without notice. TextileFinds cannot ensure that any files or other data you download from the Web-site will be free of viruses, contamination or destructive features.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- your use of or your inability to use our Web-site;
- errors, mistakes, or inaccuracies of Content;
- delays or disruptions in our services;
- viruses or other malicious software obtained by accessing or linking to our services;
- glitches, bugs, errors, or inaccuracies of any kind in our services;
- damage to your hardware device from the use of any TextileFinds service;
- the content, actions or inactions of third parties.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100 (one hundred US dollars).
Indemnity
You agree to indemnify and hold TextileFinds, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against TextileFinds by any third party due to or arising out of or in connection with your use of the Web-site, your breach of this Terms of Use or your breach of any law or the rights of a third party.
Governing Law. Dispute Resolution
You agree that all matters relating to your access to or use of the Web-site, including all disputes, will be governed by the laws of the Republic of Uzbekistan without regard to its conflicts of laws provisions.
Any claim under these Terms of Use must be brought within the term according to the Laws of the Republic of Uzbekistan. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees.
In the event of any controversy or dispute between TextileFinds and you arising out of or in connection with your use of the Web-site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation administered by the Chamber of Commerce and Industry (CCI) in accordance with its mediation rules.
Any party to this Terms of Use may demand mediation at any time by serving a written demand in person or by mail to the opposing party with a copy of the demand and of the dispute resolution agreement to CCI.
The parties agree that the mediation provisions of this Terms of Use may be enforced in the same manner as an arbitration agreement, by petition to any court having jurisdiction for the appointment of a mediator in the same manner as a petition for the appointment of an arbitrator. Further, the parties agree the court may award attorney fees and costs to the prevailing party in any proceeding to enforce this mediation agreement.
The fees and costs of the mediation shall, in the absence of an agreement to the contrary, be borne equally by all parties.ния об ином, распределяются поровну между сторонами.
For any claim where the total amount of the award sought is less than $10,000 (ten thousand US dollars), the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
Notice for Claims of Intellectual Property Violations and Copyright Infringement
If you believe that your Intellectual Property Rights have been infringed, please submit an electronic message to [email protected] with the following information:
- identification or description of the copyrighted work or other Intellectual Property that you claim has been infringed. If you are asserting infringement of an Intellectual Property Right other than copyright, please specify the type of Intellectual Property Right (for example, trademark or patent);
- identification or description of the precise location of the infringed material that you claim on the TextileFinds site, with enough details that we may find it on our Web-site;
- your address, telephone number, and email address;
- a statement that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or by law;
- a statement that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf;
- any information that proofs your Intellectual Property Rights.
We reserve the right not to consider your claim if it does not contain all information mentioned above.
General
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our 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. We do not guarantee we will take action against all breaches of this Terms of Use.
All electronic messages in a form of documents, notices and letters send via e-mail according to this Terms of Use and that are delivered to recipient shall be deemed duly executed in a written form.
TextileFinds shall have the right at its own discretion and without obtaining your prior consent to assign its right and obligations hereunder to third parties. In the event of such assigning this Terms of Use save the full force and right and obligations of TextileFinds shall be transferred to successor.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Web-site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Terms of Use.
The Terms of Use, the Privacy Policy, and all polices set forth the entire understanding and agreement between you and TextileFinds and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this Terms of Use: Content; Disclaimer of Warranties; Limitation of Liability; Indemnity and Legal Disputes.