Terms And Conditions
IBidOnYou.com Terms of Service
iBidOnYou.com,
an online social community network that connects people around the globe
through networks of people for communicating, sharing and sharing their
lifestyle. The IBidOnYou service is operated by zYouSoft, Inc. ("we,"
"us," or "IBidOnYou.com"). By using the IBidOnYou website
(the "Website") you agree to be bound by these Terms of Service (this
"Agreement"). In addition, if you are an individual who wishes to become
a IBidOnYou Member (a "Member"), communicate with other Members and
make use of the IBidOnYou service (the "Service"), you must read this
Agreement and indicate your acceptance of its terms by following the
instructions on the "Sign Up" page and checking the box labeled
"I agree to iBidOnYou.com's terms of service."
This Agreement sets out the legally binding terms of your use of the Website
(whether or not you become a Member) and your membership in the Service, if
any, and may be modified by us at any time without prior notice. All such
modifications will be effective upon posting on the Website and any use by you
of the Website or the Service (whether or not you are a Member) after the
posting of any such modification will constitute your agreement to that
modification. The terms of our Privacy Policy and any notices
regarding the Website or the Service sent to you or posted on the Website are
incorporated into and made part of this Agreement. Links to copies of
iBidOnYou’s policies and notices can be found on the IBidOnYou Home Page.
- Eligibility. You must be thirteen or over to use the Website. Use of the
Website and membership in the Service are void where prohibited. By
agreeing to these terms or by using the Website, you represent and warrant
that you have the right, authority and capacity to enter into this
Agreement and to abide by all of the terms and conditions of this
Agreement.
- Term. This
Agreement will remain in full force and effect while you use the Website
and/or are a Member. You may terminate your membership at any time for any
reason by following the instructions on the Cancel Account page in Account
Settings. We may terminate your membership for any reason at any time. If
you are using a paid version of the Service and we terminate your
membership in the Service because you have breached this Agreement, you
will not be entitled to any refund of unused subscription fees. Even after
your membership is terminated, certain sections of this Agreement will
remain in effect. See Section 16 below for a list of the provisions of
this Agreement that will survive the termination of your membership.
- Other Agreements. Please note that, if you sign up for one
or more features of the Service that are provided by third parties, such
as IBidOnYou Blogs, one of the services featured on the IBidOnYou Video Tab
such as YouTube, or any of the widgets and applications that may be listed
or marketed on IBidOnYou.com (collectively, "Third Party
Features"), then you may be required to agree to terms of service
with those third parties as well. Any such terms of service are different
from and in addition to this Agreement.
The Website also contains links to third party sites and third
party content, widgets and applications (collectively, and, for purposes of
this Section 3, including Third Party Features, "Third Party
Materials") and IBidOnYou has no control over any such sites or Third
Party Materials. Links to Third Party Materials are provided by IBidOnYou
solely as a convenience; IBidOnYou neither endorses nor bears any
responsibility for or control over any Third Party Materials or any links
contained therein. All policies and statements by IBidOnYou herein pertaining
to the Website do not apply in any way to these Third Party Materials. Once you
leave this Website and/or access Third Party Materials, iBidOnYou’s Terms of
Use, Privacy Policy and other policies are no longer in effect. IBidOnYou
recommends that you read the terms of use of each and every website which you
visit and any and all Third Party Materials that you add to your profile.
IBidOnYou reserves the right in its sole discretion and without notice to: (i)
terminate any and all links to this Website from any third party site, (ii)
terminate any and all links from this Website to any third party site and/or
(iii) terminate any Third Party Materials made available or accessible via this
Website and remove any online posting thereof.
In addition, you acknowledge and agree that any third party developer that
makes a widget, application or other third-party service available to you on or
via IBidOnYou may use a IBidOnYou or other application programming interface to
retrieve and/or collect personally-identifiable and/or IBidOnYou-specific
information about you to populate your copy of its widget or application with
relevant information and/or content created, provided or posted by you. As
noted above, you should review the terms of use of any such third party
developer and/or Third Party Materials, including its privacy and data
gathering policies and procedures.
- Purchased Credits. You may purchase credits for use within the
Website to bid on items and to loan. Those credits must be purchased
through Paypal.com. They have a cash value of $0.10 USD per
credit. The purchasing user is responsible for any service fees
charged by Paypal.com to either the Buyer or Seller for the
transaction. The charges will be deducted from the total credits
deposited into the Buyer’s account.
- Non Commercial Use by Members. The Service and the Website are for the
personal use of individual Members only. You may not use the Website or
the Service in connection with any commercial endeavors without our
express written consent in each case. Organizations, companies and/or
businesses, including third party companies or developers posting or
otherwise making Third Party Materials available on or via the Website may
not become Members and should not use the Service or the Website for any
purpose. No Member may copy, transfer or use any names, photos, links,
text, data or other content belonging to or posted by IBidOnYou or other
Members for the purpose of selling, engaging in, marketing or promoting
any other product or service. Illegal and/or unauthorized uses of the
Website, including collecting usernames, email addresses or other
personally identifiable information of Members by electronic or other
means for the purpose of sending unsolicited email, unauthorized framing
of or linking to the Website or any other use not expressly permitted in
this Agreement, will be investigated and appropriate legal action will be
taken, including, without limitation, civil, criminal and injunctive
redress. In addition to the above restrictions, you may not authorize,
enable or otherwise grant to any other person, organization, and company
or business access to your IBidOnYou profile or other content uploaded on
the Website for the purpose of extracting such information or other
content.
- Proprietary Rights in Content.
- Rights in Content Posted by IBidOnYou or
Other Members. We own and
retain all proprietary rights in the Website and the Service. The Website
contains certain copyrighted material, including links and compilations
of individual data, trademarks and service marks and other proprietary
information of IBidOnYou, our Members and our licensors. Except for any
information which is in the public domain, you may not use, copy, modify,
publish, transmit, distribute, perform, display or sell any such
proprietary materials or information without our express written consent
in each case.
- Rights in Content Posted by You. By publishing, displaying or uploading
(collectively, "Posting") any text, links, photos, video,
messages or other data or information (collectively, "Content")
on or to the Website (including on or to your profile), you automatically
grant, and you represent and warrant that you have the right to grant, to
IBidOnYou an irrevocable, perpetual, nonexclusive, fully-paid and
worldwide license to use, copy, perform, display and distribute such
Content and to prepare derivative works of, or incorporate into other
works, such Content and to grant and authorize sublicenses of the
foregoing.
- Content Posted by You to the Service and the
Website.
- Profile Information. PLEASE NOTE: The Service includes
an option which allows Members (other than Member Entities, as defined in
Section 9) to determine who may view their full profile. These levels
are: "Agents," "Agents of Agents" and
"Anyone." If you are an individual Member and you choose to
allow your IBidOnYou profile to be viewed by "Anyone," you
should be aware that anyone who accesses the Website, whether or not they
are a Member, will be allowed to view all the information in your
profile. In addition, the Service includes an option which allows
individual Members to include their last names in their IBidOnYou
profiles. If you choose this option, your last name will be included in
both your normal IBidOnYou profile as well as your "public
profile" (which is described in subsection (b) below). Your public
profile will be available to anyone, regardless of the level of access
you have chosen for your full IBidOnYou profile. WHEN CHOOSING THESE
OPTIONS, PLEASE CONSIDER CAREFULLY THE LEVEL OF ACCESS YOU WISH TO ALLOW
TO YOUR IBIDONYOU PROFILE AS WELL AS WHETHER YOU WANT YOUR FULL NAME TO
BE AVAILABLE TO THE GENERAL PUBLIC. For more information about the various
levels of sharing of your IBidOnYou profile and your last name.
- Public Profile Information. Regardless of what personal information
you choose to include in your IBidOnYou profile or what level of
sharing of your profile you choose, certain information about every
IBidOnYou Member will be included in that Member's "public
profile." A Member's public profile is an abbreviated version of
that Member's regular IBidOnYou profile, containing the information
listed below, which will be available to any user of the Website, as well
as to the general public through, for instance, search engines like
Yahoo! or Google. Each individual Member's public profile includes the
following information about that Member:
- Name (first, or first and last, depending on
which option the Member chooses)
- Gender
- Age
- Marital Status (or the Member's other
response to this category of the IBidOnYou profile)
- People the Member is interested in meeting
(e.g., "Agents," etc.)
- Location
- Hometown
- "Member Since" date
- The URL of the Member's IBidOnYou profile
- Removal of Content. You understand and agree that we may review
and delete any Content that you include in your profile or otherwise Post
on any area of the Website (which may include deleting your entire
profile) that we, in our sole judgment, believe (1) violates this
Agreement, (2) might be offensive or illegal or (3) might violate the
rights of, harm or threaten the safety of any other Member.
- Member Identities Profiles. Your profile must describe you, an
individual person. Examples of inappropriate profiles include but are not
limited to profiles that purport to represent an animal, place, inanimate
object, fictional character or real individual who is not you.
- Member Responsibility for Content. You are solely responsible for the Content
that you Post on the Website or the Service or transmit to other Members.
- Prohibited Content. Below is a partial list of the kind of
Content that is illegal or prohibited on the Website. Posting of any of
this Content by you may result, in our sole discretion, in termination of
your membership. In addition, we reserve the right to investigate and
take appropriate legal action, in our sole discretion, against anyone who
violates this provision, including, without limitation, removing the
offending communication from the Website and reporting such violator to
the appropriate legal authorities. Prohibited Content includes but is not
limited to Content that, in our sole judgment:
- is patently offensive to the online
community, such as Content that promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual;
- harasses or advocates harassment of another
person;
- involves the transmission of "junk
mail," "chain letters," "spam" or any other
unsolicited mass mailing, emailing or other communication;
- includes any information that (1) you know
is false or misleading, (2) promotes illegal activities or conduct that
is abusive or (3) is threatening, obscene, defamatory or libelous;
- constitutes or includes any illegal or
unauthorized copy of another person's copyrighted or copyrightable work,
including but not limited to, (1) pirated computer programs or links to
them, (2) information which circumvents manufacturer-installed
copy-protect devices, (3) pirated music, images or video or links to
pirated music, image or video files or (4) Content which otherwise
violates the terms of Section 8 below;
- displays pornographic or sexually explicit
material of any kind;
- includes material that exploits people under
the age of 18 in a sexual or violent manner or is intended to solicit
personal information from anyone under 18;
- provides instructional information about
illegal activities such as making or buying illegal weapons, violating
someone's privacy or providing or creating computer viruses;
- solicits passwords or personally-identifying
information for commercial or unlawful purposes from other Members;
- constitutes or includes any promotion, sales
or other commercial activity such as contests, sweepstakes, barter or
advertising; or
- Solicits people you do not know to add you
or accept you as an Agent on the Service.
Even though all of the above Content is strictly prohibited, there
is a small chance that you may become exposed to such items while using the
Website or the Service. If so, neither we nor any of our officers, directors,
employees, shareholders, advertisers or corporate partners will in any way be
responsible for any damages incurred or suffered by any party or caused by any
party arising out of or related to any such exposure. Please see Sections 11
and 12 below for further limitations on our liability.
- Further Restrictions on Your Use of the
Website and the Service.
- You must use the Website and the Service in a
manner consistent with any and all applicable laws and regulations.
- You may not include in your Member profile
any telephone numbers, street addresses or email addresses.
- Although IBidOnYou cannot monitor the conduct
of its Members off the Website, it is a violation of this Agreement to
use any information obtained from the Service or the Website in order to
harass, abuse or harm another person or in order to contact, advertise
to, solicit or sell to any Member without the prior explicit consent of
such Member and IBidOnYou. To protect our Members from such conduct, we
reserve the right, in iBidOnYou’s sole discretion at any time, to
restrict the number of emails or other communications that a Member may
send to other Members.
- Copyright Protection Policy. You may not Post, distribute or
reproduce in any way any copyrighted material, trademarks or service marks
or other proprietary information owned by another party without obtaining
the prior written consent of the copyright owner. If you believe that your
work has been copied and Posted on the Website without your permission or
in any other way that constitutes copyright infringement, please contact
us.
- Member Disputes. You are solely responsible for your
interactions with other Members. We reserve the right, although we have no
obligation, to monitor disputes between you and other Members and to take
any action that we feel may be appropriate in our sole discretion,
consistent with the terms of this Agreement, including termination of the
membership of one or more Members.
- Disclaimers.
- We are not responsible for any incorrect or
inaccurate Content Posted on the Website or in connection with the
Service, whether made or caused by users of the Website, Members, our
advertisers or corporate partners or by any of the equipment or
programming associated with or utilized in the operation of the Website
or the Service.
- WE ARE NOT RESPONSIBLE FOR THE CONDUCT,
WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE.
UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR
DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERY DAMAGE, RESULTING
FROM OR ARISING OUT OF ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY
CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS OR
ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE,
WHETHER ONLINE OR OFFLINE.
- We assume no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or
unauthorized access to or alteration of user or Member communications. We
are not responsible for any problems or technical malfunction of any
telephone network or lines, computer online systems, servers or
providers, computer equipment, software, failure of email or players on
account of technical problems or traffic congestion on the Internet or at
any website or combination thereof. We are not responsible for any injury
or damage to any computer equipment belonging to any user of the Website,
any Member or any other person related to or resulting from use of the
Website, viewing, playing or downloading any materials on or from the
Website or otherwise in any way in connection with the Service. The
Website and the Service are provided "AS IS" and, except as
otherwise prohibited by applicable law, we expressly disclaim any
warranty of any kind, including but not limited to warranties of
merchantability, fitness for a particular purpose and non-infringement.
We cannot guarantee and do not promise any specific results from use of
the Website or the Service. No advice or information, whether oral or
written, obtained by you from us or from or through the Website or the
Service shall create any warranty not expressly stated herein.
- Limitation on Liability.Notwithstanding any other provision of this
Agreement, our entire liability to you for any cause whatsoever,
regardless of the form of the action, will at all times be limited to the
amount paid, if any, by you to us for the Service during the term of this
Agreement. Except in jurisdictions where such provisions are restricted,
in no event will we be liable to you or any third person for any indirect,
consequential, exemplary, special or punitive damages, including
lost profits arising from your use of the Website or the Service, even if
we have been advised of the possibility of such damages.
- Disputes. If there is any dispute between you and us about or
involving the Website or the Service, by using the Website or the Service,
you agree that the dispute will be governed by the laws of the State of
California without regard to its conflict of law provisions. You agree to
personal jurisdiction under and venue in the state and federal courts
located in San Francisco, California for the resolution of any such
dispute.
- Indemnity. You agree to indemnify and hold IBidOnYou and its subsidiaries,
affiliates, officers, agents, employees and corporate or other partners
harmless from any loss, liability, claim or demand, including reasonable
attorneys' fees, arising out of or relating to: (a) your use of the
Website or the Service (including the Posting by you of any Content on the
Website) in violation of this Agreement, (b) any other breach of this
Agreement by you or (c) any breach of your representations and warranties
set forth above.
- No Agency. There is no agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship between you and us
or between us and any other Member or user of the Website.
- Survival. Although this Agreement may be terminated by you or us at
any time and for any reason, the terms of the following sections of this
Agreement will survive any such termination and you and we will continue
to be bound by such terms indefinitely: Section 2 (Term), Section 5
(Proprietary Rights in Content), , Section 9 (Member Disputes), Section 10
(Disclaimers), Section 11 (Limitation on Liability), Section 12
(Disputes), Section 15 (Indemnity), Section 17 (Survival) and Section 18
(Other).
- Other. You will be deemed to have accepted the terms of this
Agreement upon use of the Website or by becoming a Member. This Agreement,
together with our Privacy Policy, and any notices regarding the Website or
the Service sent to you or posted on the Website, all of which are
incorporated herein by this reference, contains the entire agreement
between you and us regarding the use of the Website or the Service. Our
failure to exercise or enforce any right or provision of this Agreement
shall not constitute a waiver of such right or provision. If any provision
of this Agreement is held invalid or unlawful, the remainder of this Agreement
shall continue in full force and effect unless such deletion materially
frustrates the intent of the parties, in which case this Agreement will
terminate.
- Optional Lending Feature. Within IBidOnYou.com’s site there is a
feature that allows for lending of credits directly between users.
Anyone who opts into participating in this feature is responsible for all
their actions. Any improprieties discovered in using this feature
can lead to loss of Lending/Borrowing Agent status, termination of account,
or litigation as allowed by the location of the offending user.
- General Provisions. Loans can only be transacted between Agents
that have linked as Agents according to the rules of iBidOnYou.com and
appear on each other’s “My Agents” list. Only credits that have
been earned through placing your Agentship up for auction, clicks made on
your advertisements, purchased from PayPal.com, or earned through lending
credits are available for loans. The only exception is if the
Lending Agent’s Agentship was won by a bid by the Borrowing Agent; those
specific credits are ineligible to loan back. Loans can only be
transacted between Agents who are pre-approved by iBidOnYou.com to either
provide or secure a loan.
- Cash Value. Within the lending option only, credits have a cash value
of $0.10 USD. All transactions will occur in United States
Dollars. Credits can be purchased from PayPal.com to loan at a rate
of $0.10USD. Only those credits purchased or earned through
interest collected by a Lending Agent on loans can be converted to a cash
value of $0.10 USD. No single loan can exceed a cash value of
$5,000.00 USD, or 50,000 credits.
- Lenders. Lenders must apply to achieve Lending Agent
status. The Applicants will be asked to supply the following
verifiable information:
- Real Name
- Physical Address (No PO Boxes, APO’s, or
mail service locations will be accepted)
- Date of Birth
- Government issue ID information, including
document type, issuing agency, document number and expiration date.
- Contact Email
- Contact Phone Number
- Information Provided. ANY ATTEMPT TO FALSIFY INFORMATION WILL
TERMINATE YOUR MEMBERSHIP WITH THIS WEBSITE AND LEAD TO POSSIBLE
LITIGATION. ALL LAWS OF YOUR LOCATION WILL BE FOLLOWED AND ANY
VIOLATION OF THOSE LAWS WILL BE REPORTED TO THE AUTHORITIES TO PURSUE
PROSECUTION TO THE FULLEST EXTENT ALLOWED.
- Lending Restrictions. There will be several restrictions
within the Lending Feature to avoid exploitation. The lenders will
only be able to loan fifty thousand (50,000) credits per loan,
representing a cash value of $5,000.00 USD. However, each borrower
can have an unlimited number of loans for an unlimited total
credits. Lenders will only be able to charge 0-21% interest at the
Lender’s Discretion as agreed to by the Borrower at the time of loan activation.
Once a loan is active, the rate is unable to be altered by either the
Lending or Borrowing Agent.
- Fees. Lenders will be charged a one-time fee once a loan is
activated. That fee is a percentage of the total amount of the
loan. iBidOnYou.com reserves the right to alter this fee at
anytime without prior notice.
- Liability and Responsibilities. Lenders assume sole responsibility to
verify the information provided by the borrowers, as well as to collect
all funds lent. IBidOnYou.com is in no way liable for helping
Lenders collect funds from delinquent accounts or to verify the
information provided by the Borrower is legitimate. Lenders are
free to pursue any legal course of action in collecting lost fees and
verifying provided information.
- Credit computation. All interest is figured by rounding
to the nearest whole credit. Therefore, an interest charge of
2.5-2.9 credits would show a charge to the Borrower of 3 credits, which
an interest charge of 2.0-2.4 credits would show a charge to the Borrower
of 2 credits.
- Borrower’s Account Terminated. Any termination of a Borrower’s
account by iBidOnYou.com does not guarantee that any active loans will
be paid in full. IBidOnYou.com reserves the right to seize and
distribute remaining credits in a closed Borrower’s account as it sees
fit.
Once the information has been verified as legitimate by
iBidOnYou.com, the lender will be approved to begin accepting loans.
Lenders can only make loans to those to whom they are linked to as Agents on
iBidOnYou.com.
-
- Borrowers. Borrowing Agents will have to submit an
application to be able to borrow credits from Lending Agents. The
Agents will be required to supply the following information:
- Agent’s real full name
- Agent’s real physical address (no PO Boxes,
no UPS or similar mailbox service providers)
- Agent’s best reachable phone number
- Next to the number entry, a drop-down list
for the Agent to choose if it is a home, mobile, or work number.
- Age
- ID Document Number – Driver’s License or
Passport for example - followed by text boxes to enter type of
document and issuing state/province and country information.
- References – names of other Agents that the
Borrowing Agent has borrowed from in the past.
- Amount he desires to be able to borrow from
this specific Agent.
- Interest rate the Borrowing Agent is willing
to pay.
- A drop-down box for the Borrowing Agent to
choose payment frequency with the options to pay weekly, semimonthly,
monthly, quarterly, or annually.
- Total term of loan – i.e., how long it will
take the Borrowing Agent to fully repay the Lending Agent with interest.
- Information Provided. ANY ATTEMPT TO FALSIFY INFORMATION WILL
TERMINATE YOUR MEMBERSHIP WITH THIS WEBSITE AND LEAD TO POSSIBLE
LITIGATION. ALL LAWS OF YOUR LOCATION WILL BE FOLLOWED AND ANY
VIOLATION OF THOSE LAWS WILL BE REPORTED TO THE AUTHORITIES TO PURSUE
PROSECUTION TO THE FULLEST EXTENT ALLOWED.
- Loan Activation. Borrowers retain the final
authorization to activate or decline any loan. Once an application
has been approved by the Lending Agent, either on the first try or after
negotiations, it will be returned to the Borrowing Agent. At this
time the Borrowing Agent has the opportunity to either Activate the loan
or to Terminate Negotiations. Once the Agent chooses to activate
the loan, the credits transfer and the terms take effect
immediately. At this point the Borrowing Agent assumes 100%
liability for the loan amount.
- Failure to Pay. While iBidOnYou.com will not pursue
delinquent and non-payers, the site releases Lending Agents to pursue
any legal means to recover their funds. IBidOnYou.com is in no way
responsible for actions taken by its members. Repeated reports of
failure to pay from Lenders may result in termination of membership and
immediate forfeiture of any credits and related funds in the account at
the time of termination.
- Fees. The only fee payable by the Borrowing Agents
is the interest rate charged by the Lending Agent as agreed to by the
Borrowing Agent at the time of loan activation. Once a loan is
active, the interest rate cannot be altered by either the Borrowing or
Lending Agent.
- Credit Computation. Credits in loans will be rounded to
the nearest round number. For example, if an interest charge works
out be 2.0 – 2.4 credits, the Borrower will owe 2 credits. If an
interest charge works out to 2.5 -.2.9 credits will be charged 3
credits.
This information will be supplied to the specific Lending Agent
involved in the transaction. The Borrowing Agent will have to complete
separate applications for each loan that he or she wishes to secure.
Please contact us with any questions regarding this Agreement.
zYouSoft, Inc. 13790 Rosecroft Way, San Diego, CA 92130
IBidOnYou is a service mark of zYouSoft, Inc.
|