Terms and Conditions
You must not misuse this website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of this website; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material [commonly referred to as "spam"]; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. Breaching this provision would constitute a criminal offense and BarterUpOnline.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your download of any material posted on this website, or on any website linked to this website. Prohibited items: it is prohibited to trade any item on this website that is "prohibited" to trade by applicable law.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this website remains the property of BarterUpOnline.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by BarterUpOnline.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content in connection with any business or commercial enterprise other than what is allowed through BarterUpOnline.com expressed intentions.
Terms of Subscription Sale:
By placing an order you are offering to purchase a temporary subscription on this website and are therefore subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays that are beyond this website's control or force majeure for which this website will not be responsible. In order to contract with BarterUpOnline.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. BarterUpOnline.com retains the right to refuse any request made by you. If your subscription or advertisement is accepted we will inform you by email. When placing a subscription or advertisement all details you provide to us must be true and accurate; that you are an authorized user of the credit or debit card used to purchase your subscription or advertisement, and that there are sufficient funds to cover the cost of the subscription or advertisement purchased. All prices advertised are subject to change without notice.
(A) Our Contract
When you purchase a subscription or advertisement, you will receive an email confirming your purchase: this email will constitute acceptance of your purchased subscription or advertisement.
(B) Pricing and Availability
While we try and ensure that all details, descriptions, and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any subscription or advertisement in which you have purchased, we will inform you of this as soon as possible and give you the option of reconfirming your purchase at the correct price or canceling it. If we are unable to contact you we will treat the purchased subscription or advertisement as cancelled.
Upon receiving your request to purchase a subscription or advertisement, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as payment for the subscription or advertisement you wish to purchase. Once the subscription or advertisement has been processed and you have been sent a confirmation email the monies paid shall be used as consideration for the value of the subscription or advertisement that you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. BarterUpOnline.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statue, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the "Linked Sites" and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect BarterUpOnline.com liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page, unless expressly allowed and intended by BarterUpOnline.com for you to do so. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of Trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons including their names and images, third party trademarks and content, services and/or locations featured on this website are in no way associated, linked or affiliated with BarterUpOnline.com and you should not rely on the existence of such a connection or affiliation. Any trademarks or names featured on this website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to BarterUpOnline.com.
You agree to indemnify, defend and hold harmless BarterUpOnline.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of the "Terms and Conditions".
BarterUpOnline.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Subscription, Advertisement, Services, Products, and/or any page of this website.
If any part of the "Terms and Conditions" is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the "Terms and Conditions" will not be affected, all other clauses will remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these "Terms and Conditions" and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above "Terms and Conditions" constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and BarterUpOnline.com. Any waiver of any provision of the "Terms and Conditions" will be effective only if in writing and signed by the Director of BarterUpOnline.com.
BarterUpOnline LLC Management
Updated: January 1, 2018