Terms of Service The following terms and conditions govern all use of the YearsMostFunToy.com website and all content, services and products available at or through the website, (taken together, the Website). The Website is owned and operated by niagraBargain LLC (“niagraBargain”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation niagraBargain’s Privacy Policy) and procedures that may be published from time to time on this Site by niagraBargain (collectively, the “Agreement”).
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 niagraBargain, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your YearsMostFunToy.com Account and Site. If you create a anti-aging supplement on the Website, you are responsible for maintaining the security of your account and anti-aging supplement, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the anti-aging supplement. You must not describe or assign keywords to your anti-aging supplement in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and niagraBargain may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause niagraBargain liability. You must immediately notify niagraBargain of any unauthorized uses of your anti-aging supplement, your account or any other breaches of security. niagraBargain 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 anti-aging supplement, comment on a anti-aging supplement, 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
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
(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 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 libelous or defamatory (more info on what that means), 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 anti-aging supplement is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other anti-aging supplements and web sites, and similar unsolicited promotional methods;
your anti-aging supplement is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your anti-aging supplement’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 niagraBargain or otherwise.
By submitting Content to niagraBargain for inclusion on your Website, you grant niagraBargain a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your anti-aging supplement. If you delete Content, niagraBargain 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, niagraBargain has the right (though not the obligation) to, in niagraBargain’s sole discretion (i) refuse or remove any content that, in niagraBargain’s reasonable opinion, violates any niagraBargain 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 niagraBargain’s sole discretion. niagraBargain will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors. niagraBargain has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, niagraBargain does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. 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. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. niagraBargain disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
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 YearsMostFunToy.com links, and that link to YearsMostFunToy.com. niagraBargain does not have any control over those non-YearsMostFunToy websites and webpages, and is not responsible for their contents or their use. By linking to a non-YearsMostFunToy website or webpage, niagraBargain 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. niagraBargain disclaims any responsibility for any harm resulting from your use of non-YearsMostFunToy.com websites and webpages.
Copyright Infringement and DMCA Policy. As niagraBargain 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 YearsMostFunToy.com violates your copyright, you are encouraged to notify niagraBargain in accordance with the Digital Millennium Copyright Act (”DMCA”). niagraBargain will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of niagraBargain or others, niagraBargain may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, niagraBargain will have no obligation to provide a refund of any amounts previously paid to niagraBargain.
Intellectual Property. This Agreement does not transfer from niagraBargain to you any niagraBargain or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with niagraBargain. niagraBargain, YearsMostFunToy, YearsMostFunToy.com, the YearsMostFunToy.com logo, and all other trademarks, service marks, graphics and logos used in connection with YearsMostFunToy.com, or the Website are trademarks or registered trademarks of niagraBargain or niagraBargain’s 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 niagraBargain or third-party trademarks.
Changes. niagraBargain 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. niagraBargain 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.
Termination. niagraBargain may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your YearsMostFunToy.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. niagraBargain 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 niagraBargain nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will niagraBargain, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:(i) any special, incidental or consequential damages;
(ii) the cost of procurement or substitute products or services;
(iii) for interuption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to niagraBargain under this agreement during the twelve (12) month period prior to the cause of action. niagraBargain shall have no liability for any failure or delay due to matters beyond their reasonable control.
The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty. You represent and warrant that(i) your use of the Website will be in strict accordance with the niagraBargain Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and
(ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless niagraBargain, 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 out of your violation this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between niagraBargain and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of niagraBargain, or by the posting by niagraBargain 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, U.S.A., 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 San Diego County, California. 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 San Diego, California, in the English language 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; niagraBargain 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. --------------------------------------------------------------------------------Privacy Policy
Website Visitors
Like most website operators, niagraBargain 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. niagraBargain’s purpose in collecting non-personally identifying information is to better understand how niagraBargain’s visitors use its website. From time to time, niagraBargain may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
niagraBargain also collects potentially personally-identifying information like Internet Protocol (IP) addresses. niagraBargain does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below.
Gathering of Personally-Identifying Information
Certain visitors to niagraBargain’s websites choose to interact with niagraBargain in ways that require niagraBargain to gather personally-identifying information. The amount and type of information that niagraBargain gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a anti-aging supplement at YearsMostFunToy.com to provide a username and email address. Those who engage in transactions with niagraBargain – by purchasing access to the Akismet comment spam prevention service, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, niagraBargain collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with niagraBargain. niagraBargain 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.
Aggregated Statistics
niagraBargain may collect statistics about the behavior of visitors to its websites. For instance, niagraBargain may monitor the most popular anti-aging supplements on the YearsMostFunToy.com site or use spam screened by the Akismet service to help identify spam. niagraBargain may display this information publicly or provide it to others. However, niagraBargain does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
niagraBargain 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 niagraBargain’s behalf or to provide services available at niagraBargain’s 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 niagraBargain’s websites, you consent to the transfer of such information to them. niagraBargain 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, niagraBargain discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when niagraBargain believes in good faith that disclosure is reasonably necessary to protect the property or rights of niagraBargain, third parties or the public at large. If you are a registered user of an niagraBargain website and have supplied your email address, niagraBargain 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 niagraBargain and our products. We primarily use our various product anti-aging supplements to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support 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. niagraBargain takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
Cookies
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. niagraBargain uses cookies to help niagraBargain identify and track visitors, their usage of niagraBargain website, and their website access preferences. niagraBargain visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using niagraBargain’s websites, with the drawback that certain features of niagraBargain’s websites may not function properly without the aid of cookies.
Privacy Policy Changes
Although most changes are likely to be minor, niagraBargain may change its Privacy Policy from time to time, and in niagraBargain’s sole discretion. niagraBargain encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a YearsMostFunToy.com account, you should also check your anti-aging supplement’s dashboard for alerts to these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.
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