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1. Your Acceptance |
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BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available
through the Hagglemania.com domain name, the "Hagglemania.com Website", or "Website"),
YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service")
AND THE TERMS AND CONDITIONS OF Hagglemania.com’s PRIVACY NOTICE, WHICH ARE PUBLISHED
AT http://www.Hagglemania.com/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE.
If you do not agree to any of these terms, then please do not use the Hagglemania.com
Website.
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2. Hagglemania.com Website |
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These Terms of Service apply to all users of the Hagglemania.com Website, including
users who are advertisers who are posting video, text, and or audio ads and other
materials on the Website. The Hagglemania.com Website may contain links to third
party websites that are not owned or controlled by Hagglemania.com. Hagglemania.com
has no control over, and assumes no responsibility for, the content, privacy policies,
or practices of any third party websites. In addition, Hagglemania.com will not
and cannot censor or edit the content of any third-party by using the Website, you
expressly relieve Hagglemania.com from any and all liability arising from your use
of any third-party website. Accordingly, we encourage you to be aware when you leave
the Hagglemania.com Website and to read the terms and conditions and privacy policy
of each other website that you visit.
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3. Website Access |
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A. Hagglemania.com hereby grants you permission to use the Website as set forth
in this Terms of Service, provided that: (i) your use of the Website as permitted
is solely for promoting and advertising the products and services that you offer.:
(ii) you will not copy or distribute any part of the Website in any medium without
Hagglemania.com’s prior written authorization; (iii) you will not alter or modify
any part of the Website other than as may be reasonably necessary to use the Website
for its intended purpose; and (iv) you will otherwise comply with the terms and
conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account.
You may never use another's account without permission. When creating your account,
you must provide accurate and complete information. You are solely responsible for
the activity that occurs on your account, and you must keep your account password
secure. You must notify Hagglemania.com immediately of any breach of security or
unauthorized use of your account. Although Hagglemania.com will not be liable for
your losses caused by any unauthorized use of your account, you may be liable for
the losses of Hagglemania.com or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation,
"robots," "spiders," "offline readers," etc., that accesses the Website in a manner
that sends more request messages to the Hagglemania.com servers in a given period
of time than a human can reasonably produce in the same period by using a convention
on-line web browser. Notwithstanding the foregoing, Hagglemania.com grants the operators
of public search engines permission to use spiders to copy materials from the site
for the sole purpose of creating publicly available searchable indices of the materials,
but not caches or archives of such materials. Hagglemania.com reserves the right
to revoke these exceptions either generally or in specific cases. You agree not
to collect or harvest any personally identifiable information, including account
names, from the Website, nor to use the communication systems provided by the Website
for any commercial solicitation purposes.
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4. Intellectual Property Rights |
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The content on the Hagglemania.com Website, except all User Submissions (as defined
below), including without limitation, the text, software, scripts, graphics, photos,
sounds, music, videos, interactive features and the like ("Content") and the trademarks,
service marks and logos contained therein ("Marks"), are owned by or licensed to
Hagglemania.com, subject to copyright and other intellectual property rights under
United States and foreign laws and international conventions. Content on the Website
is provided to you AS IS for your information and personal use only and may not
be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes whatsoever without the prior
written consent of the respective owners. Hagglemania.com reserves all rights not
expressly granted in and to the Website and the Content. You agree to not engage
in the use, copying, or distribution of any of the Content other than expressly
permitted herein, including any use, copying, or distribution of User Submissions
of third parties obtained through the Website for any commercial purposes. If you
download or print a copy of the Content for personal use, you must retain all copyright
and other proprietary notices contained therein. You agree not to circumvent, disable
or otherwise interfere with security related features of the Hagglemania.com Website
or features that prevent or restrict use or copying of any Content or enforce limitations
on use of the Hagglemania.com Website or the Content therein.
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5. User Submissions |
A. The Hagglemania.com Website may now or in the future permit the submission of
videos or other communications submitted by you and other users ("User Submissions")
and the hosting, sharing, and/or publishing of such User Submissions. You understand
that whether or not such User Submissions are published, Hagglemania.com does not
guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences
of posting or publishing them. In connection with User Submissions, you affirm,
represent, and/or warrant that: (i) you own or have the necessary licenses, rights,
consents, and permissions to use and authorize Hagglemania.com to use all patent,
trademark, trade secret, copyright or other proprietary rights in and to any and
all User Submissions to enable inclusion and use of the User Submissions in the
manner contemplated by the Website and these Terms of Service; and (ii) you have
the written consent, release, and/or permission of each and every identifiable individual
person in the User Submission to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of the User Submissions
in the manner contemplated by the Website and these Terms of Service. For clarity,
you retain all of your ownership rights in your User Submissions. However,
by submitting the User Submissions to Hagglemania.com, you hereby grant Hagglemania.com
a worldwide, non-exclusive, royalty-free, sublicense able and transferable license
to use, reproduce, distribute, prepare derivative works of, display, and perform
the User Submissions in connection with the Hagglemania.com Website and Hagglemania.com’s
(and its successor's) business, including without limitation for promoting and redistributing
part or all of the Hagglemania.com Website (and derivative works thereof) in any
media formats and through any media channels. You also hereby grant each user of
the Hagglemania.com Website a non-exclusive license to access your User Submissions
through the Website, and to use, reproduce, distribute, prepare derivative works
of, display and perform such User Submissions as permitted through the functionality
of the Website and under these Terms of Service. The foregoing license granted by
you terminates once you remove or delete a User Submission from the Hagglemania.com
Website.
C. In connection with User Submissions, you further agree that you will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise
subject to third party proprietary rights, including privacy and publicity rights,
unless you are the owner of such rights or have permission from their rightful owner
to post the material and to grant Hagglemania.com all of the license rights granted
herein; (ii) publish falsehoods or misrepresentations that could damage Hagglemania.com
or any third party; (iii) submit material that is unlawful, obscene, defamatory,
libelous, threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal offense, give
rise to civil liability, violate any law, or is otherwise inappropriate; (iv)
impersonate another person. Hagglemania.com does not endorse any User
Submission or any opinion, recommendation, or advice expressed therein, and Hagglemania.com
expressly disclaims any and all liability in connection with User Submissions. Hagglemania.com
does not permit copyright infringing activities and infringement of intellectual
property rights on its Website, and HAGGLE-MANIA will remove all Content and User Submissions
if properly notified that such Content or User Submission infringes on another's
intellectual property rights. Hagglemania.com reserves the right to remove Content
and User Submissions without prior notice. Hagglemania.com will also terminate a
User's access to its Website, if they are determined to be a repeat infringer. A
repeat infringer is a User who has been notified of infringing activity more than
twice and/or has had a User Submission removed from the Website more than twice.
Ad-Advantage-Now also reserves the right to decide whether Content or a User Submission
is appropriate and complies with these Terms of Use for violations other than copyright
infringement and violations of intellectual property law, such as, but not limited
to, pornography, obscene or defamatory material, or excessive length. Hagglemania.com
may remove such User Submissions and/or terminate a User's access for uploading
such material in violation of these Terms of Service at any time, without prior
notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe that
any User Submission or other content infringes upon your copyrights, you may submit
a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing
our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3)
for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is to
be disabled and information reasonably sufficient to permit the service provider
to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact
you, such as an address, telephone number, and, if available, an electronic mail;
(v) 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 owner, its agent, or the
law;
(vi) 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.
Haggle Mania designated Copyright Agent to receive notifications of claimed infringement
is: Heather Gillette, 1000 Cherry Ave., Second Floor, San Bruno, CA 94066, email:
copyright@haggle-maina.com, fax: 650-872-8513. For clarity, only DMCA notices should
go to the Copyright Agent; any other feedback, comments, requests for technical
support, and other communications should be directed to HAGGLE-MANIA customer service
through contact us. You acknowledge that if you fail
to comply with all of the requirements of this Section 5(D), your DMCA notice may
not be valid.
E. You understand that when using the Hagglemania.com Website, you will be exposed
to User Submissions from a variety of sources, and that Hagglemania.com is not responsible
for the accuracy, usefulness, safety, or intellectual property rights of or relating
to such User Submissions. You further understand and acknowledge that you may be
exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable,
and you agree to waive, and hereby do waive, any legal or equitable rights or remedies
you have or may have against Hagglemania.com with respect thereto, and agree to
indemnify and hold Hagglemania.com, its Owners/Operators, affiliates, and/or licensors,
harmless to the fullest extent allowed by law regarding all matters related to your
use of the site.
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6. Warranty Disclaimer |
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YOU AGREE THAT YOUR USE OF THE Hagglemania.com WEBSITE SHALL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, Hagglemania.com, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE WEBSITE AND YOUR USE THEREOF. Hagglemania.com MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY
SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE Hagglemania.com WEBSITE. Hagglemania.com DOES
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY AN ADVERTISER ON THIS SITE OR THIRD PARTY SITE THROUGH
THE HAGGLE-MANIA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER
OR OTHER ADVERTISING, AND HAGGLE-MANIA WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS
OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
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6. Limitation of Liability |
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IN NO EVENT SHALL HAGGLE-MANIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS,
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE HAGGLE-MANIA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT HAGGLE-MANIA SHALL NOT BE LIABLE FOR USER SUBMISSIONS
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE
RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by HAGGLE-MANIA from its facilities in the
United States of America. HAGGLE-MANIA makes no representations that the HAGGLE-MANIA
Website is appropriate or available for use in other locations. Those who access
or use the HAGGLE-MANIA Website from other jurisdictions do so at their own volition
and are responsible for compliance with local law.
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8. Indemnity |
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You agree to defend, indemnify and hold harmless Hagglemania.com, its parent corporation,
officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses (including
but not limited to attorney's fees) arising from: (i) your use of and access to
the HAGGLE-MANIA Website; (ii) your violation of any term of these Terms of USE;
(iii) your violation of any third party right, including without limitation any
copyright, property, or privacy right; or (iv) any claim that one of your User Submissions
caused damage to a third party. This defense and indemnification obligation will
survive these Terms of USE and your use of the HAGGLE-MANIA Website.
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9. Ability to Accept Terms of USE |
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You affirm that you are either more than 18 years of age, or an emancipated minor,
or possess legal parental or guardian consent, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations, representations,
and warranties set forth in these Terms of Use, and to abide by and comply with
these Terms of Use. In any case, you affirm that you are over the age of 13, as
the HAGGLE-MANIA Website is not intended for children under 13. If you are
under 13 years of age, then please do not use the HAGGLE-MANIA Website.
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10. Assignment |
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These Terms of Use, and any rights and licenses granted hereunder, may not be transferred
or assigned by you, but may be assigned by Hagglemania.com without restriction.
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11. General |
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You agree that: (i) the Hagglemania.com Website shall be deemed solely based in
South Carolina; and (ii) the Hagglemania.com Website shall be deemed a passive website
that does not give rise to personal jurisdiction over Hagglemania.com, either specific
or general, in jurisdictions other than South Carolina. These Terms of Service shall
be governed by the internal substantive laws of the State of South Carolina, without
respect to its conflict of laws principles. Any claim or dispute between you and
Hagglemania.com that arises in whole or in part from the Hagglemania.com Website
shall be decided exclusively by a court of competent jurisdiction located in Cherokee
County, South Carolina. These Terms of Use, together with the Privacy Notice at
http://www.Hagglemania.com/privacy and any other legal notices published by Hagglemania.com
on the Website, shall constitute the entire agreement between you and Hagglemania.com
concerning the Hagglemania.com Website. If any provision of these Terms of Use is
deemed invalid by a court of competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms of Use,
which shall remain in full force and effect. No waiver of any term of this these
Terms of Use shall be deemed a further or continuing waiver of such term or any
other term, and Hagglemania.com’s failure to assert any right or provision under
these Terms of Use shall not constitute a waiver of such right or provision. Hagglemania.com
reserves the right to amend these Terms of Use at any time and without notice, and
it is your responsibility to review these Terms of Use for any changes. Your use
of the Hagglemania.com Website following any amendment of these Terms of Use will
signify your assent to and acceptance of its revised terms. YOU AND Hagglemania.com
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Hagglemania.com
WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,
SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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Copyright © Haggle Mania 2007. All Rights Reserved.
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