Textbookbarter.com Privacy Policy

Welcome to the Textbookbarter.com website (the “Website”) operated by TextbookBarter (hereinafter “Company,” “we,” “our,” or “us”). The following describes the terms on which Company offers you access to our Websites and services offered and provided through the Websites (the “Services”). By visiting, accessing, utilizing, reviewing, and/or participating in the Website or the Services, you agree to the following conditions, terms and guidelines (the “Terms”). These Terms also apply to any Services offered through the Website.

If you do not agree with the terms of these Terms, do not access or continue to access use Website or Services. We reserve the right to change these Terms from time to time. Users of the Website are advised to please refer back to these Terms periodically to review any changes we may make from time to time. Any major changes to the Terms will be indicated on the Website. By continuing to use the Website or the Services, you warrant and represent that you have the authority to enter into this agreement.

1.  PRIVACY

Please review our Privacy Policy, which also governs your visit to the Website.

2.  COMMUNICATIONS

When you visit Company or send e-mails to us, you are communicating with us and you consent to us responding to you with that e-mail address. In order to provide you information, we will communicate with you by e-mail or by posting notices on our Websites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3.  COPYRIGHTS

Company claims a copyright, and all copyright protection afforded, under international, United States and New York laws to all content included on our Websites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software (ours or our software suppliers). No one may use these copyrighted materials in connection with any product or service that is not Company's without its express written permission.

4.  TRADEMARKS

The Website and other graphics, logos, page headers, button icons, scripts and service names that Company uses, manages or controls are trademarks, registered trademarks or trade dress of Company or one or more of its affiliates in the United States or other countries or both. No one may use these trademarks and trade dress in connection with any product or service that is not Company's without its express written permission. All other trademarks that appear on our Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Company or any of its affiliates.

Company also claims copyright rights in our own original works of authorship that appear on our Websites and to all the materials described above in the "Copyright" section. This includes, but is not limited to, our own text, pictures and designs.

5.  LICENSE AND WEBSITE ACCESS

Company grants you a limited license to access and make personal or authorized commercial use of our Websites and modify it, or any portion of it, except with express written consent of Company. This license does not include or allow for your use, resale or commercial use of the Website and/or its contents; any collection and use of any product listings, descriptions, prices, or Services; any derivative use of our Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.

No one may reproduce, duplicate, copy, sell, resell, visit or otherwise exploit any portion of our Websites for any commercial purpose without express written consent of Company - if you should do so without our permission, it will automatically terminate your license and any other expression of our permission to use this Website.

6.  CONFIDENTIALITY, AGE OF USE, AND SERVICE

If you use our Websites, you are responsible for maintaining the confidentiality of your account and password (if applicable) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Website and Services are not intended to be used by anyone under the age of 13 and Company does not permit anyone under the age of 13 to use the Website or Services.

Company and its affiliates reserve the right to refuse Services to anyone, terminate any account, remove or edit content, or cancel orders in their sole discretion.

7.  POSTING INFORMATION

You acknowledge that you are solely responsible for any information that you post on this Website. You understand and agree that anything you post on this Website may be viewed by the public. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside. You agree not to attempt illegal or unauthorized entry into our computer system, not to attempt to access sensitive system information, not to access or track the information of other users, and not to use this Website for any other illegal or unauthorized activity. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity.

You agree not to post or send us any information that is false or misleading; unlawful to post for any reason; derogatory, profane or obscene; hateful or otherwise improper on the basis of gender, race, religion, disability, national origin, ancestry, or any other basis; is intended to financially benefit you or competitor websites; contains damaging software such as viruses or worms; contains unsolicited or unauthorized advertising or promotional materials; constitutes junk mail, spam, chain emails, or similar communications; or is otherwise objectionable. We reserve the right to edit or remove any such information.

In addition, you hereby grant Company a royalty-free, perpetual, worldwide, fully sublicensable and irrevocable right and license to use, reproduce, modify, publish, translate, and display the information that you post on the Website in any manner and through any media, that Company desires, free of charge and without having to provide any notice to you, except as would conflict with the Privacy Statement posted on this Website. You grant Company and its sublicensees the right to use the name that you submit in connection with such content, if they choose.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Company for all claims resulting from content you supply. Company has the right but not the obligation to monitor and edit or remove any activity or content. Company takes no responsibility and assumes no liability for any content posted by you or any third party.

8.  8. LINKS TO OTHER WEBSITES

The Website may contain links to other websites. By providing links to other sites, Company does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Company Website in question.

Company does not operate or control and has no responsibility for the information, content, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

Visiting any such external sites is at your own risk.

9.  PRODUCTS

Company does not describe the products that sellers who use its Websites sell via its platform. The sellers describe these products. Therefore, Company does not warrant that any product descriptions or other content of our Websites are accurate, complete, reliable, current or error-free.

10.  PRICES

Except where noted otherwise, prices displayed for products on our Websites represent the seller's price, not ours. This price may or may not represent the prevailing price in every area on any particular day.

11.  TERMINATION POLICY

You may delete or temporarily suspend your account with any Website at any time. When suspended, your profile will be invisible until you reactivate your account. If you choose to delete your account, all of your information will be deleted from the Websites and our servers. If your profile is suspended or terminated, Company will retain the right to delete or to continue to use and not delete, in its sole discretion, anything you have submitted to the Website.

Company may terminate your account or access to the Websites if, under appropriate circumstances, Company determines you violated any of these Terms. If Company terminates your access to the Websites or you delete your account, your submissions, comments and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos of the products you have submitted), but those materials and data may persist and appear within the Websites. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.

Company reserves the right to decide whether anything you submit violates these Terms for reasons other than copyright infringement, such as, but not limited to violations of law, or under contractual or fiduciary relationships, fraud, pornography, obscenity, or illegal or offensive content. Company may at any time, without prior notice and in its sole discretion, remove such submissions and/or deactivate or delete your account for submitting such material in violation of these Terms may and/or bar any further access to such files or the Websites. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Websites, may be referred to appropriate law enforcement authorities.

In accordance with the DMCA and other applicable laws, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, users who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Websites and/or terminate the accounts of any users who infringe any IP Rights or Personal Rights of others, whether or not there is any repeat infringement.

12.  DISCLAIMER OF WARRANTIES

OUR WEBSITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITES AND THE SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT OUR SITES; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITES; THEIR SERVERS; OR E-MAIL SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

13.  GOVERNING LAW

These Terms are governed by, and are to be interpreted in accordance with, the laws of the State of New York, United States of America. You hereby agree that any legal action relating in any manner to these Terms must be brought in New York County, New York, United States of America, and you consent to the exclusive jurisdiction and venue of competent courts in such county and state. In addition, you hereby agree to waive the defenses of lack of personal jurisdiction and improper venue, and you waive your right to a jury trial. You also agree to waive any right you may have to commence or participate in any class action against Company related to this Website, these Terms, or the Services.

14.  MODIFICATION AND SEVERABILITY

We reserve the right to make changes to our Website, policies, and these Terms at any time. If a court should decide that any of these Terms are invalid, void or for any reason unenforceable, the remaining Terms will remain in effect and fully enforceable.

15.  LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITES OR THE SERVICES, INFORMATION, PRODUCTS, SOFTWARE, OR OTHER CONTENT ON THE WEBSITES, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED (I.E., WARRANTY, CONTRACT, OR TORT), AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR CONTENT 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. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY COMPANY, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY COMPANY.

16.  INDEMNIFICATION

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of any and all Websites, Services, products and their content remains with you. You agree to defend, indemnify, and hold Company, its officers, directors, members, employees, affiliates, and agents, harmless from and against any claims, liabilities, damages losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) your access to or use of the Websites, Services, Material, Products, Information, or Content; (b) your product submissions for use in the Services; (c) your violation of these Terms or any laws; (d) your violation of any third party right, including without limitation any IP rights or Personal Rights; or (e) any claim that your product submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Websites.

17.  COMPLAINTS ABOUT INTELLECTUAL PROPERTY

Company respects the intellectual property of others. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your intellectual property of the intellectual property of others has has been copied or utilized in a way that constitutes infringement of the intellectual property rights, please contact Company's at the address below with written information regarding the alleged infringement:

18.  OTHER COMPANY POLICIES AND GUIDELINES

Company has additional policies, including a Privacy Policy, which govern your use of the Website and Services. These policies, if applicable, will be available for your review on the Website. These policies change from time to time, and the new versions will become effective when Company posts them on the Website. Therefore, we encourage you to review all such policies and procedures to see which ones apply at any given time.

19.  GENERAL RESPONSIBILITIES

Company takes a passive role in the purchase and sale transactions in which its customers engage. Our Service enables people to share information about the products for sale and their opinions regarding various products and services and for sellers to sell and buyers to buy such products. Therefore, we cannot and do not warrant, verify or guarantee the quality, accuracy or integrity of the products for sale, the products actually delivered or any information about them. You understand that you remain solely liable for any and all information, text, images, photographs, graphics, e-mail addresses, Web pages, reviews, discussion board postings, and other materials ("Content") that you upload to, download from or transmit to our Service.

20.  USER SUBMISSION CONTENT RESTRICTIONS

You agree not to post, submit, email, or otherwise make available anything to the Website or Services that:

  1. are unlawful, harmful, pornographic, obscene, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
  2. harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  3. impersonate any person or entity, including, but not limited to, a Company employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. include personal or identifying information about another person without that person’s explicit consent;
  5. are false, deceptive, misleading, deceitful, or misinformative;
  6. infringe on or violate any IP Rights, Personal Rights, or other proprietary rights of any party;
  7. you do not have a right to make available under any law, or under contractual or fiduciary relationships;
  8. constitute or contain any form of advertising or solicitation, “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
  9. contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Websites or any computer software or hardware or telecommunications equipment;
  10. disrupt the normal flow of dialogue with an excessive amount of User Submissions (flooding attack) to the Websites, or that otherwise negatively affects other users’ ability to use the Websites;
  11. employ misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of User Submissions transmitted through the Websites; or
  12. violate any applicable civil or criminal laws or regulations, or promote any illegal activity.

21.  ASSIGNMENT

You hereby agree and acknowledge that Company is entitled to unilaterally assign its rights and obligations under this agreement, in its sole discretion, to any third party of its choice, and that you may not similarly assign any of your rights or obligations under this agreement to anyone.

22.  ENTIRE AGREEMENT

These Terms and the other policies and guidelines posted on this Website, which are hereby incorporated by reference, constitute the entire agreement between you and Company. This agreement supersedes any previous agreements between you and Company as related to this Website.

23.  WAIVER

Company’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be interpreted as a waiver of any other provision or right or the waiver of the same provision with respect to any other instance.