.
ONLINE TERMS OF USE
THE TERMS AND CONDITIONS SET FORTH BELOW (THE
"TERMS") GOVERN YOUR USE OF THIS WEBSITE ON THE
WORLD WIDE WEB (THE "SITE") OF SHEMRAN,
INC DBA BARONS MARKETPLACE (“BARONS”) AND ARE LEGALLY
BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE
TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY
INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE
SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF
THE TERMS SET FORTH BELOW. YOU AGREE THAT BARONS AND ITS
LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE
SERVICES AND PROGRAMS DESCRIBED IN OR OFFERED ON THIS
SITE, IF ANY, AT ANY TIME WITHOUT NOTICE, AND YOU
FURTHER AGREE THAT BARONS CAN REVISE THESE TERMS AT ANY
TIME WITHOUT NOTICE BY UPDATING THIS POSTING. YOU AGREE
THAT YOUR CONTINUED USE OF THE SITE AFTER SUCH
MODIFICATIONS HAVE BEEN POSTED CONSTITUTES YOUR
ACCEPTANCE OF SUCH REVISED TERMS.
GENERAL USE RESTRICTIONS
All information, documents, products, software,
services, and other information provided on this Site,
including trademarks, logos, graphics and images (the
"Materials") are provided to you by
Barons or its licensees. Barons and its licensees shall
own all right, title and interest to the Materials. You
acknowledge that, except as expressly stated herein, you
have no right, title or interest in or to the Materials.
Barons grants you the limited right to display the
Materials only on your personal computer, and to copy
and download the Materials on this Site, provided that:
(1) both the Barons copyright notice (set forth below)
and this permission notice appear in the Materials so
displayed, copied or downloaded; (2) such display, copy
or download is solely for your personal or internal
informational use and is not to be distributed or
otherwise transmitted outside of your home or company,
or otherwise broadcast or reposted in any media. You
acknowledge and agree that you have no right to modify,
edit, alter or enhance any of the Materials in any
manner. This limited license terminates automatically,
without notice to you, if you breach any of these Terms.
Upon termination of this limited license, you agree to
immediately destroy any downloaded and/or printed
Materials.
THIRD PARTY CONTENT
Certain information and content may be provided by
third parties to Barons ("Third Party Content").
The Third Party Content is, in each case, the
copyrighted work of the creator/licensor. BARONS
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO
CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. You agree to only display
the Third Party Content on your personal computer solely
for your personal or internal business use. You
acknowledge and agree that you have no right to down
load, cache or display any of the Third Party Content
except as set forth in this paragraph. You further
acknowledge and agree that you have no right to
reproduce, modify, edit, alter or enhance any of the
Third Party Content in any manner.
LINKING
Without the prior written consent of Barons, you may
not use any of Baron's proprietary logos, marks, or
other distinctive graphics, video, or audio material in
your links. You may not link in any manner reasonably
likely to 1) imply affiliation with or endorsement or
sponsorship by Barons; 2) cause confusion, mistake, or
deception; 3) dilute Barons’ trademarks or service
marks; or 4) otherwise violate state or federal law.
NO FRAMING
You agree not to reproduce, transmit, display,
distribute, "frame" or "mirror" any Materials or Third
Party Content contained on or accessible from this Site
on any other server or Internet-based device without the
advance written authorization of Barons or its
licensors, respectively.
LINKS TO THIRD PARTY WEBSITES
This Site may be linked to other websites on the
World Wide Web or Internet that are not under the
control of or maintained by Barons (“External
Websites”). Such links do not constitute an endorsement
by Barons of those External Websites. You acknowledge
that Barons is providing these links to you only as a
convenience, and further agree that Barons is not
responsible for the content of such External Websites.
Your use of other websites is subject to the terms of
use and privacy policies located on the linked External
Websites.
PASSWORD PROTECTED AREAS OF THE SITE
Certain areas of the Site are password restricted to
registered users ("Password Protected Areas").
If you are a registered user of the Password Protected
Areas, you agree that you are entirely responsible for
maintaining the confidentiality of your password. You
agree that you are entirely responsible for any and all
activities which occur under your account, including any
fees which may be incurred under your password-protected
account, whether or not you are the individual who
undertakes such activities. You agree to immediately
notify Barons of any unauthorized use of your account or
any other breach of security in relation to the Site
known to you.
PRIVACY POLICY
Your use of the Site is subject to and governed by
the Barons Privacy Policy that is available
here.
UNAUTHORIZED ACTIVITIES
You
acknowledge that any unauthorized use of any Materials
or Third Party Content contained on this Site may
violate copyright laws, trademark laws, the laws of
privacy and publicity, certain communications statutes
and regulations for your actions or the actions of any
person using your email address or password. As such,
you agree to hold Barons entirely harmless from and
against any and all costs, damages, liabilities, and
expenses (including attorneys' fees) incurred by
Barons in relation to, arising from or for the purpose
of avoiding any claim or demand brought by a third party
that our use of the Site or the use of the Site by any
person using your password or email address violates any
applicable law or regulation, or the rights of any third
party.
RESTRICTIONS ON MINORS
Some of the activities offered on this Site are
restricted to participants 18 years or older.
SUBMISSIONS
Any submissions made to this Site (other than
information subject to the privacy policy), including,
but not limited to, suggestions, comments, questions,
documents, computer files, FTP transfers, or other
information or materials, in any form, shall be the
exclusive property of Barons. Such submissions shall be
deemed to be non-confidential and Barons shall have no
obligation of any kind with respect to such submissions
and shall be free to reproduce, use, disclose, and
distribute the submissions to others without limitation.
Barons shall be free to use such submissions, including
any ideas, concepts, know-how, or techniques contained
therein, for any purpose whatsoever including but not
limited to developing, manufacturing, and marketing
programs, services or projects based upon such
submissions, without any obligation to you. Barons
agrees to use any personally identifiable information
included in such submissions in accordance with the
Barons Privacy Policy. You retain ownership of any
copyrights or other intellectual property rights
applicable to any information you submit to Barons.
You acknowledge that you are responsible for any
submissions you make to the Site, and that you, and not
Barons, will have full responsibility for each such
submission, including its legality, reliability,
appropriateness, originality and compliance with
copyright law. You are prohibited from posting or
transmitting any unlawful, threatening, libelous,
defamatory, obscene, indecent, inflammatory,
pornographic, or profane material that could constitute
or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise
violate any law. In addition, you are prohibited from
posting or transmitting any information which (a)
infringes the rights of other or violates their privacy
or publicity rights, (b) is protected by copyright,
trademark, or other proprietary right, unless with the
express written permission of the owner of such right,
(c) contains a virus, bug, or other harmful item, or (d)
is used to unlawfully collude against another person in
restraint of trade or competition.
TRADEMARKS
Shemran, Inc., Barons, Barons Market, Barons
Marketplace, Barons The Marketplace and all other marks
designated as such are trademarks of Barons in the
United States and other countries. All other marks,
names, and logos mentioned herein are the property of
their respective owners. You may not remove or alter any
trademark. You may not use any trademark displayed on
the Site without the express prior written permission of
Barons or the respective owner, and nothing contained on
this Site grants by implication, waiver, estoppel, or
otherwise, any right to use such trademarks.
COPYRIGHT NOTICE
All information and screens appearing on this Site
including documents, products, software and services,
graphics, text elements, website design, logos, images,
and icons, as well as the selection, assembly, and
arrangement thereof, are the sole property of Barons
Copyright © 2006 Barons unless otherwise specified. All
rights not expressly granted herein are reserved. Except
as otherwise required by applicable law, any
reproduction, distribution, modification,
retransmission, or publication of any copyrighted
material is strictly prohibited without the express
written consent of the copyright owner.
COPYRIGHT AGENTS
BARONS RESPECTS THE INTELLECTUAL PROPERTY OF OTHERS,
AND WE ASK OUR USERS TO DO THE SAME. IF YOU BELIEVE THAT
YOUR WORK HAS BEEN COPIED ON THE SITE IN A WAY THAT
CONSTITUTES COPYRIGHT INFRINGEMENT AND APPEARS ON OUR
WEBSITE, PLEASE PROVIDE BARONS’ COPYRIGHT AGENT 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 Site;
- your address, telephone
number, and email address;
- 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, 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.
Barons’ Copyright Agent for notice of claims of
copyright infringement on its website is Debi Tauber who
can be reached as follows:
By mail: Barons Marketplace
Attention: Debi Tauber
4001 W. Point Loma Blvd.
San Diego, CA 92110
By phone: (619) 223-1696
By email:
debitauber@baronsmarket.com
DISCLAIMER OF WARRANTY
You acknowledge and agree that this Site may include
certain errors, omissions, outdated information which
may affect the quality of the Materials and the Third
Party Content. You acknowledge that neither the
Materials nor the Third Party Content have been
independently verified or authenticated in whole or in
part by Barons, and agree that Barons does not warrant
the accuracy or timeliness of the Materials or the Third
Party Content, and further agree that Barons has no
liability for any errors or omissions in the Materials
and the Third Party Content, whether provided by Barons
or its licensors.
BARONS, ITSELF AND EACH OF ITS LICENSORS, MAKES NO
REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE
QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF
ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE,
INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD
PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE
AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS
PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND
IS FOR PERSONAL USE ONLY. ALL CONDITIONS,
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED
WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY
RIGHTS, ARE HEREBY DISCLAIMED.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
BARONS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY
CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A
RESULT OF YOUR USING, DISPLAYING, COPYING, OR
DOWNLOADING ANY INFORMATION OR MATERIAL CONTAINED ON THE
SITE. IN NO EVENT SHALL BARONS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY,
PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER
ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH
OR IN TORT, EVEN IF BARONS HAS BEEN PREVIOUSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
ADDITIONAL RIGHTS
Certain jurisdictions do not allow the exclusion of
implied warranties or limitation of liability for
incidental or consequential damages, so the exclusions
set forth above may not apply to you.
GENERAL
Barons does not monitor your data or transmissions;
yet, Barons does actively monitor overall Site usage for
system utilization. You agree that if Barons becomes
aware of inappropriate use of the Site or any Barons
service, Barons may respond. You acknowledge that Barons
will report to law enforcement authorities any actions
that may be considered illegal, as well as any reports
it receives of such conduct. When requested, Barons will
cooperate fully with law enforcement agencies in any
investigation of alleged illegal activity on the
Internet.
If you violate these Terms, Barons reserves the right
to terminate your access to the Site without notice.
Barons controls and operates this Site from its
headquarters in the United States and makes no
representation that the Materials are appropriate or
will be available for use in locations other than the
United States. If you use this Site from outside the
United States, you are entirely responsible for
compliance with applicable local laws, including but not
limited to export and import regulations of other
countries in relation to the Materials.
Any action related to these Terms will be governed by
California law and controlling U.S. federal law, without
regard to the choice or conflicts of law provisions of
any jurisdiction. You agree to submit to the
jurisdiction of the courts located in the State of
California, for the resolution of all disputes arising
from or related to these Terms and/or your use of the
Site.
If any provision of these Terms is held to be invalid
or unenforceable by a court of competent jurisdiction,
then such provision(s) shall be construed, as nearly as
possible, to reflect the intentions of the parties, and
all other provisions shall remain in full force and
effect. The failure of Barons to enforce any right or
provision in these Terms shall not constitute a waiver
of such right or provision unless acknowledged and
agreed to by Barons in writing. The Terms comprise the
entire agreement between you and Barons and supersede
all prior or contemporaneous negotiations, discussions
or agreements, if any, between the parties regarding the
subject matter contained herein.
|
