Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Mendocino Swap Shop, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
- Your mendocinoswapshop.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Mendocino Swap Shop may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Mendocino Swap Shop liability. You must immediately notify Mendocino Swap Shop of any unauthorized uses of your blog, your account or any other breaches of security. Mendocino Swap Shop will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Mendocino Swap Shop or otherwise.
By submitting Content to Mendocino Swap Shop for inclusion on our Website, you grant Mendocino Swap Shop a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. If you delete Content, Mendocino Swap Shop will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Mendocino Swap Shop has the right (though not the obligation) to, in Mendocino Swap Shop sole discretion (i) refuse or remove any content that, in Mendocino Swap Shop reasonable opinion, violates any Mendocino Swap Shop policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Mendocino Swap Shop sole discretion. Mendocino Swap Shop will have no obligation to provide a refund of any amounts previously paid.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which mendocinoswapshop.com links, and that link to mendocinoswapshop.com. Mendocino Swap Shop does not have any control over those non-Mendocino Swap Shop websites and webpages, and is not responsible for their contents or their use. By linking to a non-Mendo news website or webpage, Mendo news does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Mendocino Swap Shop disclaims any responsibility for any harm resulting from your use of non-Mendo news websites and webpages.
Copyright Infringement and DMCA Policy. As Mendocino Swap Shop asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by mendocinoswapshop.com violates your copyright, you are encouraged to notify Mendocino Swap Shop in accordance with Mendocino Swap Shop Digital Millennium Copyright Act (“DMCA”) Policy. Mendocino Swap Shop will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Mendocino Swap Shop will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Mendocino Swap Shop or others. In the case of such termination, Mendocino Swap Shop will have no obligation to provide a refund of any amounts previously paid to Mendocino Swap Shop.
- Intellectual Property. This Agreement does not transfer from Mendocino Swap Shop to you any Mendocino Swap Shop or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Mendocino Swap Shop. Mendocino Swap Shop, mendocinoswapshop.com, the mendocinoswapshop.com logo, and all other trademarks, service marks, graphics and logos used in connection with mendocinoswapshop.com, or the Website are trademarks or registered trademarks of Mendocino Swap Shop or Mendocino Swap Shop licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Mendocino Swap Shop or third-party trademarks.
- Changes. Mendocino Swap Shop reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Mendocino Swap Shop may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Disclaimer of Warranties. The Website is provided “as is”. Mendocino Swap Shop and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Mendocino Swap Shop nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Indemnification. You agree to indemnify and hold harmless Mendocino Swap Shop, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Mendocino Swap Shop and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Mendocino Swap Shop, or by the posting by Mendocino Swap Shop of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of California, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Mendocino County. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Fort Bragg, California, in the English/Spanish languages and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Mendocino Swap Shop may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Mendocino Swap Shop (“Mendocino Swap Shop“) operates www.mendocinoswapshop.com and may operate other websites. It is Mendocino Swap Shop policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Mendocino Swap Shop collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Mendocino Swap Shop purpose in collecting non-personally identifying information is to better understand how Mendocino Swap Shop visitors use its website. From time to time, Mendocino Swap Shop may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Mendocino Swap Shop also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on www.mendocinoswapshop.com blogs/sites. Mendocino Swap Shop only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Mendocino Swap Shop websites choose to interact with Mendocino Swap Shop in ways that require Mendocino Swap Shop to gather personally-identifying information. The amount and type of information that Mendocino Swap Shop gathers depends on the nature of the interaction. For example, we ask visitors who sign up at mendocinoswapshop.com to provide a username and email address. Those who engage in transactions with Mendocino Swap Shop are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Mendocino Swap Shop collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Mendocino Swap Shop. Mendocino Swap Shop does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Mendocino Swap Shop may collect statistics about the behavior of visitors to its websites. Mendocino Swap Shop may display this information publicly or provide it to others. However, Mendocino Swap Shop does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Mendocino Swap Shop discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Mendocino Swap Shop behalf or to provide services available at Mendocino Swap Shop websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Mendocino Swap Shop websites, you consent to the transfer of such information to them. Mendocino Swap Shop will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Mendocino Swap Shop discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Mendocino Swap Shop believes in good faith that disclosure is reasonably necessary to protect the property or rights of Mendocino Swap Shop, third parties or the public at large. If you are a registered user of an Mendocino Swap Shop website and have supplied your email address, Mendocino Swap Shop may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Mendocino Swap Shop and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Mendocino Swap Shop takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Mendocino Swap Shop, or substantially all of its assets, were acquired, or in the unlikely event that Mendocino Swap Shop goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Mendocino Swap Shop may continue to use your personal information as set forth in this policy.