1.1. The User’s use of the BIDGEAR website, services and information provided by the BIDGEAR website is subject to the terms of the following Terms of Service agreement (TOS) between the User and BIDGEAR.
1.2. The User is defined as anyone who uses the BIDGEAR website and any information and services provided by BIDGEAR.
1.3. The BIDGEAR website refers to the Internet site with the address BIDGEAR.com as well as banners and advertisements on other websites with a hyperlink(s) to BIDGEAR.com.
1.4. BIDGEAR “services” refers to the ability that BIDGEAR gives Users to publicize news on the BIDGEAR website in the form of an article caption (or post), short description and picture with a link to the website where this article is published. BIDGEAR doesn’t create, write, or publish news stories or articles.
1.5. The BIDGEAR website, services and information will be referred to collectively as the “Services” in this document excluding any additional services provided to the User by BIDGEAR under a separate written agreement.
1.6. BIDGEAR reserves the right to change the Terms of Service (TOS) without notifying the User.
2.1. In order to use the Services, the User must first agree to the Terms of Service (TOS). The User may not use the Services if he/she does not accept the TOS. If the User is already using the Services, but the User has not accepted the TOS, then the User must stop using BIDGEAR’s Services immediately.
2.2. The User can accept the Terms of Service simply by using the Services. In this case, the User understands and agrees that BIDGEAR will treat his/her use of the Services as acceptance of the Terms of Service from that point onwards.
3.1. BIDGEAR enables the User to publicize news and articles from the original website where the news and articles were published. The content of the post/caption/announcement/headline/hyper-link/photo (hereafter referred to as “Link”) may differ from the content of the article for which the link was made.
3.2. In any Link the User can use any picture or image which is published on the same page of the website where the original article is published and is relevant to the article. This picture or image will be published as a thumbnail. The User who publishes the Link and the website where the aforementioned article was published bear complete responsibility for any infringement of a third party’s copyright (copyright of the person(s) or organization(s) who created or owns the content of the article or photo) if such an infringement of copyright occurs.
3.3. In a Link, the User is allowed to use any picture or image which is NOT published on the same page of the website where the publicized article is published. In this case the picture or the image must be taken from open resources only (licensed free resources) and will be published as a thumbnail in the Link.
3.4. The content of the picture or image in a Link may differ from the topic of the Link’s caption, from the Link’s short description, from the original article’s caption, and from the content of the original article. The person(s) shown in the photo in the Link may differ from the person(s) shown or mentioned in the article. The picture used in the Link may be unrelated to the content of the original article.
3.5. The User understands and agrees that he/she is responsible for any information, data, written text, pictures, images, video and other content (hereafter referred to as “Content”) which he/she publishes on the internet using the Services of BIDGEAR. This means that only the User (and not BIDGEAR) bears full responsibility for all Content which the User publishes, uploads, sends, transfers, receives, shares or otherwise makes public using the Services of BIDGEAR. BIDGEAR does not monitor the Content published, posted, uploaded, sent, transferred, received, or shared with its Services and therefore does not guarantee the accuracy, completeness, comprehensiveness or quality of any Content. The User understands that while using the Services of BIDGEAR he/she might come into contact with Content that could seem offensive, indecent or objectionable. BIDGEAR is not responsible for any Content created by the use of the Services by any User under any circumstances.
3.6. The User agrees that BIDGEAR is not obliged to check any of the Content before it is published. The User also agrees that BIDGEAR has the right (but shall have no obligation) to refuse or remove any or all Content (which is available through the Services of BIDGEAR) at its own discretion. The User agrees that BIDGEAR is not liable for the accuracy, reliability, completeness or usefulness of the Content displayed on the site or through the BIDGEAR Services.
3.7. The User agrees and understands that he/she uses the Services at his/her own risk.
3.8. The User takes into account that BIDGEAR Service technology may require sending Content (which the User wants to publish) through a computer network or changing the Content in order to meet specific technical requirements.
3.9. The User agrees NOT to use the Services to:
a. post, upload, email, transmit, share or otherwise make public any Content which is recognized as illegal, harmful, threatening, immoral, slanderous, infringing upon someone’s copyright, popularizing violence and/or any sort of discrimination (racial, ethnic, sexual, social or any other sort of discrimination), and/or insulting a particular person or organization;
b. infringe upon the rights of minors and/or cause any sort of harm to minors;
c. discriminate against minorities;
d. give untruthful information about his/her identity or identify himself/herself as a representative of an organization/company (including introducing himself/herself as a BIDGEAR representative, BIDGEAR employee, BIDGEAR forum moderator, or BIDGEAR owner) without having the right to do so, and to offer any false representation of the properties and/or characteristics of other persons, entities, companies, or products;
e. post, upload, email, transmit, share or otherwise make public any Content which is forbidden to post, upload, email, transmit, share or otherwise make public according to the law or a contractual agreement with a third party;
f. post, upload, email, transmit, share or otherwise make public any Content which affects a third party’s license, trademark, commercial secret, copyright or any other sort of possessive rights (rights of ownership);
g. post, upload, email, transmit, share or otherwise make public any Content which encourages/propagandizes ethnic strife, incites violence against a certain person(s) or group of people, violence against animals, and/or encourages the abuse of law;
h. post, upload, email, transmit, share or otherwise make public any Content which contains computer viruses, threats or other codes, files, or software which are intended to harm, destroy or restrict the functionality of any hardware or software, or which can be used for unauthorized access/data trespassing, or which contain serial numbers for licensed software, cracked software, logins, passwords or other tools for unauthorized access to any licensed protected software or data on the Internet;
i. abuse of any local, state or international laws;
j. collect and store the private data of other users;
k. engage in the unauthorized use of advertising, commercial or promotional content without an agreement with, or permission from, the concerned party;
l. post, upload, email, transmit, share or otherwise make public any content containing crude or offensive words, phrases or sentences;
m. post, upload, email, transmit, share or otherwise make public any Content which contains nudity or pornography.
3.9.1 BIDGEAR reserves the right (but shall have no obligation) to refuse or remove any or all Content from the Services at its own discretion if the said Content does not meet the requirements of the Terms of Service. BIDGEAR is not obliged to notify the User of the reasons for removing or rejecting any Content.
4.1. The User agrees not to reproduce, copy, sell or use for commercial purposes any parts of the Services, not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by BIDGEAR, unless the User is granted special rights by BIDGEAR specifically in order to do so. BIDGEAR doesn’t bear any responsibility for any legal agreements between the User and any other third parties.
4.2. The User agrees to refrain from trying to crack any of BIDGEAR’s software or data or to decompile the BIDGEAR software source codes used in the Services with the intention to install it on his/her PC, phone, pocket PC or other electronic device.
5.1. BIDGEAR is not responsible for any delays, failures, incorrect or untimely publications, or the removal or loss of any data.
5.2. The User agrees that BIDGEAR may make changes to the rules and restrictions of use from time to time with or without notification of the User.
5.3. The User agrees that any Content published with the BIDGEAR Services as open Content can be used by BIDGEAR at its own discretion for its own purposes and the User cannot claim compensation (monetary or otherwise) from BIDGEAR for doing so.
6.1. The User acknowledges and agrees that all BIDGEAR Services and software are protected by copyright, trademark, license, intellectual property laws and any applicable laws of the United States of America, laws of other countries and/or international laws.
6.2. BIDGEAR gives the User a personal, non-assignable and non-exclusive license to use the software provided to him/her by BIDGEAR as part of the Services. The User may not (and may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof. The User agrees that he/she will not reproduce, duplicate, copy, sell, trade or resell the software provided to him/her as a part of the Services for any purpose and also will not modify the Services for any purpose.
6.3. Unless the User has agreed otherwise in writing with BIDGEAR, the User may not use objects of BIDGEAR intellectual property (such as logos, trade names, trademarks and other brand features, BIDGEAR website content etc.).
7.1 BIDGEAR does not guarantee to the User that his/her use of the Services will be uninterrupted, timely, secure or free from error.
7.2 BIDGEAR does not bear responsibility for the Content created and displayed by other Users through the Services.
7.3 The User is solely responsible for any breach of any sort of third party rights.
7.4 If the use of the Services by the User results in complaints or claims from a third party addressed to BIDGEAR concerning the breach of their rights (including copyright infringement or a person(s) depicted in the photos in the Content who does not want the images to be used in the Services) the User is held fully responsible and must take actions on her/his own to satisfy such claims and complaints.
7.5 BIDGEAR may (but has no obligation to) review, modify or remove Content published by the User.
7.6 BIDGEAR is not liable to the User for any loss of information which the User publishes on or with the Services of BIDGEAR.
7.7 The User understands and agrees that:
a. The Services are provided "as is". BIDGEAR does not guarantee that the Services will accommodate or fulfill the User’s purpose(s) for using them;
b. BIDGEAR does not guarantee that the Services will meet the User’s requirements or expectations; that the Services will be uninterrupted, timely, secure or free from error; that any information obtained by the User as a result of his/her use of the Services will be accurate or reliable; that the quality of any product, information etc. obtained by the User as a result of his/her use of the Services will meet the User’s expectations; that defects in the operation or functionality of any software provided to the User as part of the Services will be corrected;
c. The User understands that he/she uses the information obtained through use the Services at his/her own risk;
d. BIDGEAR is not liable to the User for any direct or indirect losses which may be incurred by the User due to the availability or unavailability of the Services or the behavior of a third party concerning the Services;
e. The Services may include hyper-links to other websites or content or resources. The User acknowledges and agrees that BIDGEAR is not responsible for the availability of any such external sites or resources, for their content, and/or for any loss or damage which may be incurred by the User as a result of his/her use of such external sites or resources.
8.1 Unless the User has agreed otherwise in writing with BIDGEAR, all complaints, claims, requests, questions and other inquiries must be addressed to support@BidGear.com.
8.2 The Terms of Service (TOS) is a binding agreement between the User and BIDGEAR which regulates the User’s use of BIDGEAR’s Services.
8.3 These Terms of Service, and any disputes arising from or relating to the interpretation thereof, shall be governed by and construed under the laws of the State of New York (USA) and any actions resulting to be performed within the State of New York, and without reference to its conflict of laws principles or the United Nations Conventions for the International Sale of Goods. The proper venue for any disputes arising out of or relating to any of the same will be the State and/or Federal Courts in New York County, New York. The prevailing party in any action arising out of this ToS shall be entitled to an award of its costs and attorneys' fees.
8.4 Since the provision of Services by BIDGEAR is free of charge, the User agrees that consumer protection laws are not applicable to the Terms of Service.
8.5 Nothing in the TOS can be recognized as an establishment of friendship, business partnership, employment, representative relations or any other sort of relationship between the User and BIDGEAR which is not directly described under the Terms.
8.6 If any part of the TOS is proved to the satisfaction of a jury as being invalid or as having a non-binding nature, the rest of the Terms of Service will still remain binding.
8.7 If the User (or any other users) breaks the Terms of Service and BIDGEAR does not act to protect its interests, this does not mean that BIDGEAR cannot decide to prosecute any offender in the future.
9.1 In consideration of your use of the BIDGEAR Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the BIDGEAR Services under the laws of the United States or other applicable jurisdiction.
9.2 As a condition to using Services, you are required to register with BIDGEAR and select a
screen name (BIDGEAR User ID). You shall provide BIDGEAR with accurate, complete, and updated
information. Failure to do so shall constitute a breach of the Terms of Service, which may result in
immediate termination of your BIDGEAR account. You may not
(i) select or use as a BIDGEAR User ID a name of another person with the intent to impersonate that person;
(ii) use as a BIDGEAR User ID a name subject to any rights of a person other than you without appropriate authorization; or
(iii) use as a BIDGEAR User ID a name that is otherwise offensive, vulgar or obscene. BIDGEAR reserves the right to refuse registration of, or cancel a BIDGEAR User ID in its discretion. You shall be responsible for maintaining the confidentiality of your BIDGEAR password.
9.3 Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
10.1 You agree not to disclose BIDGEAR Confidential Information without BIDGEAR's prior written
consent. BIDGEAR Confidential Information" includes without limitation:
a. All BIDGEAR software, technology, programming, specifications, materials, guidelines and documentation;
b. Click-through rates or other statistics relating to BIDGEAR and this Agreement;
c. Any other information designated in writing by BIDGEAR as "Confidential" or an equivalent designation.
10.2 BIDGEAR Confidential Information does not include information that has become publicly known
through no breach by You or BIDGEAR, or information that has been.
a. Independently developed without access to BIDGEAR Confidential Information, as evidenced in writing;
b. Rightfully received by You from a third party; or
c. Required to be disclosed by law or by a governmental authority.
11.1 The Users and BIDGEAR agree to respect the rights of other Internet users (whether they use the BIDGEAR Services or not), be polite to each other, follow the code of ethics and the traditions of Internet use, and agree not to use BIDGEAR Services with the aim to abuse morals and/or ethics in any way.
12.1 Unless agreed otherwise, the User retains the copyright and any other rights he/she already holds in the Content which he/she submits, posts or displays on or through the Services. The User is solely responsible (as established by the current law of the United States of America) for the use of Content which does not belong to him/her and for the breach of any third party copyright. If the User is found to have published Content which does not belong to him/her, it will be removed at the first request of the owner of the content (or the person(s)/entity effected).
13.1 The User is requested by BIDGEAR to report any violation of the Terms to support@BidGear.com. The report should include as many details as possible. Hyperlinks to specific statements/comments would be the most significant and would hasten the processing of the report.
14.1 BIDGEAR may temporarily suspend the availability of the Services to carry out scheduled hardware and software tests and/or updates (or any other necessary technical tasks). The User will be sent a notification about the start of such tasks one hour in advance along with information about when the task(s) will be finished.
14.2 In case of a force majeure, BIDGEAR software/hardware failures or breakdowns, failures or breakdowns of the hardware/software of BIDGEAR’s partners (including failures and breakdowns which occur due to the actions of a third party) the provision of the Services may be interrupted without notification of the User.
15.1 All claims from a User(s) concerning his/her relationship with BIDGEAR will be considered in the follow way: a. If the User is certain that his/her rights or interests have been infringed upon due to the actions of BIDGEAR, then he/she is requested to send his/her claim to support@BidGear.com. The personal information (e.g. name, surname, e-mail) which was provided during the User’s registration should be included in the claim; b. The claim will be considered by BIDGEAR within 5 business days from the day the claim is received, and the User will be sent a letter from BIDGEAR with a decision on his/her claim. The letter will be sent by e-mail to the email provided by the User in the claim; c. In case the User is not satisfied with the decision for his/her claim, it will be considered according to these Terms of Service; d. Unidentified claims will not be considered. If personal information is included in the claim but it is impossible to identify the User on the basis of the information provided, then the claim will not be considered.
16.1 BIDGEAR may make changes to the TOS without notifying the User.
16.2 The changes to the TOS take effect 3 days after they are displayed at http://usr.BidGear.com/demo/license/. The changes can take effect later than 3 days after being posted, and in this case the details about when they will take effect will be provided.
16.3 The User understands and agrees that if he/she uses the Services after the date on which the Terms of Service have taken effect, BIDGEAR will treat his/her use of the Services as acceptance of the updated Terms of Service. If User does not agree with any changes made to the Terms, then he/she must stop using the Services immediately.
17.1 BIDGEAR may make changes to the Terms of Service according to changes made to the laws of the United States of America, and/or other countries or international laws (if such changes to law occur) if these changes to the law affect BIDGEAR or its Services.
18.1 The User may buy ads on BIDGEAR website. The following special terms apply to the User that places an order through BIDGEAR’s online advertising portal: a. User’s ads should fully comply with BIDGEAR Terms of Service. b. All payments will be calculated based on BIDGEAR’s tracking system. c. BIDGEAR does not states or guarantees that the ads placed by the User will receive any number of intended clicks. d. BIDGEAR is not responsible for the people that interact with User’s ads, and is not responsible for click fraud or other improper actions that affect the cost of running ads. e. User can cancel the Order at any time through our online portal, considering that it may take up to 48 hours before the ad stops running. User is responsible for paying for those ads. f. BIDGEAR can use User’s ads and related content and information for marketing or promotional purposes. g. User will not issue any press release or make public statements about User’s relationship with BIDGEAR without prior written permission of BIDGEAR. h. BIDGEAR may reject or remove any ad for any reason. i. If User is placing ads on someone else's behalf, BIDGEAR need to make sure that User has permission to place those ads, including the following: User warrants having legal authority to bind the advertiser. User agrees that if the advertiser violates BIDGEAR Terms of Service, BIDGEAR may hold User responsible for that violation.
No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind BIDGEAR in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. BIDGEAR shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond BIDGEAR's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). The Terms of Service is not assignable, transferable or sublicensable by you except with BIDGEAR's prior written consent. BIDGEAR may transfer, assign or delegate the Terms of Service and its rights and obligations without consent. Both parties agree that the Terms of Service is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Service, and that all modifications must be in a writing signed by both parties, except as otherwise provided here in.