Terms of Use and Privacy

PRIVACY POLICY

This Privacy Policy together with the Terms and Conditions govern your use of and are applicable to unbagged.com (“unbagged”). By using this website (“Website”) you consent and agree to these terms and conditions.  Any questions or comments you may have regarding this privacy policy, contact unbagged.

Unbagged respects each individual user’s right to privacy. Unbagged and its sites do not collect personal identifying information unless such information is specifically and knowingly provided from users during contests, surveys, sweepstakes, giveaways, site registration, or use of public features, if available, such as comments. Unbagged may use aggregate forms of this information — not individual data — for marketing and promotional purposes. Unbagged does not supply identifying information to other companies, or use such information for its own purposes including but not limited to email newsletters, unless the user “opts-in” for such purposes by specifically allowing usage.  In these cases such identifying information may be used to notify a user of requested information, such as notification of a winning entry in a contest or sweepstakes. Unbagged is not responsible for any actions or policies of such companies.

Unbagged uses reasonable precautions to keep the personal information disclosed to us secure. However, Unbagged is not responsible for any breach of security. If an unbagged user knowingly provides personal information, such as a name or email address, that user should be aware that the information provided can be collected and used by third parties. Such activities are beyond the control of Unbagged.

Cookies

Non-personal information and data may be automatically collected through the standard operation of Unbagged’s Internet servers or through the use of “cookies.” Cookies are small text files a website places on your computer’s hard drive to recognize repeat users and facilitate the user’s use of the website. Also, cookies allow a site to track usage behavior and compile aggregate data for content analysis, relevant advertising, and marketing and promotional purposes. Third-party advertisers may also use cookies and Unbagged cannot control their use.  Users should be award that while most browsers allow users to control cookies, certain websites or website features many not work when cookies are disabled or limited.

TERMS OF USE

Disclaimer–No Warranty

Descriptive text, titles, meta information, prices, hyperlinks, photographs, videos, audience comments, collectively “Content”, are provided “as is” without warranties, representations, or guarantees of any kind. Unbagged is not liable for omissions or typographical errors contained in the Content. You acknowledge that any reliance upon any Content shall be at your own risk. If a party for whom Content has been published discovers an error or omission in the Content, it is that party’s obligation to notify unbagged of the error or omission; however, unbagged does not warrant that such error or omission will be corrected.

Unbagged and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Website or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Website (including, without limitation, as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Website.

All transactions made based on information from the Website are solely between buyer and seller. Buyer’s sole rights and remedies shall be against the seller. By using the Website, you acknowledge and agree that Unbagged has no liability for any cost, damage, or harm, directly or indirectly, in connection with the delivery, failure to deliver, performance, quality, or any other aspect of any products or services ordered or attempted to be ordered via information from the Website.

You agree to indemnify, defend, and hold harmless Unbagged and any of its officers, owners, agents, employees, affiliates, licensors, and licensees from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys’ fees, and costs incurred in connection with any claim arising our of your use of the Website or any breach by you of these Terms and Conditions. Unbagged reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter related hereto without the written consent of Unbagged.

Unbagged shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Website. Unbagged does not warrant that the Website will be uninterrupted, error free, or virus free; nor does Unbagged make any warranty as to the results to be obtained from use of the Website or its Content. The Website and its Content are distributed on an “as is, as available” basis. UNBAGGED MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OF IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may or may not apply to you. In such states, the liability of Unbagged shall be limited to the greatest extent permitted by law. You expressly agree that the entire risk as to the quality and performance of the Website and the accuracy or completeness of the content is assumed solely by you.

Copyright

unbagged, unbagged.com, “unbagged” the name and its Websites are protected by Copyright as a collective work and/or compilation. Information, compilations of information, graphics and other material (“Content”) of the Website is copyright © 2007 – 2010 by Unbagged. Unless otherwise explicitly stated by Unbagged, you may copy the Content only for your own personal use, provided that you maintain all copyrights and other notices that are contained in the Content, but you may not otherwise download or store Content. Except as allowed by copyright laws, no copying, storage, publication, or redistribution of any Content is permitted without the express written permission of Unbagged or the owner of the trademark.

This Website (including, without limitation, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and Unbagged (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has rights therein. All individual articles, videos, content and other elements comprising this Website are also copyrighted works, and Unbagged (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has rights therein. You must abide by all additional copyright notices or restrictions contained in this Website.

Minors 

Information may not be submitted to Unbagged by children under 18 years of age without their parent’s or guardian’s consent. We do not monitor the age of our audience.

Submissions

Unbagged reserves the right to use in any way it wishes any and all information or correspondence sent to it or its current or future Websites via email, letters, phone, or any electronic or other means of communication. You acknowledge that any communication with or transmission to Unbagged may be intercepted or read by others and is not confidential. No fiduciary relationship exists between you and Unbagged.

You represent, warrant, and covenant that you shall not upload, post, distribute or transmit through Unbagged any information that (i) restricts or inhibits any other user from using or enjoying the Website, (ii) in the Unbagged’s discretion is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or violate the law, (iv) violates, plagiarizes, or infringes on the rights of third parties, (v) contains a computer virus or other harmful component, or (vi) constitutes or contains false or misleading indications of origin or statements of fact.

External Sites and Links

Unbagged is not responsible for the availability of, or the content located on or through, any external site referenced on its Websites or in its communications. You should contact the site administrator of those external sites if you have any concerns regarding the content located on them. Links to and from Unbagged and its sites do not constitute an endorsement by Unbagged of any third party products or services.

Modifications 

Unbagged may change, suspend or discontinue all or any aspect of the Website at any time, including the availability of any database, feature, or content, without prior notice or liability. Unbagged reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Please review these Terms and Conditions from time to time to ensure that you are aware of any changes.

 Unbagged reserves the right to change this policy at any time by posting notice of the existence of a new privacy statement. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.