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Welcome To BuyStuffDirect.
We (BuyStuffDirect) hope you find it useful. By accessing or otherwise interacting with our servers, services, websites, mobile app ("App"), or any associated content/postings (together, "BuyStuffDirect"), you agree to these Terms of Use ("Terms Of Use") (last updated June 2022). You acknowledge and agree BuyStuffDirect is a private site owned and operated by Xypno Technologies, Inc. If you are accessing or using BuyStuffDirect on behalf of a business, you represent and warrant to BuyStuffDirect that you have authority to accept the Terms Of Use on behalf of that business and that that business agrees to the Terms Of Use. If you do not agree to the Terms Of Use, you are not authorized to use BuyStuffDirect or download the App. We may modify the Terms Of Use at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use BuyStuffDirect. Our privacy policy (buystuffdirect.com/content.php?id=9), BuyStuffDirect, are fully incorporated into this Terms Of Use, and you agree to them as well.
Our Licence.
If you agree to the Terms Of Use and (1) are of sufficient age and capacity to use BuyStuffDirect and be bound by the Terms Of Use, or (2) use BuyStuffDirect on behalf of a business, thereby binding that business to the Terms Of Use, we grant you a limited, revocable, non-exclusive, non-assignable license to use BuyStuffDirect in compliance with the Terms Of Use; unlicensed use is unauthorized. You agree not to display, "frame," make derivative works, distribute, license, or sell, content from BuyStuffDirect, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from the content you post.
Agreement Of Use.
Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email BuyStuffDirectients) or services that interact or interoperate with BuyStuffDirect, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect BuyStuffDirect content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as are buying or selling accounts. You agree not to post content that is prohibited by any of BuyStuffDirect's policies or rules referenced above ("Prohibited Content"). You agree not to abuse BuyStuffDirect's flagging or reporting processes. You agree not to collect BuyStuffDirect user information or interfere with BuyStuffDirect. You agree we may moderate BuyStuffDirect access/use at our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available BuyStuffDirect or our application programming interface ("API"), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide BuyStuffDirect, (iii) combine or integrate BuyStuffDirect or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects BuyStuffDirect or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use BuyStuffDirect or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or another right of any person, or that violates any applicable law.
Damages.
You further agree that if you violate the Terms Of Use, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting BuyStuffDirect users' information, inBuyStuffDirectuding personal or identifying information - $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of BuyStuffDirect without that party's express written consent - $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of BuyStuffDirect - $1,000 per violation; (D) posting or attempting to post Prohibited Content - $4 per violation; (E) posting or attempting to post Prohibited Content in any paid section of BuyStuffDirect - the price per post applicable to that section of BuyStuffDirect; (F) sending an unauthorized/unsolicited email to an email address obtained from BuyStuffDirect - $25 per violation; (G) using BuyStuffDirect user information to make/send an unauthorized/unsolicited text message, call, or communication to a BuyStuffDirect user - $500 per text/call/communication; (H) creating a misleading or unlawful BuyStuffDirect account or buying/selling a BuyStuffDirect account - $4 per violation; (I) abusing or attempting to abuse BuyStuffDirect's flagging or reporting processes - $1 per violation; (J) distributing any software to facilitate violations of the USE Section - $1,000 per violation; (K) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting BuyStuffDirect content for any purpose without our express written consent - $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of BuyStuffDirect in any 24-hour period - $0.25 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts - $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting our ability to recover under any legal theory or BuyStuffDirectaim, in BuyStuffDirectuding statutory damages and other equitable relief (e.g., for spam, we can elect between the above-liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
Our Fees.
When you make a paid posting, you authorize us to charge your account. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.
Disclaimer & Liability.
To the full extent permitted by law, BuyStuffDirect, Inc., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("BuyStuffDirect Entities") (1) make no promises, warranties, or representations as to BuyStuffDirect, inBuyStuffDirectuding its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide BuyStuffDirect on an "AS IS" and "AS AVAILABLE" basis and any risk of using BuyStuffDirect is assumed by you; (3) disclaim all warranties, express or implied, including as to the accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from a course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with BuyStuffDirect. BuyStuffDirect Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, inBuyStuffDirectuding lost profits, revenues, data, goodwill, etc., arising from or related to BuyStuffDirect, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disBuyStuffDirectaimers and limits, so some may not apply to you.
Claims & Indemnity.
Any claim, cause of action, demand, or dispute arising from or related to BuyStuffDirect ("Claims") will be governed by the internal laws of Cyprus, without regard to conflict of law provisions, except to the extent governed by CYl law. Any claims will be exclusively resolved by courts in Cyprus, CY (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Cyprus, CY; (2) indemnify and hold BuyStuffDirect Entities harmless from any BuyStuffDirectaims, losses, liability, or expenses (inBuyStuffDirectuding attorneys' fees) that arise from a third party and relate to your use of BuyStuffDirect; and (3) be liable and responsible for any BuyStuffDirectaims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
Trademarks.
BuyStuffDirect, "BuyStuffDirect" and the peace symbol logo are registered trademarks with the U.S. Patent and Trademark Office and with multiple trademark offices around the world.
Miscellaneous.
Unless you have entered into a separate written or electronic agreement with us that expressly references the Terms Of Use, this is the exBuyStuffDirectusive and entire agreement between us and you and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access BuyStuffDirect thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the Terms Of Use or our ability to enforce them. The use, liquidated Damages, and BuyStuffDirect Ains & indemnity sections survive termination of the Terms Of Use, and you will remain bound by those sections. If a Terms Of Use term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the Terms Of Use controls any translations. If you reasonably believe content infringes your IP rights, contact us for clarification. (Info@BuyStuffDirect.com)
