1. AGREEMENT TO TERMS & CONDITIONS
These Terms & Conditions ("Agreement") constitute a legally binding agreement between you, individually or on behalf of an entity ("you"), and Barter B.V., operating as Barter ("Barter", "we," "us," or "our"), regarding your use of the website https://www.getbarter.com/ ("Site") and any other associated media forms, channels, mobile websites, or applications. By accessing the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. If you do not agree with these terms, you are expressly prohibited from using the Site, and you must discontinue your use immediately.
Additional terms and conditions or documents that may be posted on the Site from time to time are hereby incorporated into this Agreement by reference. We reserve the right to modify or change these Terms & Conditions at our sole discretion. We will notify you of any such changes by updating the "Last updated" date of these Terms & Conditions. Your continued use of the Site after any modifications signifies your acceptance of the revised terms.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within that jurisdiction or country. If you access the Site from other locations, you do so voluntarily and are responsible for compliance with local laws.
The Site is intended for users who are at least 18 years old. Individuals under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site, including its source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"), are owned or controlled by us or licensed to us. They are protected by copyright, trademark, and other intellectual property laws. The Content and Marks are provided on the Site "AS IS" for your personal, non-commercial use only. Except as expressly permitted in these Terms & Conditions, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited for any commercial purpose without our prior written permission.
Subject to your eligibility to use the Site, we grant you a limited license to access and use the Site and to download or print portions of the Content for your personal, non-commercial use. All rights not expressly granted to you are reserved by us.
USER REPRESENTATIONS
By using the Site, you represent and warrant that:
Any registration information you provide is true, accurate, current, and complete.
You will maintain the accuracy of your information and promptly update it as necessary.
You have the legal capacity and agree to comply with these Terms & Conditions.
You are not a minor in your jurisdiction of residence.
You will not access the Site through automated or non-human means.
You will not use the Site for any illegal or unauthorized purpose.
Your use of the Site will not violate any applicable law or regulation.
Providing false or incomplete information may result in the suspension or termination of your account and denial of access to the Site.
USER REGISTRATION
To access certain features or services on the Site, you may need to register an account. By registering, you agree to maintain the confidentiality of your password and take responsibility for all activities that occur under your account. We reserve the right to remove, reclaim, or modify any username you choose if we determine, at our sole discretion, that it is inappropriate, obscene, or objectionable.
Barter reserves the right to unregister (and/or ban) users from the platform that do not comply with these Terms & Conditions.
In case Users (and specifically content creators) are requested to cancel any accepted Barter deal no later than 24 hours prior to the start of the Barter deal. If this happens within 24 hours, a courtesy period will be offered to explain the reason for cancellation (or “no show”). Unregistration or ban from the platform will remain at Barter’s sole discretion.
USER GENERATED CONTENT / CONTRIBUTIONS
The Site may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast various types of content and materials referred to as "Contributions." These Contributions can include text, writings, videos, audio, photographs, graphics, comments, suggestions, personal information, or other material.
It is important to note that the specific Terms & Conditions you provided indicate that the Site does not offer users the ability to submit or post content. This might be an inconsistency or discrepancy in the information you provided.
If the Site does allow user-generated Contributions, when you create or make available any Contributions, you represent and warrant the following:
Your Contributions will not infringe upon the proprietary rights (including copyright, patent, trademark, trade secret, or moral rights) of any third party.
You are either the creator and owner of the Contributions or you have the necessary licenses, rights, consents, releases, and permissions to authorize the Site and other users to use your Contributions in accordance with the Site and the Terms & Conditions.
You have obtained written consent, release, and/or permission from each identifiable individual person in your Contributions to use their name or likeness, enabling inclusion and use of your Contributions as contemplated by the Site and the Terms & Conditions.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable as determined by the Site.
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not intended to harass, threaten, or promote violence against any individual or class of people in a legal sense.
Your Contributions do not violate any applicable laws, regulations, or rules.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any laws concerning child pornography or intended to protect the health or well-being of minors.
Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions may misuse or engage in any prohibited conduct on the Website, including, but not limited to, distributing or promoting sexually explicit content, illegal drugs, or alcohol to individuals below the legal drinking age.
Your Contributions do not otherwise violate the Terms & Conditions, any applicable laws or regulations.
We reserve the right to remove, block, or restrict access to any content on the Website that violates these Terms & Conditions without notice.
If you use the Site in violation of these provisions, it constitutes a violation of the Terms & Conditions, which may result in the termination or suspension of your rights to use the Site.
The Site reserves the right to use the Contributions in a Free of Use manner, which means, but is not limited to, sharing, redistributing, downloading or saving the Contributions for at least 365 days after the content was shared.
FEES AND PAYMENT
Some of our services may require a purchase or payment of a fee. When making purchases through the Site, you agree to provide accurate and complete purchase and account information. It is your responsibility to promptly update your account and payment details, including email address, payment method, and card expiration date, to ensure smooth transactions and timely communication from us. We use an online billing account to process purchases made on the Site. Sales tax will be added to the purchase price as required by applicable laws. We reserve the right to change prices at any time.
By making a purchase, you agree to pay all charges or fees at the prices in effect at the time of purchase. You authorize us to charge your selected payment method for the specified amount upon completing the purchase. If your purchase involves recurring charges, you consent to automatic recurring billing without requiring individual approval for each charge until you cancel the service. To correct any pricing errors or mistakes, we reserve the right to adjust the prices even if payment has already been requested or received. We also reserve the right to refuse any order placed through the Site.
CANCELLATION
You have the option to cancel your subscription at any time by contacting us using the provided contact information. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our services, please email us at hello@getbarter.com
PROHIBITED ACTIVITIES
When using the Site, you are required to adhere to the specified purpose for which it is made available. The Site should not be used for any commercial activities unless explicitly endorsed or approved by us. As a user, you agree not to:
Systematically retrieve data or content from the Site to create a collection, compilation, database, or directory without obtaining written permission from us.
Attempt to deceive, defraud, or mislead us or other users, especially in obtaining sensitive account information such as user passwords.
Circumvent, disable, or interfere with security features of the Site, including measures that prevent or restrict the use, copying, or access to any content.
Engage in actions that disparage, harm, or tarnish our reputation or the Site, as determined by us.
Use information obtained from the Site to harass, abuse, or harm another person.
Misuse our support services or submit false reports of abuse or misconduct.
Use the Site in violation of applicable laws or regulations.
Engage in unauthorized framing or linking to the Site.
Upload or transmit viruses, Trojan horses, or any other material that may disrupt or interfere with the Site's functionality or the user experience.
Engage in automated use of the system, such as sending automated comments or messages, or employing data mining, robots, or similar tools for gathering and extracting information.
Remove copyright or proprietary rights notices from any content on the Site.
Attempt to impersonate another user or person, or use another user's username.
Upload or transmit material that acts as a collection or transmission mechanism for information, including gifs, web bugs, cookies, or similar devices.
Interfere with, disrupt, or overload the Site or the networks and services connected to it.
Harass, annoy, intimidate, or threaten our employees or agents involved in providing the Site.
Attempt to bypass any measures designed to prevent or restrict access to the Site.
Copy or modify the Site's software, including code such as Flash, PHP, HTML, JavaScript, or others.
Decipher, decompile, disassemble, or reverse engineer any part of the Site's software, unless permitted by applicable law.
Use or distribute any automated system, such as spiders, robots, cheat utilities, scrapers, or offline readers, that accesses the Site without authorization.
Use a buying agent or purchasing agent to make purchases on the Site.
Engage in any unauthorized use of the Site, including collecting usernames or email addresses through electronic or other means for sending unsolicited emails, or creating user accounts through automated means or under false pretenses.
Use the Site to compete with us or utilize the Site and its content for any revenue-generating or commercial purposes.
Sell or transfer your profile without authorization.
Age Restriction for Alcohol Content: Any content or information related to alcohol on this Website is intended only for individuals who are 25 years of age or older. If you are under 25, you must not access or use such content.
You agree not to misuse or engage in any prohibited conduct on the Website, including, but not limited to, distributing or promoting sexually explicit content, illegal drugs, or alcohol to individuals below the legal drinking age.
FREE TRIAL
We provide a 30-day free trial for new Users who register on the Site. The trial will automatically end and the subscription will start when either (1) the User accepts a content creator, or (2) the 30-day free trial period is finished.
USER RESPONSIBILITY
While we strive to provide accurate and reliable information, it is essential to understand that we are ot responsible for any tax filings, calculations, or legal obligations related to your taxes. The Users are solely responsible for your tax obligations, including but not limited to:
Accurate and timely filing of your tax returns.
Payment of any taxes owed to the appropriate tax authorities.
Compliance with all applicable tax laws and regulations.
We strongly recommend that you consult with qualified tax professionals or advisors to ensure compliance with tax laws and to accurately prepare and file your tax returns. Tax laws and regulations can be complex and subject to change, and it is your responsibility to stay informed and seek professional guidance when needed. Barter does not provide tax advice, tax planning, or tax preparation services. Any information or content provided on our platform, including articles, guides, or resources related to taxation, is for informational purposes only and should not be construed as tax advice. By using our services, you agree that We shall not be liable for any direct or indirect damages, losses, or expenses arising from or related to your tax filings, including but not limited to errors, omissions, inaccuracies, or failure to meet tax obligations. You acknowledge that you use our services at your own risk.
Besides all Users are responsible to ensure that they follow the local applicable law in terms of social media (influencer) marketing with regards to advertising rules, which may differ depending on the country that you are residing and/or exercising. All Users are responsible and need to comply with their local Code of Advertising Practices, such as the Stichting Reclame Code in The Netherlands. As such, in The Netherlands, the content creators should not have over 25% of their followers under the age of 18 years old, and the content creator has to be at least 25 years old.
IMAGE USAGE CONSENT
Users of the Barter platform grant the Company the right to use, reproduce, and distribute images or photographs of participants taken during the engagement with Company's platform. This includes, but is not limited to, online and offline promotional materials, social media, website content, and other marketing channels. Barter may use a participant's image for the purpose of promoting and marketing.
The User acknowledges that no financial compensation will be provided for the use of their image and releases the Company, its employees, and any third parties acting under Company's authority, from any claims, damages, or liability that may arise from the use of Participant's image.
COMMISSION PROGRAM
Barter offers a commission program, by participating in the program you agree abiding to the following terms:
Commission Rate: The commission rate applicable to the sales or referrals shall be as agreed upon in writing or through an applicable agreement.
Calculation Method: The commission shall be calculated based on the net revenue generated from sales or referrals, after accounting for any refunds, returns, or chargebacks.
Commission payments will be made on a monthly basis, in hindsight, and once Barter has received the payment from the new partners.
Commissions will terminate directly if the partners coming through the agent decide to terminate their agreement with Barter.
Payment will be made via transfer to the designated bank account.
All commission payments will be made in the currency specified in the agreement or, if not specified, in the currency of the Company's domicile.
Invoices: Barter will provide a reversed invoice to the receiving agent.
Changes to Terms: Barter reserves the right to modify or amend these Commission Payment Terms and Conditions at its discretion.
CONTRIBUTION LICENSE
Both you and the Site acknowledge that we may access, store, process, and utilize any information and personal data you provide in accordance with the Privacy Policy and your selected preferences (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without providing compensation to you. We do not claim ownership over your Contributions. You retain complete ownership of all your Contributions, including any intellectual property rights or other proprietary rights associated with them. We hold no liability for any statements or representations within your Contributions that you provide on any area of the Site. You are solely responsible for your Contributions, and you expressly agree to release us from any and all responsibility and refrain from taking any legal action against us concerning your Contributions.
SOCIAL MEDIA
By using our services and connecting your social media accounts, including but not limited to YouTube, Meta (formerly Facebook), and TikTok, you acknowledge and agree to the following terms and conditions regarding the security and access to your social media account information:
No Access to Passwords or Login Details: We do not and will never request, collect, or have access to your passwords, login details, or any sensitive information associated with your social media accounts. Your passwords and login information are strictly maintained by the respective social media companies, namely YouTube, Meta, and TikTok.
Authentication through OAuth: To connect your social media accounts to our platform, we employ industry-standard OAuth (Open Authorization) protocols. This method allows you to grant our platform limited access to your social media data without disclosing your login credentials. The authentication process is facilitated directly through the respective social media company's secure systems.
Limited Data Access: Upon connecting your social media accounts, we may request and access specific information and permissions as required for the functioning of our services. This access is strictly limited to the data and functionalities necessary to provide you with our services, such as viewing, posting, or interacting with content on these platforms.
Data Security: We take data security seriously and implement reasonable measures to protect any information collected and stored as part of your social media account connection. However, it is essential to understand that the security of your social media accounts and data ultimately depends on the respective social media company's security practices and your account settings.
Account Responsibility: You are solely responsible for maintaining the security and confidentiality of your social media account login information. You should follow best practices for password management, enable two-factor authentication where available, and promptly report any unauthorized access to your social media accounts to the respective social media company.
Disconnection: You have the right to disconnect your social media accounts from our platform at any time. This action will revoke our access to your social media data and interactions. Please refer to the respective social media company's policies and settings for information on how to disconnect your accounts.
Third-Party Services: Please note that when you connect your social media accounts to our platform, you may also be subject to the terms and conditions of the respective social media companies. We are not responsible for the actions, policies, or security practices of these third-party companies.
By connecting your social media accounts to our platform, you signify your understanding and acceptance of these terms and conditions related to the security and access to your social media account information. It is essential to review and comply with the terms of service and privacy policies of the respective social media companies as well.
If you have any concerns or questions about the security of your social media accounts or our platform's access, please contact us for clarification and assistance.
SUBMISSIONS
By providing us with any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions"), you acknowledge and agree that such Submissions are non-confidential and will become our sole property. We will have exclusive rights, including all intellectual property rights, and will be entitled to unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledging or compensating you. You hereby waive all moral rights to these Submissions and warrant that they are either original to you or that you have the right to submit them. You agree that you have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may include links to other websites ("Third-Party Websites") or display content originating from third parties, such as articles, photographs, text, graphics, designs, music, sound, video, information, applications, software, and other materials ("Third-Party Content"). We do not investigate, monitor, or check the accuracy, appropriateness, or completeness of Third-Party Websites or Third-Party Content. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of the Third-Party Websites or Third-Party Content. Inclusion of, linking to, or allowing the use or installation of Third-Party Websites or Third-Party Content does not imply our approval or endorsement. If you choose to leave the Site and access Third-Party Websites or use/install Third-Party Content, you do so at your own risk, and these Terms & Conditions no longer apply. We recommend reviewing the applicable terms, policies, and practices, including privacy and data gathering practices, of any website you visit from the Site or any applications you use or install from the Site. Any purchases you make through Third-Party Websites are solely between you and the third party, and we are not responsible for such purchases. You agree that we do not endorse the products or services offered on Third-Party Websites, and you release us from any harm resulting from your purchase or collaboration of such products or services. Furthermore, you release us from any losses or harm resulting from Third-Party Content or any interactions with Third-Party Websites. We are not responsible for any of the products or services that are obtained through our service, whether these are bartered, lent or obtained through any other way; nor is Barter responsible for the content provided by influencers and creators.
SITE MANAGEMENT
We have the right, but not the obligation, to:
Monitor the Site for any violations of these Terms & Conditions.
Take appropriate legal action, at our sole discretion, against anyone who violates the law or these Terms & Conditions. This may include reporting such users to law enforcement authorities.
In our sole discretion and without limitation, refuse, restrict access to, limit availability of, or disable (to the extent technologically feasible) any of your Contributions or any part thereof.
In our sole discretion and without notice or liability, remove from the Site or disable all files and content that are excessively large or burdensome to our systems.
Manage the Site in a manner aimed at protecting our rights and property and ensuring the proper functioning of the Site.
PRIVACY POLICY
We prioritize data privacy and security. Please review our Privacy Policy, at https://www.getbarter.com/privacy, which is incorporated into these Terms & Conditions. By using the Site, you agree to be bound by our Privacy Policy. Please note that the Site is hosted in Germany. If you access the Site from a region outside of Germany with different laws or requirements regarding personal data collection, use, or disclosure, you acknowledge and consent to the transfer of your data to Germany for processing in accordance with applicable laws in that jurisdiction.
GDPR DATA PROTECTION
Data Protection: We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR). Please refer to our Privacy Policy for information on how we collect, use, and disclose personal information and your rights regarding your personal data.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
These Terms & Conditions shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms & conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms & conditions or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, at our sole discretion.
We reserve the right to limit the number of Barters that are created on the platform to our discretion, meaning that a large number will be considered to be relevant for an Enterprise deal in which case we will be in contact to structure a proprietary enterprise agreement.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms & Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These conditions are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. Barter. BV and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Amsterdam, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in The Netherlands, or in the country in which you reside.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms & Conditions (each "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least three (3) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Amsterdam, The Netherlands. Applicable rules of substantive law shall be the law of The Netherlands.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
The site is provided on an as-is and as-available basis. you agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. we make no warranties or representations about the accuracy or completeness of the site's content or the content of any websites linked to the site, and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. we do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any 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.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising or later. Certain US state laws and international 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 or limitations may not apply to you, and you may have additional rights.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms & Conditions; (3) any breach of your representations and warranties set forth in these Terms & Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Terms & Conditions and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision. These Terms & Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms & Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms & Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms & Conditions or use of the Site. You agree that these Terms & Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms & Conditions and the lack of signing by the parties hereto to execute these Terms & Conditions.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at: hello@getbarter.com
