TERMS & CONDITIONS
1) YOUR ACCEPTANCE
- At any time and from time to time, wantANDfound may modify these terms and the policies, or may modify, suspend or discontinue, temporarily or permanently, the wantANDfound products or the wantANDfound membership program (or any parts thereof). Modifications to these Terms & Conditions will be posted on the wantANDfound Site http://www.wantANDfound.com/terms) or made in compliance with any notice requirements set forth in these terms. Modifications to the wantANDfound products or the wantANDfound membership program will be effective upon posting to the wantANDfound Site. You agree that wantANDfound shall not be liable to you or to any third party for any modification, suspension or discontinuance of this agreement, the policies, the wantANDfound products or the wantANDfound membership program. Nothing in these terms shall be deemed to confer any third-party rights or benefits. By continuing to Participate after wantANDfound has posted any such modifications or provided any required notices, you agree to be bound by the modifications. Please review these terms and the policies regularly so that you will be apprised of any modifications. If any modification is not acceptable to you, your only recourse is to cease participation.
2) WEBSITE INCLUDES
- These Terms & Conditions apply to all users of the wantANDfound Website, including users who are members, non-members as well as publishers and/or sharers of listings content, and other materials or services on the Website. The wantANDfound Website includes all aspects of wantANDfound, including but not limited to all products, software and services offered via the website such as the wantANDfound "Facebook Widget" and other applications.
- The wantANDfound Website may contain links to third-party websites that are not owned or controlled by wantANDfound. wantANDfound has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, wantANDfound will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve wantANDfound from any and all liability arising from your use of any third-party website.
- In order to access some features of the Website, you will have to create a wantANDfound account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You will be responsible for safeguarding your password. You also take full responsibility for any actions under your password and Account, whether authorized by you or not. You are responsible for keeping your Account information current. You acknowledge and agree that wantANDfound will have no responsibility or liability, directly or indirectly, for: (i) the availability of the external websites or resources of such third party affiliates or partners; (ii) the acts or omissions of, or any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on, such third party affiliates or partners, regarding your Account; or (iii) failure to deliver notices or payments that result from inaccurate Account information.
- Although wantANDfound will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of wantANDfound or others due to such unauthorized use.
5) USE PERMISSIONS/RESTRICTIONS
wantANDfound hereby grants you permission to access and use the Website as set forth in these Terms & Conditions, provided that:
- You agree not to distribute in any medium any part of the Website, including but not limited to Product Listings (defined below), without wantANDfound's prior written authorization.
- You agree not to alter or modify any part of the Website, including but not limited to wantANDfound's Google Mapping Feature, Facebook Widget or any of its related technologies.
- You agree not to access User Submissions (Product Listings - defined below) or wantANDfound Content through any technology or means other than the mapping of listings themselves, viewing of listings, or other explicitly authorized means wantANDfound may designate.
- You agree not to use the Website for any commercial use, without the prior written authorization of wantANDfound. Prohibited commercial uses include any of the following actions taken without wantANDfound's express approval:
- sale of access to the Website or its related services on another website;
- use of the Website or its related services, for the primary purpose of gaining subscription revenue;
- and any use of the Website or its related services that wantANDfound finds, in its sole discretion, to use wantANDfound's resources or Product Listings with the effect of competing with or displacing the market for wantANDfound, wantANDfound content, or its Product Listings.
- Prohibited commercial uses do not include:
- uploading an original product listing to wantANDfound, to promote your business or artistic enterprise;
- using the Facebook Widget or other provided widgets to show wantANDfound content on an ad-enabled blog or website, provided the primary purpose of using the widgets is not to compete with wantANDfound;
- any use that wantANDfound expressly authorizes in writing.
- If you use the wantANDfound widget on your website, you must include a prominent link back to the wantANDfound website on the pages containing the widget and you may not modify, build upon, or block any portion of the widget in any way.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the wantANDfound servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, wantANDfound grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. wantANDfound 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 (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
- In your use of the website, you will otherwise comply with the terms and conditions of these Terms & Conditions, wantANDfound Community Guidelines, and all applicable local, national, and international laws and regulations.
- wantANDfound reserves the right to discontinue any aspect of the wantANDfound Website at any time.
6) USE – SITE CONTENT
- The content on the wantANDfound Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, podcasts, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to wantANDfound, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you “as is” for your information and personal use only and may not be downloaded, 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. wantANDfound reserves all rights not expressly granted in and to the Website and the Content.
- You may access User Submissions solely:
- for your information and personal use;
- as intended through the normal functionality of the wantANDfound Site
- User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the wantANDfound Site. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the wantANDfound Site or otherwise as prohibited under this agreement.
- You may access wantANDfound Content, User Submissions and other content only as permitted under this agreement. wantANDfound reserves all rights not expressly granted in and to the wantANDfound Content and the wantANDfound Site.
- 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.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the wantANDfound Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the wantANDfound Website or the Content therein.
- You understand that when using the wantANDfound Website, you will be exposed to User Submissions from a variety of sources, and that wantANDfound 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 wantANDfound with respect thereto, and agree to indemnify and hold wantANDfound, 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.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the wantANDfound Website.
7) USER SUBMISSION & CONDUCT
- As a wantANDfound account holder you may submit product listings ("Content") and textual content ("Comments"). User Content and User Comments are collectively referred to as "User Submissions." you understand that whether or not such User Submissions are published, wantANDfound does not guarantee any confidentiality with respect to any User Submissions.
- 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: you own or have the necessary licenses, rights, consents, and permissions to use and authorize wantANDfound 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 & Conditions.
- For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to wantANDfound, you hereby grant wantANDfound a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the wantANDfound Website and wantANDfound's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the wantANDfound Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the wantANDfound Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms & Conditions. The above licenses granted by you in User Submissions terminate within a commercially reasonable time after you remove or delete your product listings from the wantANDfound Site. You understand and agree, however, that wantANDfound may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
- In connection with User Submissions, you further agree that you will not 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 wantANDfound all of the license rights granted herein.
- You further agree that you will not, in connection with User Submissions, submit material that is contrary to the wantANDfound Community Guidelines, found at http://www.wantANDfound.com/community, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
- wantANDfound does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and wantANDfound expressly disclaims any and all liability in connection with User Submissions. wantANDfound does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and wantANDfound will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. wantANDfound reserves the right to remove Content and User Submissions without prior notice.
8) ACCOUNT TERMINATION
- wantANDfound will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat or flagrant infringer. In the event of an account termination, wantANDfound will cancel membership immediately and will not refund site membership fees.
- wantANDfound reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms & Conditions for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. wantANDfound may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.
9) Click Fraud
- You will not, and will not authorize any party to, directly or indirectly, generate automated, fraudulent or otherwise invalid Advertising Actions. If, in wantANDfound’s reasonable business judgment, Advertising Actions or activity related to Your Profile is suspected or determined to be so-called "click fraud" or "impression fraud", whether in any automated or human way, by the use of a person, an automated script or a computer program (for example, online robots or "bots") to click on an Ad, or any other fraudulent means, to increase impressions, skew results or imitate a legitimate user of a web browser, for example, by clicking on an Ad for the purpose of generating an improper click value and generating revenue (collectively, "Action Fraud"), wantANDfound reserves the right to suspend or cancel at any time and without notice Your Profile, or deduct or withhold payments related to any Video/Podcast Content, that wantANDfound, in its sole discretion, determines to be in violation of this Section. wantANDfound may suspend or otherwise disable Your Profile until such time as the matter is resolved to wantANDfound's satisfaction.
10) Adult Content
- You will not use the wantANDfound Site for any purpose or in any manner to display, post or make available any sexual, pornographic or erotic material nor upload, email, post, publish, distribute, transmit, submit or otherwise make available through the wantANDfound Site any Content, Ads or Comments, that is of, or is suggestive of, a sexual, pornographic or erotic nature ("Adult Content"). Examples of content that wantANDfound, in its sole discretion, considers to be Adult Content include, but are not limited to material that is pornographic, obscene, indecent or profane in its use of sexual language or description or depictions of sexual acts. If wantANDfound finds Content that it determines, in its sole discretion, contains Adult Content, wantANDfound may, without notice, remove or block access to such Content. wantANDfound reserves the right to suspend or cancel at any time and without notice Your Profile, or deduct or withhold payments related to any Content or Ads, which wantANDfound, in its sole discretion, determines to be in violation of this Section. wantANDfound will take all appropriate steps with Content that wantANDfound believes violates applicable laws, including cooperation with any law enforcement investigation. If you see content that you believe is Adult Content or is in violation of law or this Section, you should contact privacy@wantANDfound.com immediately.
11) Copyright Infringement
- You will not use the wantANDfound Site for any purpose or in any manner that infringes the copyrights of any third party, nor will You upload, email, post, publish, distribute, transmit, submit or otherwise make available through the wantANDfound Site any content, that infringes the copyrighted works or violates the intellectual property rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA") (the text of which may be found on the U.S. Copyright Office website at http://lcweb.loc.gov/copyright/), it is wantANDfound’s policy to respond to notices of any actual or alleged infringement that are reported to wantANDfound’s "Designated Copyright Agent" and that comply with the DMCA. It is wantANDfound’s policy to terminate the Profiles of users of repeat infringers or of users repeatedly charged with infringement, in appropriate circumstances. If you believe that a work has been copied in a way that constitutes copyright infringement, you should send a notice of infringement to wantANDfound’s Designated Copyright Agent in accordance with wantANDfound’s Copyright Policy, incorporated herein, to privacy@wantANDfound.com.
12) DIGITAL MILLENNIUM COPYRIGHT ACT
- 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 wantANDfound with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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; and
- 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.
- Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent (privacy@wantANDfound.com):
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and electronic mail address, a statement that you consent to the jurisdiction of the federal court in Austin, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, wantANDfound may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at wantANDfound's sole discretion.
13) WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE WANTANDFOUND WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WANTANDFOUND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WANTANDFOUND 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 OMISSIONS IN 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 WANTANDFOUND WEBSITE. WANTANDFOUND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WANTANDFOUND WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WANTANDFOUND 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.
14) LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WANTANDFOUND, 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 WANTANDFOUND WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 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 WANTANDFOUND 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 wantANDfound from its facilities in the United States of America. wantANDfound makes no representations that the wantANDfound Website is appropriate or available for use in other locations. Those who access or use the wantANDfound Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless wantANDfound, 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 wantANDfound Website; (ii) your violation of any term of these Terms & Conditions; (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 & Conditions and your use of the wantANDfound Website.
16) ABILITY TO ACCEPT T&C
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 & Conditions, and to abide by and comply with these Terms & Conditions. In any case, you affirm that you are over the age of 13, as the wantANDfound Website is not intended for children under 13. If you are under 13 years of age, then please do not use the wantANDfound Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by wantANDfound without restriction.