Terms of Use

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:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address;
5. 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;
6. 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@www.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.