TERMS OF USE

Last revised on 5/23/2018

1.      Acceptance of Terms of Use Agreement. 

These terms of use are entered into by and between you and Barter and Be (“Company”, “we” or “us”). The following terms and conditions (these “Terms of Use”) govern your access to and use of www.barterandbe.com (including any mobile sites, and mobile applications, content, functionality, and services offered on or through www.barterandbe.com, the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

We may make changes to these Terms of Use and to the Website from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Website or via email. If you continue to use the Website after the changes become effective, then you agree to the revised Terms of Use.

 

2.     Geographic Restrictions  

The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

3.     Eligibility.

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

 

4.    Your Account.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Barter and Be, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact barterandbe@gmail.com.

 

5.     Modifying the Services and Termination.

Barter and Be is always striving to improve the Website and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Website entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by emailing barterandbe@gmail.com. The Company may terminate your account at any time without notice if it believes that you have violated these Terms of Use 

 

6.     Safety; Your Interactions with Other Users.

Though the Company strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off of the Website. You agree to use caution in all interactions with other users. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. 

 

7.     Rights Barter and Be Grants You.

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Company grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Website. Therefore, you agree not to:

-      use the Website or any content contained in the Website for any commercial purposes without our written consent;

-      copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Website without the Company’s prior written consent;

-      express or imply that any statements you make are endorsed by the Company;

-      use the Website in any way that could interfere with, disrupt or negatively affect the Website or the servers or networks connected to the Website;

-      upload viruses or other malicious code or otherwise compromise the security of the Website;

-      forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website;

-      “frame” or “mirror” any part of the Website without the Company’s prior written authorization;

-      use meta tags or code or other devices containing any reference to the Company or the Website (or any trademark, trade name, service mark, logo or slogan of Barter and Be) to direct any person to any other website for any purpose;

-      modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website, or cause others to do so;

-      use or develop any third-party applications that interact with the Website or other users’ content or information without our written consent.

-      use, access, or publish the Company’s application programming interface without our written consent;

-      probe, scan or test the vulnerability of the Website or any system or network; and

-      encourage or promote any activity that violates these Terms of Use.

The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Website, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

 

8.    Rights you Grant Barter and Be.

By creating an account, you grant to Barter and Be a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from social media platforms such as Instagram, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Website or transmit to other users (collectively, “Content”). Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Website and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Website may be viewed by other users and may be viewed by any person visiting or participating in the Website (such as individuals who may receive shared Content from other Barter and Be users).

You agree that all information that you submit upon creation of your account, including information submitted from your social media accounts, is accurate and truthful and you have the right to post the Content on the Website and grant the license to the Company above. You understand and acknowledge that you are responsible for any information that you submit or contribute, and you, not the Company, have fully responsibility for such Content, including its legality, reliability, accuracy, and appropriateness.

You understand and agree that we may monitor or review any Content you post as part of a Website. We may delete any Content, in whole or in part, that in our sole judgment violates these Terms of Use or may harm the reputation of the Website.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

In consideration for the Company allowing you to use the Website, you agree that we, our affiliates, and our third-party partners may place advertising on the Website. By submitting suggestions or feedback to the Company regarding the Website, you agree that the Company may use and share such feedback for any purpose without compensating you.

You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Terms of Use; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

 

9.     Community Rules. 

By using the Website, you agree that you will not:

-       use the Website for any purpose that is illegal or prohibited by these Terms of Use;

-       spam, solicit money from or defraud any users;

-       impersonate any person or entity or post any images of another person without his or her permission;

-       bully, “stalk,” intimidate, harass or defame any person;

-       post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right;

-       post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;

-       post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

-       solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;

-       use another user’s account; and

-       create another account if we have already terminated your account, unless you have our permission.

The Company reserves the right to investigate and/ or terminate your account if you have misused the Website or behaved in a way that the Company regards as inappropriate or unlawful, including actions or communications that occur off the Website but involve users you meet through the Website.

 

10.  Other Users’ Content.

Although the Company reserves the right to review and remove Content that violates these Terms of Use, such Content is the sole responsibility of the user who posts it, and the Company cannot guarantee that all Content will comply with these Terms of Use. If you see Content on the Website that violates these Terms of Use, please report it to barterandbe@gmail.com.

 

11.  Notice and Procedure for Making Claims of Copyright Infringement.

If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent (see below) with the following information:

-       an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

-       a description of the copyrighted work that you claim has been infringed;

-       a description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable us to find the alleged infringing material);

-       your contact information, including address, telephone number and email address;

-       a written 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; and

-       a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Company will terminate the accounts of repeat infringers.

The Company’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

Barter and Be

[barterandbe@gmail.com]

 

12.  Disclaimers.

THE COMPANY PROVIDES THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE WEBSITE WILL BE ACCURATE.

THE COMPANY TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

 

13.  Third Party Services.

The Website may contain advertisements and promotions offered by third parties and links to other web sites or resources. The Company is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Website, such party’s terms will govern their relationship with you. The Company is not responsible or liable for such third parties’ terms or actions.

 

14.  Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE WEBSITE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE WEBSITE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE WEBSITE WHILE YOU HAVE AN ACCOUNT.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

 

15.  Arbitration, Class-Action Waiver, and Jury Waiver.

The exclusive means of resolving any dispute or claim arising out of or relating to this these Terms of Use (including any alleged breach thereof) or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. You may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.

By using the Website in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the ability to arbitrate the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. 

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company may be commenced only in the federal or state courts located in Los Angeles, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

These Terms of Use, and any dispute between you and the Company, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

 

16.  Governing Law.

The laws of California, U.S.A., excluding California's conflict of laws rules, will apply to any disputes arising out of or relating to these Terms of Use or the Website. For the avoidance of doubt, the choice of California governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.

 

17.  Venue.

All claims arising out of or relating to these Terms of Use or the Website will be litigated exclusively in the federal or state courts of Los Angeles County, California, U.S.A., and you and the Company consent to personal jurisdiction in those courts.

 

18.  Indemnity by You.

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless the Company, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Website, your Content, or your breach of these Terms of Use.

 

19.  Entire Agreement; Other.

These Terms of Use and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Website (the “Agreement”), contains the entire agreement between you and the Company regarding the use of the Website. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Barter and Be account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.

 

20.  GDPR: 

We’ve updated our terms and internal processes to take into account new standards imposed by the European data protection law known as the General Data Protection Regulation (GDPR). Effective May 25, 2018, this regulation gives individuals in the EU more control over their personal data and regulates businesses that store personal data.