TERMS AND CONDITIONS
To better serve you and to clarify our service, we have drawn up an
agreement of our terms and conditions. In order to use our service, you must
read and accept all of the terms and conditions of this agreement and in the
Privacy Policy. If you do not agree to be bound by the terms after you read
this Agreement, you may not use our service.
1. The Service and Terms
bargainworm.com provides a collection
of online resources, including classified ads and a business directory
(referred to hereafter as "the Service"). The Service is provided by the
bargainworm.com., and is subject to
the following Terms of Use ("Terms"), which may be updated by the
bargainworm.com. from time to time.
The
bargainworm.com will provide notice of
materially significant changes to the Terms by posting notice on the
bargainworm.com homepage. You must be
at least 17 years of age to use this Service. By using the Service in any
way, you are agreeing to comply with these terms.
2. Content You understand that all postings, messages,
text, files, images, photos, video, sounds, or other materials ("Content")
posted on, transmitted through, or linked from the Service, are the sole
responsibility of the person from whom such Content originated. You are
entirely responsible for all Content that you post or email on the Service.
The
bargainworm.com does not control, and
is not responsible for Content made available through the Service. By using
the Service, you may be exposed to Content that is offensive, indecent,
inaccurate, misleading, or otherwise objectionable. Furthermore, the
bargainworm.com site and Content
available through the Service may contain links to other websites. The
bargainworm.com. makes no
representation or warranty as to the accuracy, completeness or authenticity
of the information contained in any such site. Your linking to any other
websites is at your own risk and we recommend that you do so carefully. The
bargainworm.com will not be liable in
any way for any Content or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed or otherwise made available
via the Service. The
bargainworm.com does not pre-screen or
approve Content, but it has the right (but not the obligation) in its sole
discretion to refuse, delete or move any Content that is available via the
Service, for violating the letter or spirit of the Terms or for any other
reason.
3. Copyrights and Trademarks
Content displayed on or through the Service is protected by copyright as a
collective work and/or compilation, pursuant to copyrights laws, and
international conventions.
bargainworm.com and the
bargainworm.com logo, icons and marks
identifying
bargainworm.com products and services
are trademarks of the bargainworm.comand may not be used without the written
consent of the
bargainworm.com . You may not copy,
reproduce, distribute, or create derivative works of the Service without
bargainworm.com' express written
authorization. You may not reverse engineer, decompile, alter, modify,
disassemble, or otherwise attempt to derive source code from the Service.
The
bargainworm.com respects the
intellectual property of others and we require that our users do the same.
You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information that you do not have
legal authorization to use.
4. Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please notify the
bargainworm.com agent for notice of
claims of copyright or other intellectual property infringement ("Agent") by
clicking
HERE . Please provide our Agent with
the following Notice:
- Identify the copyrighted work or other intellectual property that you
claim has been infringed;
- Identify the material on the
bargainworm.com site that you claim
is infringing, with enough detail so that we may locate it on the website;
- A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (a) the
above information in your Notice is accurate, and (b) that you are the
owner of the copyright interest involved or that you are authorized to act
on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
The
bargainworm.com will remove the
infringing posting(s), subject to the the procedures outlined in the Digital
Millennium Copyright Act (DMCA).
5. Privacy and Information Disclosure
Please review our Privacy Policy. Your use of the
bargainworm.com website or the Service
signifies acknowledgement of and agreement to our Privacy Policy.
6 . Conduct
You agree not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory,
pornographic, libelous, invasive of another's privacy, or harms minors in
any way;
- that harasses, degrades, intimidates or is hateful toward an individual
or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;
- that impersonates any person or entity, including, but not limited to,
an
bargainworm.com. employee, or falsely states or otherwise misrepresents
your affiliation with a person or entity;
- that includes personal or identifying information about another person
without that person's explicit consent.
- that is false, deceptive, misleading, deceitful, or misinformative.
- that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary
relationships.
- that constitutes or contains "affiliate marketing," "link referral
code," "junk mail," "spam," "chain letters," "pyramid schemes," or
unsolicited commercial advertisement.
- that constitutes or contains any form of advertising or solicitation if
(1) posted in areas of the
bargainworm.com sites which are not
designated for such purposes; or (2) emailed to
bargainworm.com users who have
requested not to be contacted about other services, products or commercial
interests.
- that includes links to commercial services or web sites, except as
allowed in "services".
- that advertises any illegal services or the sale of any items the sale
of which is prohibited or restricted by applicable law, including without
limitation items the sale of which is prohibited or regulated by California
law.
- that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive number of
messages to the Service, or that otherwise negatively affects other users'
ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.
7 . No Spam Policy
You understand and agree that sending unsolicited email advertisements to
bargainworm.com email addresses or
through
bargainworm.com computer systems, which
is expressly prohibited by these Terms, will use or cause to be used servers
located in
California. Any unauthorized use of
bargainworm.com computer systems is a
violation of these Terms and certain federal and state laws, including without
limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.),
Section
502 of the California Penal Code and Section 17538.45
of the California Business and Professions Code. Such violations may
subject the sender and his or her agents to civil and criminal penalties.
8 . Limitations on Service
You acknowledge that the
bargainworm.com may establish limits
concerning use of the Service, including the maximum number of days that
Content will be retained by the Service, the maximum number and size of
postings, email messages, or other Content that may be transmitted or stored
by the Service, and the frequency with which you may access the Service. You
agree that the
bargainworm.com has no responsibility
or liability for the deletion or failure to store any Content maintained or
transmitted by the Service. You acknowledge that the
bargainworm.com reserves the right at
any time to modify or discontinue the Service (or any part thereof) with or
without notice, and that
bargainworm.com shall not be liable to
you or to any third party for any modification, suspension or discontinuance
of the Service.
9 . Termination of Service
You agree that the
bargainworm.com in its sole discretion,
has the right (but not the obligation) to delete or deactivate your account,
block your email or IP address, or otherwise terminate your access to or use
of the Service (or any part thereof), immediately and without notice, and
remove and discard any Content within the Service, for any reason, including,
without limitation, if the
bargainworm.com believes that you have
violated these Terms. Further, you agree that the
bargainworm.com shall not be liable to
you or any third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said termination.
10 . Dealings with Organizations and Individuals
Your interactions with organizations and/or individuals found on or through
the Service, including payment and delivery of goods or services, and any
other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such organizations and/or individuals.
You agree that the
bargainworm.com shall not be
responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings. If there is a dispute between participants on
this site, or between users and any third party, you understand and agree that
the
bargainworm.com is under no obligation
to become involved. In the event that you have a dispute with one or more
other users, you hereby release the
bargainworm.com , its officers,
employees, agents and successors in rights from claims, demands and damages
(actual and consequential) of every kind or nature, known or unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way related to such disputes and / or our service. If you are a California
resident, you waive California Civil Code Section 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 of executing the release, which, if known by
him must have materially affected his settlement with the debtor."
11 . Disclaimer of Warranties
YOU AGREE THAT USE OF THE
Bargainworm.com SITE AND THE SERVICE IS
ENTIRELY AT YOUR OWN RISK, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY
LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,
Bargainworm.com DIS CLAI MS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND
PERFORMANCE OF THE
Bargainworm.com SITE AND THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW,
Bargainworm.com DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
Bargainworm.com SITE OR THE SITES OR
SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE
Bargainworm.com SITE. TO THE FULLEST
EXTENT PERMITTED BY LAW, THE
Bargainworm.com DISCLAIMS ANY
WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE
Bargainworm.com SITE OR THE SERVICE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such
jurisdictions, some of the foregoing disclaimers may not apply to you insofar
as they relate to implied warranties.
12 . Limitations of Liability
IN NO EVENT SHALL THE Bargainworm.com
BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EX EMP
LARY DAMA GES , RESULTING FROM ANY ASPECT OF YOUR USE OF THE
Bargainworm.com SITE OR THE SERV ICE,
WH ETH ER THE DAMA GES ARIS E FROM USE OR MISUSE OF THE
Bargainworm.com SITE OR THE SERV ICE,
FROM INAB ILI TY TO USE THE
Bargainworm.com SITE OR THE SERV ICE,
OR THE INTERRUPTION, SUSPENSION, MODI FIC ATION, ALTERATION, OR TERMINATION OF
THE
Bargainworm.com SITE OR THE SERVICE.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF
OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH
THE
Bargainworm.com SITE OR THE SERVICE OR
ANY LINKS ON THE
Bargainworm.com SITE, AS WELL AS BY
REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE
Bargainworm.com SITE OR THE SERVICE OR
ANY LINKS ON THE
Bargainworm.com SITE. THESE
LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some
jurisdiction, limitations of liability are not permitted. In such
jurisdictions, some of the foregoing limitation may not apply to you.
13 . Indemnity
You agree to indemnify and hold the
Bargainworm.com site , its officers,
subsidiaries, affiliates, successors, assigns, directors, officers, agents,
service providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party
due to or arising out of Content you submit, post or make available through
the Service, your use of the Service, your violation of the Terms, your breach
of any of the representations and warranties herein, or your violation of any
rights of another.
14 . General Information
The Terms and the relationship between you and thebargainworm.comshall be
governed by the laws of the State of California without regard to its conflict
of law provisions. You and the
bargainworm.com agree to submit to the
personal and exclusive jurisdiction of the courts located within the county of
Alameda, California. The failure of the
bargainworm.com to exercise or enforce
any right or provision of the Terms shall not constitute a waiver of such
right or provision. If any provision of the Terms is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the Terms remain in full force
and effect.
15 . Violations of Terms
Please report any known violations of the Terms, by clicking
HERE .
|