1. Baratar website
A. These Terms of Service apply to all users of the Baratar Website, including users who are also contributors of content, information, and other materials or services on the Website. The Baratar Website includes all aspects of Baratar, including but not limited to Points (called "Baratars"), the Escrow, and the barter engine.
B. The Baratar website may contain links to third party websites that are not owned or controlled by Baratar. Baratar has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Baratar will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Baratar from any and all liability arising from your use of any third-party website.
A. In order to access some features of the Website, you will have to create a Baratar account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. In order to become a verified member with full access to all of the Baratar's features you must activate your account using the link sent to the email address you provided. Failure to do so will not allow you to become an active member; you will be restricted on use under the guest status. No user is allowed to have more than one verified account at any time. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Baratar immediately of any breach of security or unauthorized use of your account.
B. Although Baratar will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Baratar or others due to such unauthorized use.
3. General Use of the Website -- Permissions and Restrictions
Baratar hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Baratar's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to Baratar's trade engine or any of its related technologies.
C. You agree not to access User Submissions (defined below) or Baratar Content through any technology or means other than the trading pages of the Website itself, the Baratar trading engine, or other explicitly authorized means Baratar may designate.
D. You agree not to use the Website, including the Baratar trading engine for any commercial use, without the prior written authorization of Baratar. Prohibited commercial uses include any of the following actions taken without Baratar's express approval:
- sale of access to the Website or its related services (such as the link exchange) on another website;
- use of the Website or its related services (such as the trading platform), for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the Baratar's website or any third-party website, targeted to the content of specific User Submissions or Baratar content;
- and any use of the Website or its related services (such as the trading platform) that Baratar finds, in its sole discretion, to use Baratar's resources or User Submissions with the effect of competing with or displacing the market for Baratar, Baratar content, or its User Submissions.
E. Prohibited commercial uses do not include:
Uploading an original Ad to Baratar, or maintaining an original Ad on Baratar, to promote your business or artistic enterprise;
Using the trading engine to show Baratar's Ads on an ad-enabled blog or website, provided the primary purpose of using the trading engine is not to gain advertising revenue or compete with Baratar;
Any use that Baratar's expressly authorizes in writing.
F. If you use the Baratar trading engine on your website, you must include a prominent link back to the Baratar website on the pages containing the trading engine and you may not modify, build upon, or block any portion of the Trading engine in any way.
G. If you use the Baratar Messaging, you agree that it may automatically record and store the details of communication from time to time from Baratar. These recorded and stored messages are designed to improve, enhance and further develop the Trading engine and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Baratar to deliver these to you) as part of your use of the Messaging.
H. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Baratar's servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Baratar grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Baratar reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, chat, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
I. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, Baratar's Community Guidelines, and all applicable local, national, and international laws and regulations.
J. Baratar reserves the right to discontinue any aspect of the Baratar's Website at any time.
4. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Baratar Website.
A. The content on the Baratar Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Baratar, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Baratar reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
- for your information and personal use;
- as intended through the normal functionality of the Baratar Service;
- and for Trading.
"Trading" means a contemporaneous exchange of goods via the Internet from the Baratar Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Submissions for any purpose or in any manner other than Trading is expressly prohibited. User Submissions are made available "as is."
C. User Comments in Baratar Messaging services are made available to you for your information and personal use solely as intended through the normal functionality of the Baratar Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Baratar Service or otherwise as prohibited under this Agreement.
D. You may access Baratar Content, User Submissions and other content only as permitted under this Agreement. Baratar reserves all rights not expressly granted in and to the Baratar Content and the Baratar Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Baratar Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Baratar Website or the Content therein.
G. You understand that when using the Baratar Website, you will be exposed to User Submissions from a variety of sources, and that Baratar is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Baratar with respect thereto, and agree to indemnify and hold Baratar, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
5. Your User Submissions and Conduct
A. As a Baratar account holder you may submit trading content ("User Trades", "User Swaps, "User Exchanges" or "User Wishes") and textual content ("User Messages"). User Trades, User Swaps, User Exchanges, User Wishes and User Messages are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Baratar does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Baratar to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Baratar, you hereby grant Baratar a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Baratar Website and Baratar's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Baratar Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Baratar Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Swaps and/or User Wishes terminate within a commercially reasonable time after you remove or delete your User Swaps and/or User Wishes from the Baratar Service. You understand and agree, however, that Baratar may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Messages are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary 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 Baratar all of the license rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Baratar.
F. Baratar does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Baratar expressly disclaims any and all liability in connection with User Submissions.
Baratar does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Baratar will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Baratar reserves the right to remove Content and User Submissions without prior notice.
6. Account Termination Policy
A. Baratar will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. Baratar reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Baratar may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE BARATAR WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BARATAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BARATAR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BARATAR WEBSITE. BARATAR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BARATAR WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BARATAR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL BARATAR INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BARATAR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BARATAR SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Baratar Team – May 2020
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