TERMS AND CONDITIONS
To better serve you and to clarify our service, we have drawn up an
agreement of our terms and conditions. In order to use our service,
you must read and accept all of the terms and conditions of this
agreement and in the Privacy Policy. If you do not agree to be bound
by the terms after you read this Agreement, you may not use our
service. 1. The Service and Terms
Savingbay provides a collection of online resources, including
classified ads and a business directory (referred to hereafter as
"the Service"). The Service is provided by the Savingbay, and is
subject to the following Terms of Use ("Terms"), which may be
updated by the Savingbay. from time to time. The Savingbay. will
provide notice of materially significant changes to the Terms by
posting notice on the Savingbay homepage. You must be at least 17
years of age to use this Service. By using the Service in any way,
you are agreeing to comply with these terms.
2. Notification of Claims of Infringement
If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please notify the Savingbay'
agent for notice of claims of copyright or other intellectual
property infringement ("Agent") by contacting us. Please provide our
Agent with the following Notice:
Identify the copyrighted work or other intellectual property
that you claim has been infringed;
Identify the material on the Savingbay site that you claim is
infringing, with enough detail so that we may locate it on the
website;
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 declaring under penalty of perjury that (a)
the above information in your Notice is accurate, and (b) that you
are the owner of the copyright interest involved or that you are
authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.
The Savingbay will remove the infringing posting(s), subject to
the the procedures outlined in the Digital Millennium Copyright Act
(DMCA).
3. Privacy and Information Disclosure
Please review our Privacy Policy. Your use of the Savingbay website
or the Service signifies acknowledgement of and agreement to our
Privacy Policy.
4 . Conduct
You agree not to post, email, or otherwise make available Content:
that is unlawful, harmful, threatening, abusive, harassing,
defamatory, pornographic, libelous, invasive of another's privacy,
or harms minors in any way;
that harasses, degrades, intimidates or is hateful toward an
individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, or disability;
that impersonates any person or entity, including, but not
limited to, an Savingbay employee, or falsely states or otherwise
misrepresents your affiliation with a person or entity;
that includes personal or identifying information about
another person without that person's explicit consent.
that is false, deceptive, misleading, deceitful, or mis
informative.
that infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party, or Content that you do
not have a right to make available under any law or under
contractual or fiduciary relationships.
that constitutes or contains "affiliate marketing," "link
referral code," "junk mail," "spam," "chain letters," "pyramid
schemes," or unsolicited commercial advertisement.
that constitutes or contains any form of advertising or
solicitation if (1) posted in areas of the Savingbay sites which
are not designated for such purposes; or (2) emailed to Savingbay
users who have requested not to be contacted about other services,
products or commercial interests.
that includes links to commercial services or web sites,
except as allowed in "services".
that advertises any illegal services or the sale of any items
the sale of which is prohibited or restricted by applicable law,
including without limitation items the sale of which is prohibited
or regulated by California law.
that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment;
that disrupts the normal flow of dialogue with an excessive
number of messages to the Service, or that otherwise negatively
affects other users' ability to use the Service; or
that employs misleading email addresses, or forged headers or
otherwise manipulated identifiers in order to disguise the origin
of Content transmitted through the Service.
5 . No Spam Policy
You understand and agree that sending unsolicited email
advertisements to Savingbay email addresses or through Savingbay
computer systems, which is expressly prohibited by these Terms, will
use or cause to be used servers located in California. Any
unauthorized use of Savingbay computer systems is a violation of
these Terms and certain federal and state laws, including without
limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et
seq.), Section 502 of the California Penal Code and Section 17538.45
of the California Business and Professions Code. Such violations may
subject the sender and his or her agents to civil and criminal
penalties.
6 . Limitations on Service
You acknowledge that the Savingbay may establish limits concerning
use of the Service, including the maximum number of days that
Content will be retained by the Service, the maximum number and size
of postings, email messages, or other Content that may be
transmitted or stored by the Service, and the frequency with which
you may access the Service. You agree that the Savingbay has no
responsibility or liability for the deletion or failure to store any
Content maintained or transmitted by the Service. You acknowledge
that the Savingbay reserves the right at any time to modify or
discontinue the Service (or any part thereof) with or without
notice, and that Savingbay shall not be liable to you or to any
third party for any modification, suspension or discontinuance of
the Service.
7 . Termination of Service
You agree that the Savingbay in its sole discretion, has the right
(but not the obligation) to delete or deactivate your account, block
your email or IP address, or otherwise terminate your access to or
use of the Service (or any part thereof), immediately and without
notice, and remove and discard any Content within the Service, for
any reason, including, without limitation, if the Savingbay believes
that you have violated these Terms. Further, you agree that the
Savingbay shall not be liable to you or any third-party for any
termination of your access to the Service. Further, you agree not to
attempt to use the Service after said termination.
8 . Dealings with Organizations and Individuals
Your interactions with organizations and/or individuals found on or
through the Service, including payment and delivery of goods or
services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between
you and such organizations and/or individuals. You agree that the
Savingbay shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings. If there is
a dispute between participants on this site, or between users and
any third party, you understand and agree that the Savingbay is
under no obligation to become involved. In the event that you have a
dispute with one or more other users, you hereby release the
Savingbay, its officers, employees, agents and successors in rights
from claims, demands and damages (actual and consequential) of every
kind or nature, known or unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way related to
such disputes and / or our service. If you are a California
resident, you waive California Civil Code Section 1542, which says:
"A general release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing
the release, which, if known by him must have materially affected
his settlement with the debtor."
9 . Indemnity
You agree to indemnify and hold the Savingbay site , its officers,
subsidiaries, affiliates, successors, assigns, directors, officers,
agents, service providers, suppliers and employees, harmless from
any claim or demand, including reasonable attorney fees and court
costs, made by any third party due to or arising out of Content you
submit, post or make available through the Service, your use of the
Service, your violation of the Terms, your breach of any of the
representations and warranties herein, or your violation of any
rights of another.
10 . General Information
The Terms and the relationship between you and the Savingbay shall
be governed by the laws of the State of California without regard to
its conflict of law provisions. You and the Savingbay agree to
submit to the personal and exclusive jurisdiction of the courts
located within the county of Alameda, California. The failure of the
Savingbay to exercise or enforce any right or provision of the Terms
shall not constitute a waiver of such right or provision. If any
provision of the Terms is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Terms remain in full
force and effect.
11 . Violations of Terms
Please report us any known violations of the Terms
