Our Silver Platter
User Agreement
This User Agreement below is for all users effective September 20, 2008.
The following describes the terms on which Our Silver Platter (OSP) offers you access to our services.
Welcome to the User Agreement for OSP.com, Inc. This agreement describes the terms and conditions applicable to your use of our serices available under the domain and subs-domains of www.oursilverplatter.com and the general principles for the websites of our subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of OSP. We strongly recommend that , after you read this User Agreement, you also access and read other pertinent pages of the OSP web site, as they may contain further items and conditions that apply to you if you choose to use OSP.
We may amend this Agreement at any time by posting the amended terms on our site.
1.0
OSP is a Venue.
OSP is not an employment agency. OSP acts as a venue or “online billboard” to allow anyone to buy and sell domestic services. We are not involved in the actual transaction between buyers and sellers. Because of this, we have no control over the quality, safety or legality of the services advertised, the truth or accuracy of the listings, the ability of the sellers to sell services or the ability of buyers to buy services. We cannot ensure that a buyer or seller will actually complete a transaction.
1.1
Release
Because OPS is a venue, not an employment agency, in the event that you have a dispute with one or more of the OSP members or users, you release OSP( and all our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (both actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected and disclosed and undisclosed arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542 which says,”A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time or executing the release, which if known by him must have materially affected his settlement with the debtor.”
1.2
Information Control
We do not control the information provided by other OSP members and users that is made available through our system. You may find other members’ information to be offensive, harmful, inaccurate or deceptive. Please use caution, common sense and your best judgment when you use the OSP site. Please practice safe buying, selling, booking and communication when using the OSP site. Please note that there are risks of dealing with underage persons or people acting under false pretense. Additionally there may also be risks dealing with international trade and foreign nationals. By using the OSP site, you agree to accept such risks and that OSP is not responsible for the acts or omissions of users on the site.
1.3
Fraud
Without limiting any other remedies, OSP may suspend or terminate your account and or membership if we suspect that you (by conviction, settlement, insurance or escrow investigation or otherwise) have engaged in fraudulent activity, misrepresentation or falsehoods in connection with this site.
1.4
Feedback Integrity
Feedback is what makes OSP a positive place to be. You may not take any actions that undermine the integrity of the OSP feedback system. If you engage in practices such as but not limited to libel, slander, foul language threats and or threatening language, we reserve the right to remove you from our site. We reserve the right to remove or edit feedback that, at our discretion is, offensive, dangerous or deceptive. If OSP determines that any user has used the feedback system to threaten, blackmail harass or to extort money or services from clients the offending user will be terminated from the system. Please be respectful when using the feedback system.
1.5
Feedback Export
You acknowledge that your feedback consists of comments left by other members and users and that a composite feedback number compiled by OSP without the comments does not constitute the total picture of your user profile with OSP. You understand and acknowledge that your user profile with composite rating is only used to facilitate booking between sellers and buyers. Because of this, you agree that your OSP feedback rating shall not be exported to other websites.
1.6
Feedback Import
We do not provide the technical ability to import feedback from other websites.
2.0
Limitation of Liability
Under no circumstances, including but not limited to, negligence, shall OSP be liable for any direct, indirect, special , incidental or consequential damages including, but not limited to, loss or profit, arising out of the use,o r the inability to use, the materials on this site even if an OSP representative has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
3.0
Indemnity
You agree to indemnify and hold us (as applicable), our parent, subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or rights of a third party.
4.0
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase solicitation of offers to purchase, and sale of domestic services.
5.0
No Agency
You and OSP are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
6.0
Notices
Notices are mailed to 2207 Concord Pike #183 Wilmington, DE 19803
7.0
Arbitration
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by OSP to collect our fees and or recover damages for, or obtain an injunction relating to the OSP site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules ofo the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Wilmington, Delaware and judgement on the arbitration award may be entered into any court having jurisdiction thereof. Either you or OSP may seek an interim or preliminary relief from a court of competent jurisdiction in Wilmington, Delaware necessary to protect the rights or property of you or OSP pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
8.0
Service Provider
OSP has the explicit right to suspend and or remove any OSP member or user from the OSP web site at any time as circumstances warrant.
8.1
Manipulation of System
OSP has the explicit right to suspend or permanently de-activate the membership of anyone who falsifies bookings and/or client information.
8.2
No-Shows
OSP has the explicit right to cancel the membership of anyone who has been a “no-show” for one or more OSP bookings.
8.3
Posting of Contact Information
You shall not post contact information (to include addresses, phone numbers, website URL links and addresses and e-mail links and addresses ) in your anecdotal information section. OSP has the explicit right to cancel the membership of any user who does so.
8.4
Farming of Client Leads
The act of “farming out client needs” is not permitted. OSP defines farming out of client leads as “to give up (as an estate or a business) to another on condition of receiving in return a fixed sum”. This means that OSP service providers are strictly prohibited from taking client leads provided to them and transferring these client leads to non-OSP service providers or entities. If OSP discovers that a member is doing this, OSP has the right to suspend or terminate membership and from use of the OSP website.
8.5
Members’ Personal Profiles
OSP is committed to providing our members and users with a secure and comfortable environment. Nude, obscene, sexual , or otherwise offensive commentary or photos are strictly prohibited. OSP reserves the right to crop or reject any photo at our discretion.
8.6
Cancellations
If a service provider cancels more than 14 days prior to the event, OSP will return the booking fee. Client cannot post feedback.
If a service provider cancels within 14 days of the event, OSP will return the booking fee. Client may post feedback.
If a client cancels within 14 days prior to the event, OSP will return the booking fee. Service Provider cannot post feedback.
If a client cancels within 14 days of the event, OSP will return the booking fee. Service Provider may post feedback.
8.7
Disclosures
The services hereunder and offered by OSP.com, located at 2207 Concord Pike #183 Wilmington, DE 19803.
8.8
Your email address
OSP will not sell or rent your email address to non-members. By agreeing to use OSP, you agree to receive newsletters and notifications from oursilverplatter.com. For more information on these newsletters and notifications (including how to opt out), please see the "privacy policy" tab.
