1. Eligibility. You must be 18 years of age or older to enter this Site and/or download any of the content available on the Site on your own. If you are under the age of 18, please exit the Site. Thebartertown.net, Inc., reserves the right to ask for proof of age and to withhold or terminate your membership if you are below the specified age requirement. Registration or membership with the Site is void in any jurisdiction where prohibited. You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. CHANGES TO SITE AND/OR TERMS AND CONDITIONS OF SERVICE. thebartertown.net, Inc. reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site or this Agreement, in whole or in part, at any time. Changes to this Agreement will be effective when posted. Thebartertown.net, Inc. will notify all users by way of announcement on the Site, if and when changes are made. You agree to review this Agreement periodically to be aware of any changes. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. You also hereby consent to the exchange of information and documents between us electronically over the Internet or by e-mail and accept the risks including security and privacy risks from internet and e-mail communications.
3. Modifications to Site and/or Services. thebartertown.net, Inc. reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any service offered through the Site (or any part thereof) with or without notice. You agree that thebartertown.net, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any service offered through the Site.
4. Non-commercial Use. Unless specifically agreed to by thebartertown.net, Inc. in writing on a case by case basis, in thebartertown.net, Inc.’s sole discretion, members may only use the Site for personal use and not in connection with any commercial endeavors.
6. Account Security. You will be responsible for creating and maintaining the confidentiality of your user name and password. You are responsible for all activity occurring under your account. You agree that you will (i) immediately notify thebartertown.net, Inc. of any unauthorized use of your user name or password and (ii) ensure that you properly exit any services and/or the Site at the completion of your session. thebartertown.net, Inc. shall have no liability for any loss or damage arising from your account or your failure to comply with these requirements.
7. Registration Accuracy. In consideration of your use of the Site you agree to: (1) provide true, accurate, current and complete information about yourself in responding to and completing the Site’s registration form (the “Registration Information”); and (2) keep the Registration Information true, accurate, current and complete by maintaining and promptly updating it. If you provide any information that is untrue, inaccurate, not current or incomplete or thebartertown.net, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, thebartertown.net, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
8. Use by Children. In the event that you wish to provide your child or a child under your care and supervision access or use of the Site or services thereunder, you hereby agree to accept full responsibility for any and all consequences of your child using the Site. You shall monitor and/or supervise such child’s activities. In no event shall thebartertown.net, Inc. be responsible for any and all consequences of such child’s actions as it impacts the child or any third parties.
9. OWNERSHIP AND INTELLECTUAL PROPERTY. Any and all materials thebartertown.net, Inc. furnishes through the Site are the sole property of thebartertown.net, Inc. and are protected to the fullest extent possible by copyright, trademark and other intellectual property laws. You may use such materials as provided herein but are strictly prohibited from copying, reproducing, retransmitting, distributing, publishing, commercially exploiting, or otherwise transferring any such materials in any format or medium whatsoever. The content and materials furnished and otherwise made available by other users and subscribers are provided to you for use as provided herein. If you wish to redistribute such content in any manner outside the normal operation of the Site, you bear sole responsibility to obtain permission from the user or subscriber who posted it.
10. User Submitted Content.
a. By posting or otherwise submitting lessons, materials, and/or any other content, you hereby acknowledge and agree that you are solely responsible for any consequences resulting therefrom. By submitting or otherwise making available content or materials on or through the Site, you represent that you are the owner of such content or materials, that you have complete unfettered rights to distribute, share or, otherwise make such content or materials available, and in the alternative, have express consent or a license from the owner of such content or materials to do so.
b. thebartertown.net, Inc. reserves the absolute right, which you acknowledge, to delete, move, or edit any postings, video, and/or any other content or materials at its sole discretion, that it deems, in its sole discretion, unacceptable or inappropriate, for whatever reason.
c. By posting or otherwise submitting lessons, materials, and/or any other content to any area of the Site (“Submission”), you automatically and irrevocably grant to thebartertown.net, Inc. a worldwide royalty free license in perpetuity (“Term”) to use, perform, copy transmit, reproduce, exhibit, distribute, market, publicize, advertise, display, make derivative works, and otherwise exploit (collectively “Exploit”) the Submission(s), via all media now known or hereafter devised, including but not limited to the Internet and other online (wired or wireless) and/or computer facilitated media, throughout the universe (the “Territory”), and in all areas of the Site, through transmission, downloading, streaming, copying, caching or otherwise transmitting or broadcasting the Submission or any portion thereof through the Site and its components. You grant thebartertown.net, Inc. the right, for an unlimited number of times and on an ongoing and continuous basis, to Exploit excerpts, clips, and/or snippets of the Submission(s) either with or without additional text, sounds, and/or graphics to produce advertisements that promote the Submission(s), thebartertown.net, Inc. and the Site, including but not limited to, trailers, web banners, print advertisements, television advertisements, theatrical motion picture advertisements, radio advertisements and other offline advertisements, audio/visual commercials, animations, links, frames, and/or other means for delivering commercial content (collectively the “Advertisements”) for use in the Territory, and to attach commercial and advertising messages and/or content to the Submissions or any part thereof, including but not limited to transmission, broadcast, streaming, or telecast before, during, or after the exhibition of and/or bordering the Submission(s). You grant thebartertown.net, Inc. the right to alter, edit and/or change the Submission(s) to satisfy any and all exhibition requirements, including but not limited to, length and format restrictions, exhibition requirements, and censorship restrictions, for any part of the Territory.
11. Compliance with Law. Any use of the Site including but not limited to posting, distributing, or otherwise making available any content or materials (including but not limited to text, graphics, video, software programs or audio) must be lawful and you expressly agree to avoid any use that is potentially or actually unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or judicial ruling. You shall not post content or materials that generally contain advertising or any form of commercial solicitation. You shall not falsely claim to be or represent any third parties including but not limited to thebartertown.net, Inc. personnel or another user or subscriber.
12. Reliance on Content, Lessons, Etc. You agree and acknowledge that the opinions, advice, statements, lessons, or any and all other information or content made by users, members or subscribers and/or not directly by thebartertown.net, Inc., that are available through the Site, are solely the responsibility of their respective authors, and that you shall use reasonable care and shall bear sole responsibility in choosing to or choosing not to act or rely upon them. You agree and acknowledge that thebartertown.net, Inc. does not in any way guarantee that any content offered through the Site is error free or suited for any purposes. thebartertown.net, Inc. does not in any way adopt or endorse the opinions, viewpoints, or statements made by any members of the Site.
13. Member to Member Conduct, Communications, Interaction. You understand that there is no screening process, background checks, or verification process employed by thebartertown.net, Inc. or the Site for any users or members or any content associated with any users or members. thebartertown.net, Inc. is not responsible for any content produced by any users or members, including but not limited to posts, tutor sessions, and/or lessons, as it appears on the Site. You are responsible for any communications and/or arrangements made between you and any other member of the Site, including but not limited to contracts entered into between you and other members.
As the Site is accessible through the Internet, you agree that you will take any and all reasonable precautions in all interactions on or through the Site as well with other Members that are scheduled for meetings offline or in person. You are solely responsible for your interactions with other Members. You understand that thebartertown.net, Inc. makes no representations, guarantees, or warranties regarding the nature or quality of any interaction between you and other members. thebartertown.net, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members. In no event shall thebartertown.net, Inc. be liable for any damages whatsoever arising out of or relating to the conduct of you or anyone else in connection with the use of the Site. By using the Site, you understand that you may interact with content that you may consider offensive. You understand that thebartertown.net, Inc. has no obligation to monitor any information, posted by any users.
14. TERMINATION. You understand and agree that thebartertown.net, Inc. may, in its sole discretion and at any time, terminate your password, or any content posted or submitted by you to the Site or any service, for any reason. thebartertown.net, Inc. may also, in its sole discretion and at any time, discontinue any service or limit or restrict any user’s access thereto, for any reason. You understand and agree that thebartertown.net, Inc. may take any one or more of these actions without prior notice to you. Should thebartertown.net, Inc. take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including your registration information and submitted content. You understand and agree that thebartertown.net, Inc. shall not have any liability to you or any other person for any termination of your access to any service and/or the removal of information concerning your account.
You agree not to use or attempt to use the Site, for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person. Improper uses include, but are not limited to:
a. The violation of any applicable law or regulation;
b. The posting or transmission of materials and/or content that you do not have the right or authorization to post or transmit;
c. The posting or transmission materials and/or content that infringes a third party’s trademark, patent, trade secret, copyright, publicity, privacy, or other right;
d. Posting or transmitting content that is in thebartertown.net, Inc.’s sole discretion and judgment is considered unlawful, defamatory, infringing, libelous, slanderous, indecent, improper, offensive, in bad taste, inconsistent or disparaging to thebartertown.net, Inc.’s, its trade name, and public image;
e. Attempting to intercept, collect or store data about third parties without their knowledge or consent;
f. Deleting, tampering with or revising any material posted by any other person or entity;
g. Accessing, tampering with or using non-public areas of the Site or any thebartertown.net, Inc. website or thebartertown.net, Inc.’s computer systems and network;
h. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
i. Attempting to access or search the Site with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third party web browser;
j. Sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or services, “pyramid schemes”, “spam”, “chain mail” or “junk mail”;
k. Using or attempting to use the Site to send altered, deceptive or false source-identifying information;
l. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site;
m. Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a “virus” to the Site or any other user, overloading, “flooding,” “spamming,” “crashing,” or “mail bombing” the Site; or
n. Impersonating or misrepresenting your affiliation with any person or entity.
15. LINKED SITES. thebartertown.net, Inc. is not necessarily affiliated with Web sites which may be linked to or from the Site (the “Linked Sites”) and is not responsible for their content. Links from the Site to the Linked Sites are for your convenience only and you access them at your own risk.
16. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. ALL SERVICES PROVIDED THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO CALENDERING, MESSAGING, AND PERSONAL WEB PAGES, ARE ON ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. thebartertown.net, Inc. DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT, OR SERVICE FURNISHED BY IT UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. thebartertown.net, Inc. DOES NOT GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES PROVIDED THROUGH THIS SITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL MATERIALS. thebartertown.net, Inc. DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES OFFERED THROUGH THIS SITE. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM DOWNLOADING SUCH MATERIAL AND/OR DATA.
thebartertown.net, Inc. EXPRESSLY DISCLAIMS ANY AND ALL INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES IN ANY EVENT EVEN IF ADVISED BEFOREHAND OF SUCH DAMAGES AND IN NO EVENT SHALL thebartertown.net, Inc. BE LIABLE FOR SUCH DAMAGES RESULTING FROM THE ACTIONS OR CONDUCT OF ANY thebartertown.net, Inc. SUBSCRIBER OR USER. NOT LIMITING THE GENERALITY OF THE FOREGOING, thebartertown.net, Inc. MAKES ABSOLUTELY NO WARRANTIES AND NO REPRESENTATIONS ABOUT THE NATURE, CHARACTER, ABILITY, QUALITY, PROFESSIONAL STANDING, PROFESSIONAL LICENSING, OR PROFESSIONAL CERTIFICATION OF ANY thebartertown.net, Inc. SUBSCRIBER. thebartertown.net, Inc. IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT ANY THIRD PARTY, SUBSCRIBER OR USER OBTAINS BY OR THROUGH ANY OF THE SUBSCRIBERS OR USERS OF THIS SITE.
TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, thebartertown.net, Inc.’ LIABILITY FOR ANY LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND INCLUDING THAT WHICH MAY BE DUE TO thebartertown.net, Inc.’S ACTUAL OR ALLEGED NEGLIGENCE, SHALL NOT EXCEED THE AMOUNT A SUBSCRIBER OR USER PAID FOR THE USE OF THIS SITE.
In addition to the foregoing, 1) in no event is thebartertown.net, Inc. responsible for any lessons and/or advice posted, or any incorrect or inaccurate content on the Site by any party or as the result of any of the Site’s technical functions, programming, and/or equipment. You understand that the Site and or any content made available through it are not designed nor intended to replace or substitute for any professional language education or institution; 2) in no event is thebartertown.net, Inc. responsible for any conduct, actions or communications, whether online or offline, of any user of the Site; and 3) thebartertown.net, Inc. makes no representations or warranties and expressly disclaims any and all liability arising from the use of any content on the Site by any party.
In any event, you hereby acknowledge that use of the Internet and the Site to meet, interact with, and communicate with third parties and strangers presents certain personal and financial risks and, as a result, you hereby agree to waive all claims against thebartertown.net, Inc. as further described in this Section 16.
17. Hold Harmless and Indemnification. By using the Site, you agree to indemnify and hold thebartertown.net, Inc. and its respective parents, subsidiaries, affiliates and agents, and each of their respective officers, directors, employees and Third Party Providers harmless, including but not limited to reasonable attorneys’ fees, from and against any claim or demand, made by any third party due to or arising out of your use of the Site, or the use of the Site by any party using your account, including but not limited to violation of the Agreement or the infringement of any intellectual property or other right of any person or entity.
18. Governing Law. If there is any dispute arising out of the Site and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of New York and the federal laws of the United States of America, without regard to its conflict of law provisions and excluding that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods. You expressly agree to submit to the exclusive jurisdiction of the New York courts.
19. Severability. If any provision of this Agreement or the application thereof to any Person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
20. Entire Agreement. It is hereby acknowledged that this Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.