Contaya.com Terms Of Use

Last Updated: 2/1/2011

INTRODUCTION AND ACCEPTANCE OF TERMS

Contaya.com (Contaya or We or the service or the Service) provides this Website (Site) for your use, subject to these Terms of Use and all applicable laws and regulations. Please read these Terms of Use carefully. By accessing and/or using the Site, you fully and unconditionally accept and agree to be bound by these Terms of Use. If you do not agree to them, please do not visit or use the Site. Contaya.com reserves the right to revise these Terms of Use, so please check back periodically for changes. Your continued use of the Site following the posting of any changes to these Terms of Use constitutes your acceptance of those changes. Updates will be evidenced by a more recent Last Updated date at the top of this page.

USE OF THE SITE

You may not: (1) use the Site in an unintended commercial manner, including by distributing, transmitting or publishing the Site or any of its content; (2) interfere with others' use of the Site; (3) impair the Site's operation or interfere with or disrupt the servers or networks connected to it; (4) interfere with Contaya.com's intellectual property rights; (5) frame or otherwise co-brand the Site or any of its content; (6) deep-link to any portion of the Site; or (7) use the Site for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, lists or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Contaya.com, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. Contaya.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content, including but not limited to business endorsements and commentary. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.

You agree not to use the service to:

  • Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • Harm minors in any way;
  • Impersonate any person or entity, including, but not limited to, a Contaya.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
  • Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Promote or use the site for a commercial purpose for competitive products, except as expressly permitted by Contaya.com;
  • Keyword spam or to otherwise attempt to manipulate search results;
  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • "Stalk" or otherwise harass another individual or merchant;
  • Collect or store personal data about users any individual or merchant (including for the purposes of advertising to or soliciting any Contaya.com user to buy or sell any products or services) other than customers who willingly provide such information in order to explore bona fide business opportunities or connections.
  • Create or submit unwanted email or messaging ('Spam') to any other Contaya.com user.
  • By using the Service you agree to hold responsibility for all Content that you submit. Contaya.com has no obligation to monitor user submitted content. However, Contaya.com reserves the right to refuse or to remove any materials posted in its sole discretion and without informing you. By your use of the Service, you agree not to post any materials containing unlawful, defamatory, violation to other person's privacy, distributing of unsolicited advertising, sexual, racial or religious content. You also agree that you will not seek to enforce any copyright on any Content. You accept to waive any claim related to the inclusion, placement, exclusion, or removal of any Content on Contaya.com and to grant Contaya.com a non-exclusive, royalty-free license to use, publish, copy, edit, modify, or create derivative works from your submission.

    In addition, you agree that all hyperlinks and other offers comprising the Service may not be modified from the original form in which such hyperlinks and other offers are generally made available by Contaya.com.

    SITE MODIFICATIONS

    We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.

    PRIVACY POLICY

    Contaya.com takes your privacy seriously. Any information submitted on or collected through the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use.

    LINKS TO OTHER SITES

    Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.

    Please note that we might have active affiliate relationships with merchants featured on Contaya.com. If you visit a merchant featured on our site by clicking on a link on our site, a cookie may be placed on your computer to track the fact that you came via one of our links (unless you have cookies disabled in your browser or your computer hardware/software cannot handle them for some other reason). If you then complete a purchase at that merchant's site within a set period of time (this differs from merchant to merchant but is generally less than 3 months), we may receive a commission payment from that merchant.

    We do not sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

    Coupons, prices, and any other information displayed on the Contaya.com website are not guaranteed to be accurate in any way. We bear no responsibility for any coupons, prices, or other information posted on the Contaya.com website.

    APPLICATIONS AND TRANSACTIONS

    All applications and transactions made through the Site are subject to Contaya.com's acceptance, which is in our sole discretion. Without limitation, this means that Contaya.com may refuse to accept any application or transaction, whether or not the application or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party.

    ELECTRONIC COMMUNICATIONS

    By using the Site, you consent to receiving electronic communications and notices from Contaya.com. You understand and agree that account as decribed under ACCOUNT USERS AND REGISTRATION OBLIGATIONS on Contaya.com, the service may include certain electronic communications from Contaya.com, including but not limited to, service announcements, status reports, administrative messages and newsletters, and that these communications are considered part of Contaya.com accounts and (except as prohibited by applicable law) you may not be able to opt out of receiving them.

    NO RESALE OF SERVICE

    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

    ACCOUNT USERS AND REGISTRATION OBLIGATIONS

    The Service is available to individuals who are at least 18 years old. If you do not so qualify, do not attempt to register for or use the Service. Contaya.com may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.

    In order to take advantage or use some of the features offered with the Services, you may be required to register and/or create an account with Contaya.com. By creating an account, you agree to take full responsibility for maintaining the account user name, password, and all related activity that occurs under your account username. Contaya.com reserves the right to close your account at any time for any reason or no reason, in its sole discretion. Two kinds of user accounts are available on Contaya.com:

    In consideration of use of the Service, you agree to:

    Additionally, you agree that if you provide false information in a merchant account application, or during subsequent holding of a merchant account, to obtain access to a Contaya.com business listing that you are not legally entitled to claim, Contaya.com will be entitled to collect liquidated damages of $10,000 per violation or actual damages incurred by Contaya.com (whichever is greater) from you. You understand and agree that for any personal or merchant account on Contaya.com, the service may include certain electronic and telephone communications from Contaya.com, including but not limited to, service announcements, status reports, administrative messages and newsletters, and that these communications are considered part of Contaya.com accounts and (except as prohibited by applicable law) you may not be able to opt out of receiving them.

    TERMINATION

    You agree that Contaya.com, in its sole discretion, may terminate your password(s), Contaya.com webpages, use of the Service or use of any other Contaya.com service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Contaya.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Contaya.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and agree that Contaya.com may immediately deactivate or delete your Contaya.com webpages and all related information and files in your Contaya.com Site and/or bar any further access to such files or the Service. Further, you agree that Contaya.com shall not be liable to you or any third-party for any termination of your access to the Service.

    COUPONS/DEALS

    Your correspondence or business dealings with, or participation in promotions of, merchants or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree that Contaya.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

    If you as a merchant account holder submit any content on Contaya.com under the Coupons/ Deals section to provide consumers with coupons, deals, special offers, promotions, etc. through the Contaya.com platform, you represent and warrant that you have authority to offer such Coupons/Deals and promise to honor the terms of that coupon/deal as they are presented to the consumer through the Contaya.com platform. Without limitation of other representations, warrants, and indemnities elsewhere within these Terms, you specifically agree to indemnify Contaya.com against any claims by users of the Service that the terms of a coupon/deal were not honored.

    INTELLECTUAL PROPERTY

    All copyrightable text, graphics, sound, downloads, software and other material (collectively, the "Content"), the selection, compilation, arrangement and presentation of all materials, and the overall design of the Site are copyrighted by Contaya.com and are protected by law. All rights reserved. Any use of the Content is strictly prohibited, unless you have our prior written permission. The Site may also contain content that is owned by third parties, including our advertisers. You may use such third-party content only as expressly authorized by the applicable owner. All requests for permission to reprint or make any other use of the Content should be addressed to Contaya.com, c/o Traffikoo LLC, PO Box 191384, Dallas, TX 75219, USA or by email at info@Contaya.com. Contaya.com does not warrant that your use of materials displayed on or linked to the Site will not infringe the rights of third parties.

    Claims of Copyright Infringement. If you believe that materials posted on the Site violate your intellectual property rights, please contact Contaya.com at Contaya.com, c/o Traffikoo LLC, PO Box 191384, Dallas, TX 75219, USA or by email at info@Contaya.com. Please include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest; (2) a description of the copyrighted work or other protected material that you claim has been infringed upon; (3) a description of where the material is located on the Site; (4) your address, telephone number and e-mail address; (5) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; and (6) your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner's behalf.

    Contaya.com is included in the family of trademarks and service marks owned by Traffikoo LLC (this is not an all-inclusive list of Traffikoo LLC's trademarks and service marks). Trademarks and service marks designated with the "" symbol are registered with the U.S. Patent and Trademark Office and with numerous foreign countries. Other trademarks and service marks belonging to Traffikoo LLC may be designated with the "SM" or "TM" symbols. Our trademarks and service marks may not be used in connection with any product or service without our prior written permission. All other brands, trademarks and names not owned by Contaya.com that appear on the Site are the property of their respective owners, who may or not be affiliated with, connected to or endorsed by Contaya.com.

    ADVERTISEMENTS

    Contaya.com runs advertisements and promotions on Contaya.com webpages and electronic communications. You agree that Contaya.com has the right to run such advertisements and promotions on any webpages and electronic communications including your personal and business profile pages, summary pages, etc.. The manner, mode and extent of advertising by Contaya.com on any Contaya.com webpage or electronic communication are subject to change in the sole discretion of Contaya.com without the need for any prior notice.

    CONTENT SUBMITTED

    Contaya.com does not claim ownership of the Content you place on your Contaya.com Site. By uploading, submitting or otherwise disclosing or distributing content of any kind on the Contaya.com website or otherwise through the Service, you:

    You agree not to provide Contaya.com with any confidential or proprietary information that you desire or are required to keep secret.

    You acknowledge that Contaya.com does not pre-screen Content, but that Contaya.com and its designees shall have the right (but not the obligation) in their sole discretion to remove or block access to any Content that is available via the Service. Without limiting the foregoing, Contaya.com and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

    NO WARRANTY

    While we use our best efforts to maintain the accuracy and reliability of the Site, we do not warrant or represent that it will always function or be error-free. We assume no responsibility or liability for errors or omissions on the Site or for problems with its operation. Your access and use of the Site are at your own risk. Without limiting the foregoing, THE SITE, ITS CONTENT AND ANY PRODUCT OR SERVICE OFFERED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties, so the above may not apply to you.

    LIMITATION OF LIABILITY

    IN NO EVENT SHALL Contaya.com, ITS RELATED COMPANIES, AND EACH SUCH COMPANY'S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE SITE, ANY INFORMATION PROVIDED BY THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE. Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

    INDEMNITY

    You agree to indemnify and hold Contaya.com and its related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Site or your violation of any law or the rights of any person.

    DISPUTES

    These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law principles. Any action to enforce these Terms of Use shall be brought in the federal court in the Northern District of Texas or the state courts located in Dallas County, Texas. By using the Site, you consent to the jurisdiction and venue of these courts. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of the Site shall be resolved individually, without resort to any form of class action. Any claim or cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, regardless of any law to the contrary.

    GENERAL

    If any provision of these Terms of Use is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire agreement between you and Contaya.com in connection with your use of the Site.

    NOTICE

    Notices to you may be made via either electronic communications such as email or regular mail or telephone. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service. Notices of changes to the Terms may also be provided by updating the date at the top of the Terms (the "Last Updated" date at the top of this document).

    CONTACT US

    If you have any questions about these Terms of Use, please contact us at info@contaya.com.

    VIOLATIONS

    Please report any violations of the Terms to us at info@contaya.com.

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