Terms & Conditions

Welcome to fyndesters.com.  The web pages available at fyndesters.com, as well as all linked pages (hereinafter “Site”), are owned and operated by fyndesters (“fyndesters”), and are accessed by you under the Terms of Use described below (“Terms of Use”). Please read these terms of use carefully before using the Site or its services.

Acceptance of Terms

By accessing Fyndesters.com, or by using any part of the Site, you agree to become bound by these terms and conditions (including, without limitation Fyndester’s Privacy Policy). If you do not agree to all the terms and conditions, then you may not access or use the content or any services offered on the Site. Fyndesters's acceptance is expressly conditioned upon your assent to all these terms and conditions, to the exclusion of all other terms; if these terms and conditions are, at any point, considered or characterized as an offer by Fyndesters, acceptance is expressly limited to these terms.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of California, U.S.A.

Intellectual Property

The contents of the Site are protected by U.S. and International copyright and trademark laws. The contents of the Site are owned by or licensed to Fyndesters or its affiliates. In the case of User Materials (as defined in the "User Materials" section below), the contents are licensed to Fyndesters by the user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the Site without the prior written consent of Fyndesters, except as provided below. All rights not expressly granted in these Terms of Use are reserved to Fyndesters.

You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.

You may copy, or download, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include, without modification, all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests Fyndesters or Fyndesters.com promotes or endorses your, or any third party's, causes, ideas, web sites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. In addition, you may use apps, widgets and tools on the Site that allow selected User Materials to appear on your mobile device, personal, noncommercial web site, weblog or other application, subject to the conditions in the preceding sentence.  No quotes from any material on the Site may be used in any media without attribution to Fyndesters.com.

Any other use of Site content requires prior written permission from Fyndesters.

User Materials

Through the community features of the Site, users may post, upload, transmit and/or otherwise submit (hereinafter "Submit") comments, messages, text, photos, images, story ideas, essays, and other content materials, as well as make recommendations, on or through the services of Fyndesters.com ("User Materials").  You agree to post only images of items you personally own and were not acquired through theft or other unlawful means.  You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by the Fyndesters staff and on the Site by the general public.  You acknowledge that the Site and all its services are for public and not private communications.

Fyndesters reserves the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in its absolute and sole discretion without prior notice, although it has no duty to do so. If Fyndesters elects to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If Fyndesters has questions about your User Materials, Fyndesters retains the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.

You retain the copyright and other ownership rights in any User Materials that you submit on or through the Site. However, by submitting User Materials on or through the Site, you are agreeing that the information and images submitted may be used by Fyndesters and may be published on our websites and/or in all other mediums. By submitting User Materials, you hereby grant Fyndesters, its affiliates, and their respective licensees, a non-exclusive, irrevocable, perpetual, royalty-free, worldwide, transferrable license to use, copy, sublicense, modify, transmit, publish, publicly perform, display, create derivative works of, host, index, cache, tag, encode, reproduce, edit, display, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, throughout the world and for any purpose including, but not limited to, Fyndesters.com, its linked pages, applications and services, third party licensee web sites, applications and services, over the air (on all forms of radio or television), Fyndester print publications, and other applications and services later devised, without payment and without further consent or notice to you. You further grant Fyndesters, Fyndesters.com, and their licensees the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the User Materials.

In addition, you grant each user of the Site, third party licensee web sites, applications and services, a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the Site, third party licensee web sites, applications and services, and to use your User Materials pursuant to these Terms of Use and the terms of use of the third party licensee web sites, and as permitted by the functionality of the Site and third party licensee web sites, applications and services (such as through widgets, RSS feeds and other methods similar or dissimilar, now known or later devised).

Entries submitted for posting are selected entirely at the discretion of Fyndesters. You acknowledge and agree that Fyndesters shall have no obligation to post, display or otherwise make publicly available any photo, information, or other content submitted by you, and may, in its sole discretion, remove, edit, modify or delete any photo, information, or other content that you submit to the Site.

By submitting any photo, content, or information to Fyndesters, you represent that the submitted photo or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant any and all rights and licenses granted to Fyndesters. You understand and intend that any photo, content, or information submitted by you to Fyndesters may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any photo, content, or information you submit to the Site.

Digital Millennium Copyright Act Notices

Fyndesters respects the intellectual property rights of others.  It is, therefore, Site policy to expeditiously process, investigate and address notices of alleged infringement, and to take appropriate action under the Digital Millennium Copyright Act and other relevant intellectual property laws. 

If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the Site, please provide the following information in writing to Fyndesters.com's Copyright Agent (see 17 U.S.C. Section 512(c)(3) for further detail):

            1.  A signature (physical or electronic) of the copyright owner or a person authorized to act on behalf of the copyright owner

            2.  A description of the copyrighted work that you claim has been infringed.

            3.  A description of the material that you claim is infringing or that you claim is the subject of the infringing activity and is to be removed or have access to same disabled, and information sufficient to permit the staff of Fyndesters.com to locate the material.

            4.  Information sufficient for us to contact you, such as address, telephone number and e-mail address.

            5.  A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

            6.  A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

If you believe that any content or materials you posted, uploaded or submitted to the Site, that were subsequently removed from the Site, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to Fyndesters.com's Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):

            1.  Your signature (physical or electronic)           

            2.  A description of the copyrighted work that you claim has been infringed.

            3.  A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

4.  Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

The Copyright Agent can be reached as follows:

Fyndesters.com

Attn:  Copyright Agent

332 N. Lapeer Drive 

Beverly Hills, CA 90211

Phone: (310) 472-9425

Email: copyright@fyndesters.com

The Copyright Agent will only receive DMCA notices.  Please send other notices and comments to Fyndesters.com Webmaster.

International Users

Fyndesters.com is controlled and operated within the United States.  Fyndesters makes no representation that content, materials or products available on or through Fyndesters.com are appropriate or available for use outside of the United States.  If you are accessing Fyndesters.com from a location outside the United States, then you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations

Spam Policy

You understand and agree that sending unsolicited email advertisements or posting unsolicited advertisements in the comments or through the Site’s computer systems in any way is expressly prohibited by these terms.  Any unauthorized use of Fyndesters.com computer systems is a violation of these Terms, as well as certain federal and state laws, including, without limitation, the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code.  Such violations may subject the sender and his or her agents to civil and criminal penalties.

Indemnity

You will indemnify and hold harmless Fyndesters, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys’ fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the services available on the site, violation of these Terms of Use by you, or the infringement by you, or any third party using your account or Site User ID, of any intellectual property or other right of any person or entity.

Limitation of Liability

You agree that in no event shall Fyndesters be liable under contract, tort or strict liability, negligence or any other legal theory (i) with respect to the Site, the services available on the Site or any content available on the Site for any lost profits or special, indirect, incidental, punitive or consequential damages of any kind whatsoever, (ii) for interruption of use or loss or corruption of date; or (iii) for any direct damages in excess of (in the aggregate) $100. If your state does not allow for the limitation or exclusion of incidental or consequential damages, the above may not apply to you.

User Conduct

As a condition of use of the Site, you promise not to use the Site or any services available on the Site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Fyndesters.  You understand that you are expected to respect the rights of others as a condition of your use of the Site.

Solely as examples, and not in any way limited to the following examples, you agree not to use the Site or services available on the Site:

1.            To abuse, harass, threaten, stalk, impersonate, or intimidate other users of Fyndesters.com;

2.            To post or transmit any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party, or content that is degrading, intimidating, or hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

3.            For any illegal or unauthorized purpose.  If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;

4.            To post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any Fyndesters.com user;

5.            To create or submit unwanted email or communications to any other users of Fyndesters.com;

6.            To violate any laws in your jurisdiction;

7.            To submit links to or comments soliciting on behalf of multi-level marketing schemes (so-called pyramid schemes), and with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means whether now known or later devised, whether similar or dissimilar to the aforementioned means, to access the Site for any purpose without Fyndester’s express written permission;

8.            To take any action that (i) imposes or may impose in Fyndester’s sole discretion an unreasonable or disproportionately large load on our infrastructure, including but not limited to, throttle violations; (ii) interferes or attempts to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypasses any measures we may use to prevent or restrict access to the Site;

9.            To attempt to impersonate another user or person;

10.            To sell or otherwise transfer your profile. 

Right to Terminate

Fyndesters reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Application or Services or to modify these Terms, at any time and without prior notice.  Fyndesters may terminate or suspend any and all services provided to you, as well as the termination or suspension of your Fyndesters.com account immediately, without prior notice.  All provisions of these Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity and limitations of liability. You may cancel your Account at any time.

Disclaimer

If you create an account on the Site, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Site. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Fyndesters may change or remove any description or keyword that it considers inappropriate or unlawful. You must immediately notify Fyndesters of any unauthorized uses of your account or any other breaches of security. Fyndesters will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Fyndesters has not reviewed, and cannot review, all of the material posted on or linked to the Site, and cannot therefore be responsible for user posted content, use or effects. By operating the Site, Fyndesters does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

You acknowledge that Fyndesters has no control over, and no duty to take any action regarding: which users gain access to the Site or use the services available on the Site; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release Fyndesters from all liability for you having acquired or not acquired content through the Site or the services available on the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive, inappropriate or otherwise objectionable, as well as content containing technical inaccuracies, violations of privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Fyndesters makes no representations concerning any content contained in or accessed through the Site or services available on the Site, and Fyndesters will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the services available on the Site and disclaims responsibility for any resultant harm.

The service of the site, content and Site are provided on an "As Is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.

Entire Agreement

These Terms and the Privacy Policy constitute the entire and exclusive understanding and agreement between Fyndesters and you regarding the Site and these Terms supersede and replace any and all prior oral or written understandings or agreements between Fyndesters and you regarding the Site.

The failure of Fyndesters to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Fyndesters. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.