WELCOME TO THE THEBAYNET.COM WEBSITE.
PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE BEFORE USING THE SITE THEBAYNET.COM BY ACCESSING AND USING THE SERVICES OF THIS SITE YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THE SITE.
TheBayNet.com (the “Site”, “we”, “us”, and “our”). By accessing and/or using this Site you (hereinafter referred to “You” or “Your” or “Yourself”) are contractually agreeing to the following terms and conditions, including those available by hyperlinks (collectively, the “Terms of Use”).
We reserve the right to modify the Terms of Use at any time without giving “You” any prior notice. Your use of the Site following any such modification constitutes “Your” agreement to follow and be bound by the Terms of Use as modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable to general and specific areas of this Site or to particular content are also considered as Terms of Use.
Please note that individuals who purchase a subscription to offer for sale a product on the Site (“Registered Users”) are subject to additional conditions which are set forth at the end of these Terms of Use.
1. REGISTRATION WITH THE SITE
In order to use the general services offered through the Site, You need not be a Registered User of the Site. However, certain sections of this Site require “You” to register with the Site. Such sections include posting of comments, articles, classifieds on the site, real estate listings, business directory listings, obituaries, contest.
If registration is requested, you agree to provide us with accurate and complete registration information. It shall be “Your” responsibility to inform us of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. You are responsible for maintaining the confidentiality of “Your” information, user identification names, numbers, or codes (collectively, “ID’s”) and password. “You” shall be responsible for all uses of “Your” registration, whether or not authorized by “You”. You agree to immediately notify us of any unauthorized use of “Your” registration, ID’s, confirmation number, or password. We reserve the right to terminate your service or access to the Site if we believe any unauthorized use has occurred. It is also Your responsibility to notify us if we need to change or discontinue any of Your ID’s, confirmation numbers, or passwords.
When You register with the Site, You will be asked to provide us with certain information including, without limitation, your name, surname, contact number, date of birth, gender, and a valid email address. In addition to these Terms of Use, You understand and agree that we may collect and DONOT disclose any information about You to third parties. In order to understand how “we” collect and use your information, please visit our Privacy Policy section at TheBayNet.com/terms-of-use.
2. USE OF THE SITE
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or to the Content in any manner whatsoever. You agree not to add to, subtract from, or otherwise modify or delete the Content, or access or make an attempt to access any Content that is not intended for You, except as provided in this Terms of Use. You agree not to use the Site in any manner that might interfere with the rights of third parties. You may not use the Site if you are not above eighteen (18) years of age. You are also requested not to reveal any personal information about Yourself or anyone else (for example, telephone number, home address or email address). You may use this Site and any information hosted and/or posted on the Site but not limited to writings, comments, files (audio or video), images and/or other work, document or information that You see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for Your personal purpose. [NOTE: As the terms forbid use of the Site by minors, we have deleted references to use by such minors to avoid inconsistencies. We also address this issue in the Privacy Policy.]
Restrictions on Use.
You agree that you will not (and will not permit others to):
1. use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with a User’s enjoyment of the Site;
2. use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
3. use the Site for promotional or commercial purposes, unless expressly allowed to do so by TheBayNet.com;
4. use the Site in a manner that creates the appearance of a conflict of interest, including trading reviews with other business owners and writing or soliciting shill reviews;
5. use the Site to promote bigotry or discrimination against protected classes;
6. use the Site to violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
7. use the Site to transmit or post illegal materials, including material that is pornographic or obscene;
8. use the Site in connection with the solicitation of personal information from minors;
9. use the Site in violation of the Terms of Service or any applicable local, state, national or international law;
10. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works of, publicly display, sell, trade, or in any way exploit the Site, the Services, or any of the Site Content (other than Your Content), except as expressly authorized by TheBayNet.com;
11. reverse engineer any portion of the Site;
12. remove any copyright, trademark or other proprietary rights notices contained on the Site or in any Site Content;
13. collect, record or share with third parties information about Users;
14. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any Site Content or information from the Site;
15. access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
16. reformat or frame any portion of the Site;
17. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on TheBayNet.com’s technology infrastructure; or
18. attempt to gain unauthorized access to the Site, User accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Services or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
4. CONTENT SUBMISSION
We act as a channel for the online posting, distribution and publication of user-submitted Content and have no obligation to screen communications or Content in advance and are not responsible for screening or monitoring any material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, we may investigate the allegation and determine in good faith and it’s our sole discretion whether to remove or request the removal of such communication.
By submitting content to any public or non-public area of the Site, including message boards, forums, contests and chat rooms, You grant us and our affiliates a royalty-free, perpetual, irrevocable, sublicense able (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Site retains any and all rights that may exist in such content.
You acknowledge and agree that we may preserve User-submitted Content and information and may disclose the same if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with the legal process; (b) enforce the Terms of Use; (c) respond to claims of violations of the rights of third parties; or (d) protect the rights, property, or personal safety of our business, employees, affiliated or related entities, partners, Users and/or the public.
8. MODIFICATION, EDITING AND DELETION OF CONTENT
Only a Registered User of the Site will be able to post comments and additional comments on the Site till the time he is a valid existing user of the Site. Such Registered User agrees not to post, directly or indirectly, any comment that is derogatory, abusive, obscene, defamatory, offensive, infringing or violate of applicable laws in any way. The opinion as to whether such comment is derogatory, abusive, obscene, defamatory, offensive, infringing or violate of applicable laws shall be solely at our discretion.
However, at no point of time, will a Registered User be able to modify, edit or delete any comment once posted by such user. All modification, editing and deletion rights shall be vested with us and will be at our sole discretion. Content submitted for publication on the Site may in our discretion be edited, in whole or in part, for length, clarity, legal applicability and/or consistency.
9. INTELLECTUAL PROPERTY
The names, images and logos identifying us or our third parties and their products and services are subject to copyright, design rights and trademarks. Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppels or otherwise any license or right to use any of our trade mark, patent, design right or copyright or the right of any third party.
The Site and the Content, including editorials, are protected by copyright law and international treaty provisions and may not be copied or imitated in whole or in part. No logo, trademark, graphic or image from the Site may be copied or retransmitted without our prior express written permission.
10. CONTENT DISCLAIMER
We communicate information provided and created by advertisers, listing agencies, publishers, users, resellers, third parties and You. We have no control over the accuracy, legality, legitimacy, validity or reliability of such information on the Site, which may also include technical inaccuracies or typographical errors.
We make no guarantee, nor do we take any responsibility for the Content including its quality, copyright compliance or legality, or any resulting loss or damage. The Content not limited to the availability of any product or service or any feature thereof, is subject to change without notice. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Site.
. MARKETING POLICY
Certain statements contained herein are based on our beliefs and assumptions and on information that is currently available to us. By using the Site, you acknowledge and agree to the foregoing and to hold us harmless for any damages, whether actual or perceived, resulting from said statements.
12. LINKING TO THIRD PARTY WEBSITES
Links to external Internet sites could be provided within the Site as a matter of convenience to You. The listing of such external site does not imply endorsement of such site by us. We do not make any representations regarding the availability, reliability and performance of the Site or any of the external sites.
If You click on any advertisement banner, sponsor link, or any other external link from or available on the Site, Your browser automatically may direct You to a new browser window that is not hosted or controlled by us and we are not responsible for the content, functionality or technological safety of these external third party links/sites.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Site, or any linked sites, including payment for and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such advertisers. You agree that we (and our affiliated or related entities and partners) shall be neither responsible nor liable for any loss or damage incurred by You as the result of any such dealings or as the result of the presence of such advertisers on or through this Site or any linked sites.
13. LINKING TO THIS SITE
Linking of this Site can be solely undertaken for legal purposes. You may also connect deep links to the Site, i.e., create links to this Site that bypass the home page or other parts of the Site only for legal purposes. You may mirror or frame the home page or any other pages of this Site on any other website or web page provided that such mirroring or framing is not done or undertaken for any commercial benefits. We reserve the right to discontinue the linking at our sole discretion without any prior notification to You.
14. WARRANTY DISCLAIMER
ANY USE OF THE SITE AND ANY USE OF THE CONTENT SHALL BE AT YOUR SOLE RISK. WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, LEGITIMACY, VALIDITY, RELIABILITY, OPERABILITY OR AVAILABILITY OF THE CONTENT, INFORMATION OR MATERIAL DISPLAYED ON THE SITE. THE SITE (INCLUDING ALL CONTENT HEREIN) ARE PROVIDED “AS IS” AND ARE AVAILABLE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND ANY CONTENT HOSTED ON IT. WE DO NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ANY AND ALL WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING ANY WARRANTIES FOR ANY CONTENT, INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITE.
5. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO ANY USER ON ACCOUNT OF ANY USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE. WE DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, CONTENT, PRODUCT, SERVICES, OR PROCESSES DISCLOSED ON THE SITE OR ANY OTHER MATERIAL OR INFORMATION ACCESSIBLE FROM THE SITE.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
16. INDEMNITY
You shall indemnify, defend and hold us harmless, and all our officers, directors, owners, agents, employees, content providers, partners, suppliers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from Your use of the Site and/or Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without our prior written consent.
17. TERMINATION AND CONSEQUENCES
TheBayNet.com reserves the right to terminate or suspend your account. If You violate any of the Terms of Use or we have reasonable grounds to believe that You have violated any of the herein mentioned terms, we may at any point of time, either temporarily or indefinitely, terminate Your access to the Site or any part thereof without waiving any other rights and without giving any prior notice to You.
If You provide us with any information that is untrue, inaccurate, not current or incomplete, or we has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate Your access to the Site (or any portion thereof). Notwithstanding the above, we may at any point have the right to terminate Your access to the Site.
18. GOVERNING LAW AND JURISDICTION
The Terms of Use and any action related hereto shall be governed by the laws of the United States without reference to the conflict of laws provisions thereof. We and You hereby agree on behalf of yourselves and any person claiming by or through You that the sole and exclusive jurisdiction and venue for any litigation arising from or relating to the Terms of Use or the subject matter hereof shall be adjudicated at an appropriate federal or state court located in ST. Mary’s, Maryland U.S.A.
We make no representation that the Content and materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from locations where the Content is prohibited.
Users who access the Site from locations outside the United States do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical or personal data exported from the United States or the country in which You reside.
19. PRIVACY POLICY
Your use of this Site is subject to our Privacy Policy located at: TheBayNet.com/privacy-policy.
20. CUSTOMER SERVICE
Questions or comments regarding the Site or the Terms of Use may be submitted to our Customer Service at info@TheBayNet.com.
Postal Mail:
TheBayNet.com
45370 Alton Ln, Unit 101
California, MD 20619
THEBAYNET.COM RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS
ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO OUR REGISTERED USERS
In addition to being bound by the Terms of Use set forth above, Registered Users who purchase subscriptions to offer for sale products on the Site are also bound by the following terms, which are in addition to any other terms agreed to in connection with purchasing or renewing a subscription.
1. REGISTERED USER ELIGIBILITY; ACCURACY OF INFORMATION; REPRESENTATIONS.
Our services may only be used by Registered Users who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Each Registered User represents and covenants that all information submitted to us and to the Site during such Registered User’s registration with the Site shall be true and correct. Each Registered User further agrees to promptly provide notice to the Site regarding any updates to any such contact information previously submitted by such Registered User to the Site. Each Registered User agrees to promptly provide such proof of personal identification, proof of ownership of the product listed on the Site, and proof of authority to list the product as we may request. Each Registered User further represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for sale the products listed by such Registered User; (ii) it will accurately describe the subject product and will not fail to disclose a material defect in, or material information about a product; and (iii) that it will not fail to provide a refund when due in accordance with the underlying agreement for the product. Upon our request, each Registered User agrees to promptly provide to us such proof of personal identification, proof that the product is accurately described in the listing, proof of ownership of the product listed on the Site, and/or proof of authority to list the product as we may request.
2. CONTENT, LAYOUT AND COPY.
All content and copy edits submitted by Registered Users are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine, in our sole discretion, does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any Registered User. We reserve the right to edit content submitted to the Site in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements. Registered Users are responsible for reviewing and ensuring that any content displayed on the Site appears as the Registered User intended.
3. PHOTOGRAPHS.
All printed (paper based) photographs submitted by a Registered User will be discarded after we have scanned the same into our electronic database. We have no responsibility to return such photographs to you. We will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard./
Photographs should depict the product for sale as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party. We reserve the right not to display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.
By submitting a photograph either electronically through the Site or by mailing a paper photograph to our offices, the Registered User represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless TheBayNet.com and Registered User or user of the Site from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.
It is the Registered User’s responsibility to obtain reproduction permission for all photographic and other material used in its advertisements. The Registered User warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request.
Further, each Registered User agrees that we may reproduce in whole or in part any photographic material supplied by such Registered User in the promotion of either such Registered User’s product or the promotion of the Site.
4. HYPERTEXT LINKS.
We reserve the right to refuse hypertext links to, or addresses of, other web sites from Registered Users’ pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.
5. OUR RIGHT TO TERMINATE A LISTING.
If, in our sole discretion, any Registered User submits unsuitable material to our Site or into our database, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to terminate such Registered User’s subscription(s) and access to the Site immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a Registered User’s listing or practices that, in our sole discretion, warrants the immediate removal of such Registered User’s listing from the Site (for example, a Registered User engages in any practice that, in our sole discretion, would be considered unfair or improper, or if we receive a complaint that any listing’s content infringes on the rights of a third party), then we may immediately terminate such Registered User’s subscription(s) and access to the Site without notice to the Registered User and without refund. We assume no duty to investigate complaints. If any Registered User is abusive or offensive to any employee or representative of TheBayNet.com, we reserve the right to terminate such Registered User’s subscription(s) and access to the Site immediately without refund. Finally, if any Registered User is in breach of these Terms of Use or its obligations to us then we may terminate such Registered User’s subscription(s) and access to the Site immediately without notice to the Registered User and without refund.
TheBayNet.com is not responsible for your business dealings with merchants found on the site or their services.