38. Each vendor (seller) grants to each buyer of the vendor (seller)’s items a limited indemnity on the following terms:
a. if another person makes a claim against a buyer that the buyer’s use of the item in accordance with the terms of the applicable license infringes the intellectual property or other rights of that third party; and
b. if that buyer promptly notifies the vendor (seller) of the claim and gives the vendor (seller) the option to control the defense of the claim (at the vendor (seller)’s cost), then the vendor (seller) will indemnify the buyer against damages finally awarded by a court against the buyer or any settlement damages agreed to by the vendor (seller) regarding that claim.
39. The liability of each vendor (seller) to their buyers is otherwise limited, for each item purchased, to the vendor (seller)’s earnings from the payment for that item, except to the extent that the vendor (seller)’s liability arises from willful misrepresentations made about the item.
40. Availability: We strive to have Recycle File available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access Recycle File, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Recycle File works. The Recycle File will not be liable to you for any loss you suffer as a result of these things.
41. Third Party: If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party.
42. Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and vendors (sellers) are bound only by the express warranties made in these terms. Our and each vendor (seller)’s liability for breach of a non-excludable consumer guarantee is limited, at our or the vendor (seller)’s option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).
43. Blocking a member, disabling an account or refusing to process a payment. We may block you, terminate any of your Recycle File accounts or refuse to process a payment, including withholding your account balance indefinitely, if we reasonably believe there is a risk associated with you, your Recycle File account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where we suspect the payment is from or to a person or country sanctioned by an authority; or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You warrant that you are not located in a sanctioned country and are not on a sanctioned persons list. You also warrant that you will not purchase items on Recycle File using funds sourced from a sanctioned country. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as a vendor (seller). We may take any of the actions stated in this section without notice and against all of your Recycle File accounts you use on other Recycle File site. If required by law we may forfeit existing deposits or earnings.
44. US-specific controls. Recycle File is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department’s list of Specially Designated Nationals List (SDN list). You must not export or re-export Recycle File items to a U.S. sanctioned country or to anyone on the SDN list.
45. Notices: Any notice you send us must be submitted via a Contact Form. Any notice we send to you will be emailed to your Recycle File account email address.
46. Changes to Recycle File Terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let us know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use Recycle File site after the changes are made, then you will be agreeing to the changes.
47. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
48. Applicable Laws: We control and operate Recycle File from our offices in Seoul, Korea. The laws of Korea govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.