(last updated June 29, 2009)
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
The Services include the Bidabing Site. The Services may also be located on third party Web sites and/or applications either as a link from an add-on service to, or otherwise in connection with, Web sites and/or applications that such third parties control. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. Bidabing does not guarantee the price, terms, product, availability and/or services offered by any advertiser. For all of the Services, Bidabing is not involved in any transactions between you and any of its advertisers, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by advertisers. If you have a dispute with one or more advertisers, you release Bidabing from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
User Submitted Content
You are solely responsible for any Content and other material that you submit, publish, display or link to on the Site or send to other Bidabing users. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party or is in violation of any Federal, State or local Fair Housing Laws. You will at all times adhere to the Bidabing Community Guidelines and that all submitted content you believe to be true. In addition, you agree to not purposely provide false or misleading information on the Service.
You agree that by posting content on the Site, you are granting Bidabing a royalty-free, perpetual, irrevocable license to use this information in the course of offering the Services. You understand that Bidabing does not endorse or warrant any particular content or information available via the Site. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves.
For specific advice on legal, financial or real estate matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or real estate agent or broker.
You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material, and to grant Bidabing all of the license rights granted herein. Any content that you submit to Bidabing may be redistributed through the internet and other media channels, and may be viewed by the general public.
You understand that Bidabing does not monitor or control the content of information posted by others, and instead simply provides a service by allowing users to access information that has been made available. Because Bidabing does not control the Content posted via the Service, Bidabing does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Bidabing be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. Should Content be found or reported in violation with, but not limited to, the following terms, it will be Bidabing's sole discretion as to what action should be taken, including suspension and/or termination of your account.
Modification Of Bidabing Services
Bidabing reserves the right to modify or discontinue the Service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. Bidabing shall not be liable to you or any third party should Bidabing exercise its right to modify or discontinue the Service or part of it.
Copyright And License
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, search results, graphics, images, pictures, sound files and other files, and the selection and arrangement and compilation of information ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 2005 Bidabing, Inc. and/or its licensors. You are granted a limited, non-sublicensable right to access this Site, use the Services and print the Materials for your personal, non-commercial, and informational use only. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. The foregoing license grant does NOT include the right for you to:
a. publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
b. market, sell or make commercial use of the Site or any Materials;
c. systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
d. make derivative uses of the Site or the Materials; or
e. use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page).
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of Bidabing or any third party. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
Bidabing does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results and that we derive from the source Web site or information provided by the Web site owner. Bidabing uses these images and excerpted descriptions solely as necessary to generate search results as a navigational tool to direct you to the originating Web site. Any use of the source images or descriptions is subject to the copyright owner's permission and/or the requirements of applicable law. Bidabing does assert copyright and reserves all right to the search results and associated compilations.
Trademarks And Service Marks
"Bidabing" and our logos are either trademarks, service marks or registered trademarks of Bidabing, Inc. or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. You may not use any meta tags or any other "hidden text" utilizing "Bidabing" or any other name, trademark, or product name of Bidabing without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Bidabing, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Bidabing's names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Links To Other Sites
The Services contain links to third-party Web sites. These third-party sites are not under the control of Bidabing. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. Bidabing is not responsible or liable for the contents of any linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
Digital Millennium Copyright Act Compliance
Bidabing complies with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512). If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Bidabing's copyright agent the following written information:
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of where the material that you claim is infringing is located on the Site;
· Your address, telephone number, and e-mail address;
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Before sending a notice to Bidabing, you should confirm that you are the copyright owner or have rights to the copyright which the DMCA requires. Contact information for Bidabing's Copyright Agent for notice of claims of copyright infringement is provided below.
Attn: DMCA Agent
15580 Palmetto Club Dr.
Miami, FL. 33155
THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
Limitation Of Liability
IN NO EVENT SHALL BIDABING, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Disclaimer of Responsibility for Third Party Content
Bidabing is not a publisher of content supplied by third parties and users of the Site. Accordingly, Bidabing has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not Bidabing. In many instances, the content available through this Site represents the opinions and judgments of the respective information providers or users. Bidabing does not endorse, and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the site by any third party.
Choice Of Law, Waiver, And Claims