The Bazaar.co website (hereinafter the "Site") and any Bazaar application (together with the Site, the "Service") are owned and operated by Bazaar SAS ("we", "us" or "our"), a French law company.
This page describes the terms and conditions that govern the use of the Service and are applicable to all users of our Service. By accessing or using the Service, you agree to be bound by the Terms of service and our Privacy Policy (all collectively, the "Terms" or the "Agreement"). When we say, "you" or "your," ("You", "Your" or the "User") we are referring to you, your team, company or persons that have registered to the Service or want to register to the Service, whether you are a visitor, a viewer, a user or a partner, either an individual or a single entity. When we say "Visitor" we are referring to a person that hasn't registered to the Service and that can therefore only partially display the Service as they cannot benefit from all the features available on the Service. The terms form a legally binding agreement between You and Bazaar in relation to Your use of Service. If you do not agree to the Terms, you may not use the Service.
Bazaar reserves the right to modify or replace any of these terms at any time, and to determine the form and means of notifying you about changes (either through the Service or by email to the email address you provided us when you signed up). The latest version will always be available for consultation on the Service. Continuing to use the Service constitutes acceptance of those modifications, therefore we recommend that you periodically check our Terms and review any updates.
This agreement is void where prohibited by law, and the right to access and use the Service is revoked in such jurisdictions.
Please read our Terms carefully and if you need further information or want to make a comment about these Terms, please contact us at contact@bazaar.co.
Subject to our Terms of service and our Privacy Policy, we grant you a limited, non-exclusive, personal, nontransferable, non-sublicensable, noncommercial, revocable right and license to view and use the Service from User's computer or mobile device solely for the purposes for which the Service is provided. This license is personal to User and User will not use the Service for any direct commercial purpose (such as, charging other users for access to (or use of) the Service or access to (or use of) any of User's information.).
You may not, without express prior written permission, do any of the following while accessing or using the Service: (a) tamper with, or use non-public areas of the Service, or the computer or delivery systems of Bazaar and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Bazaar (and only pursuant to those terms and conditions) or unless permitted by Bazaar's robots.txt file or other robot exclusion mechanisms; (d) scrape the Service, and particularly scrape Content (as defined below) from the Service; (e) use the Service to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any User, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Service, or by scripted use of the Service in such a manner as to interfere with or create an undue burden on the Service.
The Bazaar Service permits User to create boards (or collections, "User Boards") onto which Users can post images, photos, graphics, video, audio, music, software, files, text, web links, embedded players, comments and other information and content. Anything posted, uploaded, transmitted, tagged, published or made available (altogether, "Posted" or "Posted") by User on our Service is referred to as "Content", "User Content" or "User Submissions". Anything Posted by a User becomes part of this User's profile ("User Profile"). Each User Board on the Service has its own settings ("Board Settings") which can be set or modified by the User who created the Board ("Board Owner") or the Users who were invited as collaborator by the Board Owner and who have accepted the invitation ("Board Collaborators"). Board Owner and Board Collaborators can determine which Users have access to a Board by setting the privacy parameter of such Board, and can decide which Users can Post to such Board. We strongly recommend User to learn more about Bazaar's Board privacy settings and User agree that Bazaar takes no responsibility and assumes no liability for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, resulting from the Board Settings of any Board. For clarity, it's up to the Board Owner and Board Collaborators to determine what Board Settings a Board should have, and Board Owner and Board Collaborators acknowledge sole responsibility for and assume all risk arising from the Board Settings they've chosen, for any Board they have created or are Board Collaborator on.
As a registered User you will be provided the opportunity to contribute User Content by (i) uploading Content from your computer to our servers or (ii) using our web browser extension and/or bookmarklet to Post to our Service.
User understands that their User Submissions may be made accessible to other Service Users, Visitors or the general public — all as authorized (or permitted) by User. Additionally if another user reposts any of the Content you Posted ("Reposts" or "Reposts"), such Content will become part of such other user's Profile and Board(s) and will be accessible to other Service Users, Visitors or the general public and anyone wishing to view, comment on, like or Repost such Reposted Content, even if you remove the Content from your own user profile or board(s).
Bazaar does not review new User Content prior to it being posted on our Service. By posting User Content to our server, you guarantee us that you have the right to make this content available for use in accordance herewith. You further agree that User Content you post to the Service will not contain third-party copyrighted material, or material that is subject to other third-party rights (including rights relating to publicity and privacy), unless you have permission from the rightful owner of the material or you are otherwise legally entitled to Post the material and to grant Bazaar all of the license rights granted herein.
You understand that when using the Service, you will be exposed to Content from a variety of sources and that Bazaar is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is or you may find offensive, indecent, inaccurate, deceptive, mislabeled or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Bazaar with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Bazaar, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
You further agree that you will not post content that is (a) discriminatory, threatening, hateful, defamatory, illegal, offensive, excessively violent, obscene or sexually explicit in nature (including but not limited to images of rape, bestiality, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia); (b) encouraging dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse); (c) encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (d) harassing towards another person or violates the rights of a third party; (e) copyrighted, protected by trade secret or otherwise subject to third party intellectual property or 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 Bazaar all of the license rights granted herein; (f) business solicitation or advertisement; (g) excessive in length or storage size. Please report to contact@bazaar.co any content or activity on the Service that is infringing or illegal.
Bazaar permits Users to post anonymously on Bazaar ("Anonymous Post"). You understand that when you are posting anonymously: (a) you are posting with your User Account; (b) your identity (name, username, profile picture, profile URL, email address, bio and any other information on your User Profile) won't be neither visible nor traceable by Visitors, other Users and the general public; (c) Bazaar stores in its database your IP address and your User information, therefore your anonymity is limited by your IP address; (d) your anonymity can be lifted through legal intervention.
Bazaar does not endorse any User Content or opinion, recommendation, or advice expressed by Users through User Content, User Board or User Profile. Bazaar reserves the right to decide whether any User Submission, User Board or User Profile is inappropriate or violates this Agreement. Bazaar also reserves the right, in its sole discretion, to reject, refuse to post or remove any Post by User or User Board, or to restrict, suspend or terminate User's access to all or any part of the Site or the Service at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, Bazaar assumes no responsibility for monitoring the Service for inappropriate content, or modifying or removing such content from the Service.
The Service contains content provided by Bazaar (including without limitation the Service design, text, graphics, materials, information and all software, source codes connected with the Service, as opposed to the User Content that Users Post to the Service) are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.
The Service design, text, graphics, materials, information and all software, source codes connected with the Service (altogether, the "Service Content") - as opposed to the User Content that Users Post to the Service - are provided by Bazaar or its partners and are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.
Bazaar hereby grants you a limited, revocable, non-sublicensable license to display the Service Content (excluding any software code) solely for your own, personal, non-commercial purposes; provided, that you retain all copyright and other proprietary notices contained therein.
The Service may contain links to third-party websites, resources, files or services that are not owned or controlled by Bazaar. You acknowledge and agree that we do not endorse or assume any responsibility or liability for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Bazaar of such websites or resources or the content, products, feature or services available from such websites or resources.
You acknowledge sole responsibility for and assume all risk arising from your use or access to any third-party website, content or service. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of any other website that you visit. Your correspondence and dealings with third parties in connection with the Service are solely between you and such third parties.
You are solely responsible for your interaction with other users of the Service, whether online or offline. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
User is responsible for all of its activity in connection with the Service. User shall defend, indemnify, and hold harmless Bazaar, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from and against any liabilities, claims, suits, proceedings, demands, damages, losses, expenses and costs, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties) in any way related to Users's (i) access to or use of any of the Service, (ii) Content, (iii) violation of any law or regulation, (iv) negligence or willful misconduct or other fault, or (v) breach of any of these Terms.
The Service and all included content are provided on an "as is" and "as available" basis without warranty of any kind, whether express or implied.
BAZAAR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Bazaar is under no legal obligation to screen or monitor any content, nor obligated to actively seek facts or circumstances indicating illegal content Posted to the Bazaar Service and does not guarantee that any content available on the Bazaar Service complies with this Agreement or is suitable for all users. But Bazaar shall remove or disable access from its Service to any infringing content once having been notified of its existence.
Bazaar takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Service. You understand and agree that you use the Bazaar Service at your own risk and that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BAZAAR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT BAZAAR HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
We wish to work out claims fairly. For any claim you believe you have against us, you agree, prior to taking any legal action, to first contact us and attempt to resolve the claim informally by email or certified mail to Bazaar SAS, 37 rue du Petit Musc, 75004 Paris, France.
Bazaar cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information or Post information for improper purposes. You acknowledge that you provide your personal information at your own risk. You agree to keep your password secure and confidential and to not allow anyone else to use your username or password to access our Website.
You may stop using our Service at any time. Additionally, Bazaar, in its sole discretion, may terminate or suspend your access to the Service, remove any information or content associated with your account, at any time, with or without cause and with or without notice if Bazaar believes that you don't comply with the Terms, or if you use the Service in a way that would cause us legal liability, disrupt the Service or affect others' use of the Service. Upon termination, User will no longer access (or attempt to access) the Service. Bazaar will not be liable to you for termination of your membership to the Service.
Bazaar reserves the right at any time to block or disable access to any IP or domain that is misusing or scraping data from the Bazaar website.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Please contact us at contact@bazaar.co if you have any questions or need further information.
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