Terms
of Use
1. ACCEPTANCE
By using the service offered by WantOutlet.com (the “Service”),
you are agreeing to comply with these Terms of Use. Should
you object to any term or condition contained herein, or any
subsequent modifications hereto, or become dissatisfied with
the Service in any way, your only recourse is to immediately
stop using the Service. We reserve the right, in our sole
discretion, to change, modify or otherwise alter these Terms
of Use. Such modifications will become effective immediately
upon posting. You must review these Terms of Use on a regular
basis to keep apprised of any changes that may affect you.
|
2. CONTENT
You agree that all postings, messages, text, files, images,
photos, video, sounds, or other materials (“Content”)
posted on, transmitted through, or linked from the Service
are the sole responsibility of the user of the Service who
originated the Content, As Content is not pre-screened or
pre-approved by us. Please note that you are responsible for
each individual item of Content that you post, email or otherwise
make available via the Service. You acknowledge and agree
that WantOutlet.com does not control, and is not responsible
for, Content made available through the Service and that by
using the Service, you may be exposed to Content that is offensive,
indecent, inaccurate, misleading, or otherwise objectionable.
Further, the Service may contain links to other websites,
which are completely independent of WantOutlet.com. WantOutlet.com
makes no representation or warranty as to the accuracy, completeness
or authenticity of the information contained in any such site.
Your linking to any other website is at your own risk. You
agree that under no circumstances will WantOutlet.com be responsible
or liable in any way for any Content or for any loss or damage
of any kind incurred by you as a result of the use of any
Content posted, emailed or otherwise made available via the
Service. WantOutlet.com may, however, refuse, remove, or delete
Content that is available via the Service if, in WantOutlet.com’s
sole discretion, it believes the Content violates these Terms
of Use or law.
|
3. INTERACTIONS WITH
THIRD PARTIES
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
should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with
any third party.
You agree that WantOutlet.com 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 WantOutlet.com is under
no obligation to become involved. In the event that you have
a dispute with one or more other users, you hereby release
WantOutlet.com, its officers, owners, employees, and agents,
and their respective successors and assigns from any 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 related to such
disputes and/or the 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.”
|
4. PRIVACY
WantOutlet.com has established a Privacy
Policy to explain to users how their information is collected
and used, which is located at the following web address: http://www.wantoutlet.com/privacypolicy.asp.
Your use of the WantOutlet.com website and the Service signifies
your acknowledgement of and agreement to our Privacy
Policy.
|
5. CONDUCT
If you are a Posting Agent, i.e., a third-party agent, service,
or intermediary that offers to post Content to the Service
on behalf of others, you are not authorized to use the Service.
You agree not to post, email, or otherwise make available
Content:
- That involves any form of cruelty or suffering of animals;
- That is unlawful, harmful, threatening, abusive, harassing,
defamatory, libelous, invasive of another’s privacy,
or is harmful to minors in any way;
- That is pornographic or depicts a human being engaged
in a sexual act of any kind;
- 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 violates the Fair Housing Act by stating, in any
notice or ad for the sale or rental of any dwelling, a discriminatory
preference based on race, color, national origin, religion,
sex, familial status or handicap (or violates any state
or local law prohibiting discrimination on the basis of
these or other characteristics);
- That violates federal, state or local equal employment
opportunity laws, including but not limited to, stating
in any advertisement for employment a preference or requirement
based on race, color, religion, sex, national origin, age,
or disability;
- That impersonates any person or entity, including, but
not limited to, an WantOutlet.com employee, or falsely states
or otherwise misrepresents your affiliation with a person
or entity (this provision does not apply to Content that
constitutes lawful, non-deceptive parody of public figures);
- That includes personal or identifying information about
another person without that person’s explicit consent;
- That is false, deceptive, misleading, deceitful, misinformative,
or constitutes “bait and switch;”
- That infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any person, 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 posted in areas of the WantOutlet.com
site which are not designated for such purposes; or emailed
to WantOutlet.com users who have not indicated in writing
that it is okay to contact them about services, products,
or commercial interests;
- That includes links to commercial services or web sites,
except as allowed in “The Service”;
- That advertises any illegal service or the sale of any
items the sale of which is prohibited or restricted by any
applicable law. A partial list of prohibited items or services
for sale is listed for your convenience at http://www.wantoutlet.com/prohibiteditems;
- 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
amount of Content (flooding attack) 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.
In addition, you agree not to:
- Contact anyone who has asked not to be contacted;
- “Stalk” or otherwise harass anyone;
- Collect personal data about other users for commercial
or unlawful purposes;
- Use automated means, including spiders, robots, crawlers,
data mining tools, or the like to download data from the
Service, - unless expressly permitted by WantOutlet.com
- Post non-local or otherwise irrelevant Content, repeatedly
post the same or similar Content or otherwise impose an
unreasonable or disproportionately large load on our infrastructure;
- Attempt to gain unauthorized access to WantOutlet.com’s
computer systems or engage in any activity that disrupts,
diminishes the quality of, interferes with the performance
of, or impairs the functionality of, the Service of the
WantOutlet.com website; or
- Use any form of automated device or computer program
that enables the submission of postings on WantOutlet.com
without each posting being manually entered by the author
thereof (an “automated posting device”), including
without limitation, the use of any such automated posting
device to submit postings in bulk, or for automatic submission
of postings at regular intervals.
- Use a Posting Agent.
|
6. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements
to WantOutlet.com email addresses or through WantOutlet.com
computer systems, which is expressly prohibited by these Terms
of Conditions, is unlawful in certain states, and that such
violations may subject the sender and his or her agents to
civil and criminal penalties.
|
7. LIMITATIONS ON SERVICE
You acknowledge that WantOutlet.com 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 WantOutlet.com has no responsibility or liability
for the deletion or failure to store any Content maintained
or transmitted by the Service. You acknowledge that WantOutlet.com
reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and
that WantOutlet.com shall not be liable to you or to any third
party for any modification, suspension or discontinuance of
the Service.
|
8. ACCESS TO THE SERVICE
WantOutlet.com grants you a limited, revocable, nonexclusive
license to access the Service for your own personal use, subject
to these Terms of Use.
WantOutlet.com permits you to display on your own website,
or create a hyperlink on your website to, individual postings
on the Service, so long as such use is for noncommercial purposes
only (e.g., for use in personal web blogs or personal online
media). If the total number of such posting displayed or linked
to on your website exceeds one hundred (100) postings, your
use will be presumed to be in violation of these Terms of
Use.
|
9. TERMINATION OF SERVICE
You agree that WantOutlet.com, 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 WantOutlet.com believes that you have
acted inconsistently with the letter or spirit of these Terms
of Use. Further you agree that WantOutlet.com 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 WantOutlet.com has terminated your access.
Sections 10, 11, 12, 13, and 14 shall survive the termination
of these Terms of Use.
|
10. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted
by copyright laws and international treaties. Content displayed
on or through the Service is protected by copyright as a collective
work and/or compilation, pursuant to copyright laws, and international
conventions. Any reproduction, modification, creation of derivative
works from or redistribution of the site or the collective
work, and/or copying or reproducing the sites or any portion
thereof to any other server or location for further reproduction
or redistribution is prohibited without the express written
consent of WantOutlet.com. You further agree not to reproduce,
duplicate or copy Content from the Service without the express
written consent of WantOutlet.com, and agree to abide by any
and all copyright notices displayed on the Service. You may
not decompile or disassemble, reverse engineer, or otherwise
attempt to discover any source code contained in the Service.
Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial
purposes, any aspect of the Service.
Although WantOutlet.com does not claim ownership of Content
that its users post, by posting Content to any public area
of the Service, you automatically grant, and you represent
and warrant that you have the right to grant, to WantOutlet.com
an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute said
Content and to prepare derivative works of, or incorporate
into other works, said Content and to grant and authorize
sublicensees (through multiple tiers) of the foregoing. Furthermore,
by posting Content to any public area of the Service you automatically
grant WantOutlet.com all rights necessary to prohibit any
subsequent aggregation, display, copying, duplication, reproduction,
or exploitation of the content on the Service by any part
for any purpose.
|
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE WANTOUTLET.COM SITE AND THE SERVICE
IS ENTIRELY AT YOUR OWN RISK. THE WANTOUTLET.COM SITE AND
THE SERVICE ARE PROVIDED ON AN “AS IS”/”AS
AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PUPORSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY
DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE
FULLEST EXTENT PERMITTED BY LAW, WANTOUTLET.COM DISCLAIMS
ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
ACCURACY, AND PERFORMANCE OF THE WANTOUTLET.COM SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITED BY LAW, WANTOUTLET.COM
DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE WANTOUTLET.COM SITE OR VIA THE
SERVICE, OR ACCESS THROUGH ANY LINKS ON THE WANTOUTLET.COM
SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WANTOUTLET.COM
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS
IN CONNECTION WITH THE WANTOUTLET.COM SITE OR THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED
WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS
MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
|
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WANTOUTLET.COM BE LIABLE FOR
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES (EVEN IF WANTOUTLET.COM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF
THE WANTOUTLET.COM SITE OR THE SERVICE, WEHTHER THE DAMAGES
ARISE FROM USE OR MISUSE OF THE WANTOUTLET.COM SITE OR THE
SERVICE, FROM INABILITY TO USE THE WANTOUTLET.COM SITE OR
THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION,
ALTERATION OR TERMINATION OF THE WANTOUTLET.COM SITE OR THE
SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE WANTOUTLET.COM
SITE OR THE SERVICE OR ANY LINKS ON THE WANTOUTLET.COM SITE,
AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE WANTOUTLET.COM
SITE OR THE SERVICE OR ANY LINKS ON THE WANTOUTLET.COM SITE.
IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED.
IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY
NOT APPLY TO YOU.
|
13. INDEMNITY
You agree to indemnify and hold WantOutlet.com, its owners,
officers, affiliates, employees, agents, successors and assigns,
harmless from any claim or demand, including reasonable attorneys’
fees and court costs, made by any third party due to or arising
out of Content that you submit, post, or make available through
the Service, your use of the Service, your violation of these
Terms of Use, your breach of any representations and warranties
contained herein, or your violation of the rights of another.
|
14. GENERAL
These Terms of Use constitute the entire agreement between
you and WantOutlet.com and govern your use of the Service,
superseding any prior oral or written agreements between you
and WantOutlet.com concerning the subject matter hereof. These
Terms of Use and the relationship between you and WantOutlet.com
shall be governed by the laws of the State of Maryland, without
regard to its conflicts of law provisions. You and WantOutlet.com
agree to submit to the personal and exclusive jurisdiction
of the courts located with the County of Montgomery, State
of Maryland. The failure of WantOutlet.com to exercise or
enforce any right or provision of these Terms of Use shall
not constitute a waiver of such right or provision. The provisions
of this Agreement are independent of and separable from each
other, and no provision shall be affected or rendered invalid
or unenforceable by virtue of the fact that for any reason
other or others of them may be invalid or unenforceable in
whole or in part. 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 the Service or these Terms of
Use must be filed within one (1) year after such claim or
cause of action arose or be forever barred. Should it be necessary
to institute legal action against you, you agree to reimburse
WantOutlet.com for its attorneys’ fees and court costs
if WantOutlet.com is the prevailing party in any such action. |
|
|