1. ACCEPTANCE OF TERMS
Welcome to PeopleTradingServices.com. Rivkie.com, LLC, its owner,
provides the PeopleTradingServices.com service to you, subject to the following
Terms of Service ("TOS"), which may be modified by us from time to time without
notice to you. These Terms apply to all usage of the
PeopleTradingServices.com website. The "content" of
PeopleTradingServices.com is provided as a service to users and subject to these
terms. "Content" includes all information displayed in publicly accessible
areas of this Site. When you use the Site you accept these Terms. If
you do not agree to the Terms you may not use the Site.
2. DESCRIPTION
OF SERVICE (Including Disclaimers and Limitations of Liability)
PeopleTradingServices.com provides contact information for
members/paying service providers who want to barter services. Your use of
PeopleTradingServices.com's service is at your sole risk.
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
a) The service is provided on an "AS IS" and
"AS AVAILABLE" basis. PeopleTradingServices.com DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT; and
b)
PeopleTradingServices.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF
PeopleTradingServices.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
and
c) THE SERVICE MAY BE INTERRUPTED, MODIFIED, SUSPENDED,
DISCONTINUED, UNTIMELY, NOT SECURE OR ERROR-PRONE; and
d) THE RESULTS
OBTAINED FROM THE USE OF THE SERVICE MAY BE INACCURATE OR UNRELIABLE; and
e) THE SITE, ITS CONTENT THE QUALITY OF ANY BARTERYOURSERVICE.COM OR
THIRD PARTY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED BY YOU
OR OBTAINED THROUGH THE SERVICE MAY NOT MEET YOUR REQUIREMENTS OR EXPECTATIONS;
and
f) ERRORS/CONFLICTS IN THE SOFTWARE OR DATA MAY NOT BE CORRECTED OR
CORRECTABLE; and
g) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM,
LOSS OF DATA OR ANY DAMAGES STEMMING FROM THOSE LOSSES THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL; and
h) NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS; and
i) PeopleTradingServices.com SHALL
NOT BE RESPONSIBLE FOR ANY NON-INTENTIONALLY CAUSED BREACHES OF CONFIDENTIALITY
OR PRIVACY CONCERNS
In some states, however, limitations on warranties
or implied warranties or the exclusion of liability for incidental or
consequential damages are not allowed; if these apply to the user, some or all
of the above disclaimers may not pertain and the user may have additional
rights.
You are responsible for obtaining access to the Service from
your or another location via the World Wide Web. PeopleTradingServices.com
assumes no responsibility for difficulties accessing the site from any locale
and/or within any browser. The access may incur third party fees (such as
Internet service providers, airtime charges and/or phone charges). You are
responsible for those fees, including those fees associated with the display or
delivery of advertisements. You are also responsible for all fees
associated with uploading of graphics within PeopleTradingServices.com. In
addition, you are responsible for and must provide all equipment necessary to
access the Service. PeopleTradingServices.com assumes no responsibility
for software conflicts associated with access and/or use of the Service.
If PeopleTradingServices.com contains areas on the site of an
adult/mature content, you must be at least 18 years of age to access and view
such areas.
3. YOUR REGISTRATION OBLIGATIONS
As a registered
user of PeopleTradingServices.com, you agree to (a) provide accurate, truthful,
current and complete information about yourself as prompted by the Service and
(b) maintain/update the registration data to keep it accurate, truthful, current
and complete. If you provide any information that is inaccurate, untrue, not
current or incomplete, or PeopleTradingServices.com has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete,
PeopleTradingServices.com reserves the right to suspend or terminate your
registration/account and refuse all current or future use of the service (or any
portion thereof). See Paragraph #12 ("TERMINATION").
4. PRIVACY
POLICY
It is PeopleTradingServices.com's policy to respect the general
privacy of its members. PeopleTradingServices.com will not share its
members' sensitive information without your express permission. Some
registration/contact information about you may be used by
PeopleTradingServices.com and its selected partners. Selected partners will be
disclosed in the TOS, as modified. PeopleTradingServices.com may notify
registrants of registration renewal, updates, new features on the site, and
offers of interest to its members. This notification may be made by email,
regular mail or fax, as required and deemed suitable by
PeopleTradingServices.com. Unless required by law or otherwise for a
good-faith reason, PeopleTradingServices.com will not modify a member's contact
information. PeopleTradingServices.com shall not be responsible for any
breaches of confidentiality or privacy concerns.
5. PASSWORD &
SECURITY - MEMBER ACCOUNT
Upon completion of the Service's registration
process, you will establish password data for access to the site's various
features plus the ability to upload your business card ad artwork if desired.
You bear responsibility for maintenance of the confidentiality of your
password and account. You are fully responsible for all activities that
occur under your password and account, including but not limited to upload of
contact information, data and graphics. PeopleTradingServices.com cannot
and will not be liable for any loss, damages or other consequences arising from
your failure to comply with this Section (5). You agree to (a) immediately
notify PeopleTradingServices.com of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session to prevent unauthorized use of your account.
6. MEMBER CONDUCT & CONTENT
You - and not
PeopleTradingServices.com - are entirely responsible for all Content that you
enter, input, upload, post, email, transmit or otherwise make available via
PeopleTradingServices.com. Content includes information, images, software,
data, text, music, sound, photographs, graphics, video, messages or other
materials. You understand that all Content, whether publicly posted or
privately transmitted, is the sole responsibility of the person from which it
originated. PeopleTradingServices.com is not responsible for the
monitoring and/or controlling of Content posted within its database, and does
not guarantee content integrity, quality or accuracy. You understand that
by registering on and using PeopleTradingServices.com, you may be exposed to
Content that is offensive, indecent or objectionable. Under no
circumstances and at no time, present or future, will PeopleTradingServices.com
be liable in any way for any Content. This includes, but is not limited
to, any errors, omissions or unintended modifications in any Content. This
also includes but is not limited to any loss or damage of any kind incurred as a
result of the use of any Content provided, posted, emailed, transmitted or
otherwise made available via the search engine and database of
PeopleTradingServices.com, during the user's registration period or later.
You hereby agree to never use the site to:
a. upload, post,
email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethically or
otherwise objectionable; and
b. harm minors in any way; and
c. forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through PeopleTradingServices.com; and
d.
upload, post, email, transmit or otherwise make available any Content that you
do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements); and
e. impersonate any
person or entity, including, but not limited to, a PeopleTradingServices.com
official, owner, guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity; and
f. upload, post, email,
transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail", "spam", "chain letters",
"pyramid schemes", or any other form of solicitation; and
g. upload,
post, email, transmit or otherwise make available any Content that infringes on
any intellectual property, patent, trademark, service mark, trade secret,
copyright or other proprietary rights ("Rights") of any party; and
h.
upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of PeopleTradingServices.com,
any computer software, hardware or telecommunications equipment; and
i.
disrupt the normal flow of dialogue or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges if this site
offers this feature to its registrants; and
j. interfere with or disrupt
the Service, servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected to the
Service; and
k. intentionally or unintentionally violate any applicable
local, state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission, any
rules of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law; and
l. "stalk" or
otherwise harass another; and
m. for reasons other than regular usage of
the site, collect or monitor personal data of another user(s) or third party.
You acknowledge that PeopleTradingServices.com does not pre-screen all
Content, but that PeopleTradingServices.com shall have the right (but not the
obligation) in its sole discretion to refuse or remove any Content/Data that is
available via the Service if it expressly violates the TOS or if
PeopleTradingServices.com, in its sole discretion, chooses to refuse or remove
any such Content/Data.
You accept that PeopleTradingServices.com may
disclose Content if required to do so by law or in belief that such disclosure
is necessary to: (a) comply with legal procedures; (b) enforce the Terms of
Service; (c) respond to claims of Content being in violation of third-parties'
rights; or (d) protect the rights, property, or personal safety of
PeopleTradingServices.com, its users and the public.
7. INTERNATIONAL
USE
You agree to comply with all local rules regarding online conduct
and acceptable content and data. You agree to comply with all applicable
laws and regulations regarding the transmission of technical
data/information/graphics exported from the United States or the country in
which you reside and/or are located.
8. CONTENT SUBMITTED OR MADE
AVAILABLE FOR INCLUSION ON THE SERVICE
PeopleTradingServices.com does
not claim ownership of Content you submit or make available for inclusion on the
Service. However, with respect to Content you submit or make available for
inclusion on publicly accessible areas of the Service, you grant
PeopleTradingServices.com the following world-wide, royalty free and
non-exclusive license(s), as applicable;
A) With respect to Content,
photos or graphics you submit or make available for inclusion on publicly
accessible areas of PeopleTradingServices.com, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the Service solely for the purposes of providing and promoting the specific
PeopleTradingServices.com area to which such Content was submitted or made
available. This license exists only for as long as such Content exists on
the Service and will terminate at the time when such Content is removed from the
Service;
B) With respect to Content other than photos, graphics, audio
or video you submit or make available for inclusion on publicly accessible areas
of the Service, the perpetual, irrevocable and fully sublicensable license to
use, distribute, reproduce, modify, adapt, publish, translate, publicly perform
and publicly display such Content (in whole or in part) and to incorporate such
Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the
PeopleTradingServices.com network that are intended by PeopleTradingServices.com
to be available to the general public or are able to be accessed in a legal and
conventional manner by any individual/entity from any location.
9.
INDEMNITY
You agree to indemnify and hold PeopleTradingServices.com, and
its subsidiaries/affiliates/officers/agents or other partners/employees,
harmless from any claims or demands, including attorneys' fees, made by any
third party due to or arising from any Content you've submitted, posted,
transmitted or made available through the Service, your use/connection to the
Service, your violation of the terms herein, and/or your violation of another's
rights.
10. NO RESALE OF SERVICE
You agree not to duplicate,
reproduce, copy, sell, resell or exploit, for any purpose, any portion of
PeopleTradingServices.com, use of/access to the Service.
11. USE &
STORAGE: GENERAL PRACTICES
You acknowledge that
PeopleTradingServices.com may establish general practices/limits concerning use
of the site, including, without limitation, the maximum number of days that
email messages, postings or other uploaded Content will be retained by the
Service, the maximum number of contact messages that may be sent from or
received by an account via the site, the length of any message that may be sent
from or received by an account on the site, the maximum disk space that will be
allotted on PeopleTradingServices.com's servers on your behalf, and the maximum
duration for which you may access PeopleTradingServices.com in a given period of
time. You agree that PeopleTradingServices.com has no responsibility or
liability for failure to store any communications or other Content transmitted
via the Service. You acknowledge that PeopleTradingServices.com reserves the
right, in its sole discretion, to remove accounts that are inactive for an
extended period of time. You further acknowledge that PeopleTradingServices.com
reserves the right to change these general practices/limits at any time in its
sole discretion, with or without notice to you.
12. TERMINATION
PeopleTradingServices.com, in its sole discretion, reserves all rights
to terminate, without notice, your password, account (or any part thereof) or
use of the site, and remove/discard any Content within the Service, for any
reason for good cause, including, without limitation, for lack of use or if
PeopleTradingServices.com believes that you have violated or acted
inconsistently with the Terms of Service, as implicitly stated or otherwise.
PeopleTradingServices.com may also in its sole discretion and at any time,
discontinue providing the Service, or any portion thereof, with or without
notice to registrants. You agree that any termination of your access to
the Service under any provision of these Terms of Service may be effected
without notice, and acknowledge and agree that PeopleTradingServices.com may
immediately deactivate your account and all related data in your account and/or
bar any further access to the Service. Further, you agree that
PeopleTradingServices.com shall not be liable to you or any third-party for any
termination of your access to the Service. PeopleTradingServices.com is
not liable to remove data, if requested/demanded by any individual or entity,
and is not responsible for failure to remove any/all registrant data/information
(available to the public or administration of PeopleTradingServices.com) once
the account becomes inactive for any reason.
13. ADVERTISER DEALINGS
Your correspondence/business dealings with, or participation in
promotions of, advertisers found on or through this site, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and the advertiser. You agree that PeopleTradingServices.com shall not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings with third parties or as the result of the presence of such
advertisers on the Service. Users are solely responsible for taxes
(Federal, State or other) for services or goods exchanged within barter
arrangements via use of the database, per all legal requirements as applicable.
14. LINKS
PeopleTradingServices.com or third parties may provide
links to other World Wide Web sites or Internet destinations. Any/all sites
linked from this site are independent third parties. Because
PeopleTradingServices.com has no control over such third party sites and
resources, you acknowledge and agree that PeopleTradingServices.com is not
responsible for the availability and/or connectivity of such web destinations,
and does not endorse and is not liable/responsible for any Content, data,
advertising, products, or other materials on or available from external Internet
destinations. You further acknowledge and agree that
PeopleTradingServices.com shall not be liable/responsible, in any way, directly
or indirectly, for any damage/loss caused or allegedly caused by, or in
connection with, use of or reliance on any such Content, goods or services
available on or through any linked site or web destination.
15.
PROPRIETARY RIGHTS OF PeopleTradingServices.com AND ITS CODING
You
acknowledge and agree that the Service and any necessary "Software" used in
connection with the site and its contents contain proprietary data that is
protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements or
information presented to you via PeopleTradingServices.com or its advertisers is
protected by copyrights, trademarks, service marks, patents and/or other
proprietary rights and laws as applicable. Except as expressly authorized
by PeopleTradingServices.com or its advertisers, you agree not to in any manner
modify, rent, lease, loan, sell, distribute or create derivative works based on
this site, its links or its software.
PeopleTradingServices.com allows
the user a personal, non-transferable and non-exclusive right and license to
access the site on a single computer at any given time. You/any third
party may not copy, modify, create a derivative work of, reverse
engineer/assemble or otherwise attempt to discover/tamper with any source code,
sell, assign, sublicense, grant a security interest in, or otherwise transfer,
any rights related to the coding of PeopleTradingServices.com. You agree not to
modify the coding in any manner or form. You agree not to use modified
versions of the coding, including (without limitation) for the purpose of
obtaining unauthorized access to this site. You agree not to access the site by
any means other than through the interface that is provided by
PeopleTradingServices.com for online access as displayed to the general public.
16. GENERAL PROVISIONS
PeopleTradingServices.com's Terms of Service
constitute the entire agreement between you and PeopleTradingServices.com and
govern your use of the Service, superceding any prior agreements between you and
PeopleTradingServices.com. You may also be subject to additional terms and
conditions that may apply with use of affiliate services, third-party
content/data and/or third-party software. The terms outlined herein and the
relationship between you and PeopleTradingServices.com shall be governed by the
laws of the State of New Jersey without regard to its conflict of law
provisions.
You, the user, and PeopleTradingServices.com agree to submit
to the personal and exclusive jurisdiction of the courts located within Bergen
County, New Jersey. The failure of PeopleTradingServices.com to exercise or
enforce any right or provision of the Terms and Conditions of Service shall not
constitute a waiver of that right or provision. If, at any time, any provision
of these Terms of Service is found by a court of competent jurisdiction to be
invalid, you and PeopleTradingServices.com nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision - and that all other provisions of these Terms of Service remain in
full force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of, or related to use of,
PeopleTradingServices.com or these Terms of Service must be filed within one (1)
year after such claim or cause of action arose, or be forever barred.
17. SECTION TITLES
The section titles in these Terms of Service
have no legal or contractual effect. They serve to divide the various
elements of this agreement for readability. Some information contained in
these Terms of Service may be applicable to assorted section titles.
18.
VIOLATIONS & MISUSE
Please report any violations of these Terms of
Service to us immediately via the contact form
on the web site. While we strive to maintain standards of quality of our
content, PeopleTradingServices.com reserves sole discretion to act upon such
report(s) without response/notice to you.
© 2008
PeopleTradingServices.com, a division of Rivkie.com, LLC. All rights
reserved.
If you do not agree with the above terms and conditions or
privacy policy as presented on this web page, you should not access any further
information in this site.
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