ACCEPTANCE OF TERMS AND CONDITIONS
Welcome to Bargaincrowd.com, an online deals information provider. By using this Site you consent and agree to the terms and conditions contained in this Agreement. These terms and conditions ("Agreement") applies to use of the bargaincrow.com website located athttp://www.bargaincrowd.com(the "Site"). The Site is the property of bargaincrowd.com ("bargaincrowd", "we", "our", "us", etc.). By using bargaincrowd you agree to be legally bound by these terms, which shall take effect immediately on your first use of bargaincrowd.com. If you do not agree to be legally bound by all the following terms please refrain from using the site.
Terms of Use
1. General
The Site is provided you (merchants) customers to buy your deal through our featured content and interactive forums on the World Wide Web.
Please read these Terms and Conditions carefully. These Terms and Conditions include our policy for acceptable use of the Site and content posted on the Site, your rights, obligations and restrictions regarding your use of the Site and the Site's Privacy Policy found here
By accessing this Site, you accept, without limitation or qualification, the following Terms and Conditions. You are only authorized to use the Site and its services if you agree to abide by all applicable laws and to these Terms and Conditions. If you do NOT accept the Terms and Conditions, then please discontinue your use of the Site.
2. Modified Terms
We may modify these Terms and Conditions from time to time and such modification shall be effective upon posting on the Site. You agree to be bound to any changes to these Terms and Conditions when you use the Site after any such modification is posted. Is it important that you review these Terms and conditions regularly to ensure you are updated as to any changes made. These Terms and Conditions constitute the entire agreement regarding your use of the Site and the services it offers and supersede any such prior terms.
Without limiting any other provisions of this Agreement, you may not use this Site for any purpose that is unlawful or prohibited by this Agreement and/or any applicable additional terms. Your access to this Site may be terminated immediately in our sole discretion, with or without notice, if you fail to comply with any provision of this agreement and/or additional terms, or for any other reason, or no reason. You expressly agree not to:
- Use this Site or its contents for any commercial purpose;
- Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure; and
- "frame," "mirror" or otherwise incorporate any part of this Site into any other website without our prior written permission.
3. Equipment
End user shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this site and all charges related thereto. Bargaincrowd shall not be liable for any damages to the end user‘s equipment resulting from the use of this site.
4. Copyright and Trademark
All text, images, graphics, user interfaces, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is the property of bargaincrowd.com or its content suppliers and protected by United States and international copyright laws, and various other intellectual property rights laws. No part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without bargaincrowd's prior express written consent. Bargaincrowd.com expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site. Bargaincrowd is a United States registered trademark of Bargaincrowd. Bargaincrowd trademarks may not be used in connection with any product or service that is not the property of bargaincrowd, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits bargaincrowd. You may not use any bargaincrowd.com logo or other proprietary graphic or trademark as part of the link without express written permission. All other trademarks and registered trademarks mentioned on this Site are properties of their respective owners.
5. Privacy and Information Disclosure
Please review our Privacy Policy. Your use of the bargaincrowd website or the Service signifies acknowledgement of and agreement to our Privacy Policy.
6. Copyright policy
Bargaincrowd reserves the right to terminate its agreement with any end user who repeatedly infringes third-party copyright rights upon prompt notification to bargaincrowd by the copyright owner or the copyright owner‘s legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the site or ay microsite in a way that constitutes copyright infringement.
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/ or e-mail address.
E. A statement that you have a good faith belief that use of the material, in the manner complained, of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
7. Trademarks
Bargaincrowd is trademark of bargaincrowd.com. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on bargaincrowd are the property of their respective owners.
8 . End User 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, a bargaincrowd 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 bargaincrowd sites which are not designated for such purposes; or (2) emailed to bargaincrowd 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.
- 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.
9. License grant
By posting communications on or through this site or any micro site, end user shall be deemed to have granted to bargaincrowd a royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such tights through multiple tiers of sub licensees.
10. Indemnity
You agree to indemnify and hold us, and our subsidiaries, affiliates, directors, officers, agents, vendors or other partners and employees harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of any material or information posted, provided, transmitted or otherwise made available by you on the Site or through the Site's services, or by your violation of these Terms and Conditions, or by your violation of the rights of another.
11 . Termination of Service
You agree that the bargaincrowd 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 bargaincrowd believes that you have violated these Terms. Further, you agree that the bargaincrowd 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.
12 . Limitations on Service
You acknowledge that the bargaincrowd 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 bargaincrowd has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that the bargaincrowd reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that bargaincrowd shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. Limitation of liability
IN NO EVENT SHALL BARGAINCROWD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL BARGAINCROWD‘S LIABILITY IN CONNECTION WITH A BARGAINCROWD EXCEED THE AMOUNTS PAID FOR SUCH BARGAINCROWD, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
14. Disclaimer
YOU AGREE THAT USE OF THE BARGAINCROWD 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, BARGAINCROWD DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE BARGAINCROWD SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, BARGAINCROWD DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BARGAINCROWD SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE BARGAINCROWD SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE BARGAINCROWD DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE BARGAINCROWD 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.










