Solutionbay.com Terms of Use (effective as of Dec 10th, 2015)

Solutionbay.com is a service that allows Members to find and provide solutions to various kinds of problems. The services offered by Solutionbay.com ("Solutionbay.com" or "we") include the Solutionbay.com website and any other features, content, or applications offered from time to time by Solutionbay.com in connection with the Solutionbay.com Website.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Solutionbay.com Services. By using the Solutionbay.com Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Solutionbay.com Website) or you are a "Member" (which means that you have registered with Solutionbay.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Solutionbay.com Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. By becoming a user of Solutionbay, you agree to this Agreement. 

This Agreement includes Solutionbay.com's policy for acceptable use of the Solutionbay.com Services and Content posted on the Solutionbay.com Website, your rights, obligations and restrictions regarding your use of the Solutionbay.com Services and Solutionbay.com's Privacy Policy. In order to participate in certain Solutionbay.com Services, you may be notified that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Solutionbay.com Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

We expressively reserve the right to change these Terms of Use from time to time without noticing you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

Please choose carefully the information you post on Solutionbay.com and that you provide to other Users. It must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. If you become aware of misuse of the Solutionbay.com Services by any person, please contact Solutionbay.com.

Solutionbay.com reserves the right, in its sole discretion, to reject, refuse to post or remove any content by you, or to restrict, suspend, or terminate your access to all or any part of the Solutionbay.com Services at any time, for any or no reason, with or without prior notice, and without liability.

1. Eligibility

Use of and Membership in the Solutionbay.com Services is void where prohibited. By using the Solutionbay.com Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Solutionbay.com Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.

2. Term

This Agreement shall remain in full force and effect while you use the Solutionbay.com Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Solutionbay.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

3. Password

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Solutionbay.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

4. Proprietary Rights in Content on Solutionbay.com

Solutionbay.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Solutionbay.com Services. After posting your Content to the Solutionbay.com Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Solutionbay.com Services, you hereby grant to Solutionbay.com a non-exclusive, world-wide and royalty-free license (with the right to sublicense) to use, modify, publicly perform, publicly display, reproduce, and distribute such Content in any and all media and distribution methods (which are currently known or later developed).

You represent and warrant that: (i) you own the Content posted by you on or through the Solutionbay.com Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Solutionbay.com Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Solutionbay.com Services.

The Solutionbay.com Services contain Content of Solutionbay.com ("Solutionbay.com Content"). Solutionbay.com Content is protected by copyright, trade secret and other laws, and Solutionbay.com owns and retains all rights in the Solutionbay.com Content and the Solutionbay.com Services.

The Solutionbay.com Services contain Content of Users and other Solutionbay.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Solutionbay.com Services.

5. Content Posted

Solutionbay.com may delete any Content that in the sole judgment of Solutionbay.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Solutionbay.com assumes no responsibility for monitoring the Solutionbay.com Services for inappropriate Content or conduct. If at any time Solutionbay.com chooses, in its sole discretion, to monitor the Solutionbay.com Services, Solutionbay.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the Solutionbay.com Services, and any material or information that you transmit to other Members and for your interactions with other Users. Solutionbay.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Solutionbay.com prior to sending and does not necessarily reflect the opinions or policies of Solutionbay.com. Solutionbay.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

6. Content/Activity Prohibited

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Solutionbay.com Services. Solutionbay.com reserves the right to investigate and take appropriate legal action against anyone who, in Solutionbay.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Solutionbay.com Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Solutionbay.com:

• is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

• harasses or advocates harassment of another person;

• exploits people in a sexual or violent manner;

• contains nudity, violence, or offensive subject matter or contains a link to an adult website;

• solicits personal information from anyone under 18;

• provides any telephone numbers, street addresses, last names, URLs or email addresses;

• promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

• promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); 

• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

• solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

• involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

• includes a photograph of another person that you have posted without that person's consent;

• or for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the Solutionbay.com Website and through your use of the Solutionbay.com Services. Solutionbay.com reserves the right to investigate and take appropriate legal action against anyone who, in Solutionbay.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

• criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

• advertising to, or solicitation of, any Member to buy or sell any products or services through the Solutionbay.com Services unless explicitly allowed in selected areas (“advertising section”);

• covering or obscuring the banner advertisements on your personal profile page, or any Solutionbay.com page via HTML/CSS or any other means;

• any automated use of the system, such as using scripts to send messages;

• interfering with, disrupting, or creating an undue burden on the Solutionbay.com Services or the networks or services connected to the Solutionbay.com Services;

• attempting to impersonate another Member or person;

• using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

• selling or otherwise transferring your profile;

• using any information obtained from the Solutionbay.com Services in order to harass, abuse, or harm another person;

• displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Solutionbay.com Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or

• using the Solutionbay.com Services in a manner inconsistent with any and all applicable laws and regulations.

7. Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Solutionbay.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Solutionbay.com by the copyright owner or the copyright owner's legal agent.

If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should notify us via our contact form and send notification to our Designated Agent immediately. To be effective, the notification must include:

• Identify in sufficient detail the proprietary work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed). 

• Identify the material that you claim is infringing the proprietary work listed in item #1 above. 

• Provide information reasonably sufficient to permit us to contact you (email address is preferred).

• Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred). 

• Include the following statement: "I have a good faith belief that use of the proprietary materials described above as allegedly infringing is not authorized by the proprietary owner, its agent, or the law."

• Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the proprietary owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

• Sign the paper.

• Please send it to Solutionbay' Designated Agent for Copyright Infringement at info [at] Solutionbay [dot] com

You acknowledge and agree that upon receipt of a notice of a claim of infringement of proprietary rights, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials, will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

8. Member Disputes

You are solely responsible for your interactions with other Solutionbay.com Members. Solutionbay.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

9. Privacy

Use of the Solutionbay.com Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. 

10. Disclaimers

Solutionbay.com is not responsible for any incorrect or inaccurate Content posted on the Solutionbay.com Website or in connection with the Solutionbay.com Services, whether caused by Users of the Solutionbay.com Services or by any of the equipment or programming associated with or utilized in the Solutionbay.com Services. Problems, solutions or comments created by Members on the Solutionbay.com Website may contain links to other websites. Solutionbay.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Solutionbay.com. Inclusion of any linked website on the Solutionbay.com Services does not imply approval or endorsement of the linked website by Solutionbay.com. When you access these third-party sites, you do so at your own risk. Solutionbay.com takes no responsibility for third party advertisements which are posted on this Solutionbay.com Website or through the Solutionbay.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. Solutionbay.com is not responsible for the conduct, whether online or offline, of any User of the Solutionbay.com Services. Solutionbay.com assumes 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, any User or Member communication. Solutionbay.com is 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 any email or players due to technical problems or traffic congestion on the Internet or on any of the Solutionbay.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Solutionbay.com Services. Under no circumstances shall Solutionbay.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Solutionbay.com Services, attendance at a Solutionbay.com event, from any Content posted on or through the Solutionbay.com Services, or from the conduct of any Users of the Solutionbay.com Services, whether online or offline. The Solutionbay.com Services are provided "AS-IS" and as available and Solutionbay.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Solutionbay.com cannot guarantee and does not promise any specific results from use of the Solutionbay.com Services.

11. Limitation on Liability

In no event shall Solutionbay.com be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if Solutionbay.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Solutionbay.com’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Solutionbay.com for the Solutionbay.com services during the term of membership.

12. Indemnity

You agree to indemnify and hold Solutionbay.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Solutionbay.com Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Solutionbay.com Website or through the Solutionbay.com Services causes Solutionbay.com to be liable to another.

13. Other

This Agreement is accepted upon your use of the Solutionbay.com Website or any of the Solutionbay.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Solutionbay.com regarding the use of the Solutionbay.com Services. The failure of Solutionbay.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us via our contact form with any questions regarding this Agreement.