The Website refers to Barbecue Swap, accessible at https://www.barbecueswap.finance/
1. Website and Services Usage
Provided you adhere to the terms and conditions herein, you may access and use the Website to employ the Services on a non-exclusive basis. Be aware that the Company can, at its discretion and without prior notice, modify, update, or change the Website or Services, including discontinuing any part or all of the Website and/or Services or altering or deleting any content available through the Website or Services.
Usage of the Website and Services is prohibited where forbidden. By utilizing the Website and Services, you affirm and warrant that: (a) any submitted information (if applicable) is accurate and truthful; (b) you will maintain the accuracy of such information; (c) you have reached the age of majority in your jurisdiction; and (d) your use of the Website or Services does not contravene or promote the violation of any relevant law, regulation, or legal or contractual obligation you may have to a third party, and you will always comply with all applicable laws, rules, and regulations associated with your use of the Services and Website, any services arranged through the Services and Website, and any services connected in any way to the Products or Third Parties, as defined herein.
Collectively, subsections (a)-(d) shall be referred to as the “Users’ Commitments and Guarantees”.
By utilizing the Services or Website, you acknowledge and agree that the Company may, at its discretion, verify whether any or all of the Users’ Commitments and Guarantees are met by any User, but is not required to do so. The Company is not responsible for ensuring that the Users’ Commitments and Guarantees are met or for any failure to suspend, terminate, or prevent the use of the Services or Website by Users who do not meet the Users’ Commitments and Guarantees. You understand that you are solely accountable for making your evaluations, decisions, and assessments regarding whether to engage with any Third Parties or interact with any Third Parties in any manner. If you become aware of any violation of the Users’ Commitments and Guarantees, you are encouraged to report it to the Company.
The Company reserves the right, at its sole discretion, to deny you any Services with or without notice, whether it becomes aware of any violation of the Users’ Commitments and Guarantees (either by reports provided by other Users or any other means) by you or any other User or for any other reason. Without detracting from the above, the Company expressly disclaims and you expressly release the Company from any and all liability arising from or in any way related to: (i) any inaccuracies, untimeliness, or incompleteness of a User’s or Third Party’s representations; and (ii) misstatements and/or misrepresentations made, either in connection with or by any of the Third Parties or other Users, Products, or otherwise. By using the Website and Services, you understand and agree that the Services merely provide a platform designed to assist Users in reaching, purchasing, and/or utilizing various products and services offered by third-party vendors and/or service providers through the ads or promotions we run (the “Products” and the “Third Parties”, respectively).
You acknowledge and agree that the Company: (a) does not employ, endorse, or recommend any Third Parties or Products or any related party thereof, and has no control over the actions or omissions of any Third Party, their business, their products, or services; (b) makes no representations or warranties about the Third Parties and Products, including their quality, pricing, compatibility, availability, or any other features, or about your interactions or dealings with any Third Parties; (c) makes no representations or warranties about the proprietary rights or other rights or features or regulatory aspects related to the Products, including any required authorization, permits, or licenses for the upload, sharing, or otherwise making available and for the use, sale, and purchase of such Products; and (d) is not responsible for the performance or conduct of any User or other third parties in any way using or having used the Services and/or on or off the Website. The Company is not obligated to screen or otherwise verify any information regarding Third Parties and/or Users, the Products, or any other feature related to the Website or Services. Therefore, you should exercise caution and perform your examinations and checks before engaging with anyone through the Services or Website or otherwise interacting with anyone.
The Company expressly disclaims and you expressly release the Company from any and all liability arising from or in any way related to the Third Parties, Products, Services, and Website or your interactions or dealings with any Third Parties, including without limitation any acts and/or omissions of Third Parties in any way using or connected to the Services or Website in any means. By using the Services or Website, you acknowledge that you are solely responsible for such use and the connections, interactions, purchases, or any other action you make, and that all use of the Services or Website is at your sole risk. For the avoidance of doubt, the Company is not selling, licensing, or otherwise making available to you any Products or services (other than the Services) and shall not have any liability for any Products or services purchased by you from any Third Party, including without limitations, with respect to any support and maintenance, defaults, errors, failures, damages, or costs of any kind.
Without detracting from Section 1, you shall not, and shall not permit any third party to: (a) reverse engineer or attempt to find the underlying code of the Website or Services; (b) use the Website or Services in violation of any applicable law or regulation, including but not limited to, post, publish, share or otherwise transfer any illegal or offensive material; (c) copy, modify, or create derivative works of the Website, Services, or content of any of the Website or Services; (d) attempt to disable or circumvent any security or access control mechanism of the Website or Services; (e) design or assist in designing cheats, exploits, automation software, bots, hacks, modes or any other unauthorized third-party software to modify or interfere with the Website or Services; (f) use the Website or Services or engage with other Users for any purpose that is in violation of any applicable law or regulation; (g) attempt to gain unauthorized access to the Website or Services, other User Accounts, as defined below, or other devices, computer systems, phone systems, or networks connected to the Website or Services; and (h) harvest or otherwise collect information about Users without their consent.
If you post, publish, share, or otherwise transfer through the Website and/or using the Services any content, you represent and warrant that such content provides an accurate and complete picture of any products or services described therein, complies with these Terms herein, and does not: (a) infringe the intellectual property, moral, or publicity rights of any third party; (b) contain any defamatory, libelous, obscene, sexually suggestive, or otherwise offensive content (including material promoting or glorifying hate, violence, or bigotry); (c) contain any worms, viruses, or otherwise malicious software; (d) violate any applicable law or regulation, including any law or regulation concerning advertising or marketing; and (e) take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
By posting, uploading, publishing, sharing, or otherwise transferring any content using the Website or Services, you hereby irrevocably grant the Company and any of its affiliates and/or sublicenses a worldwide, non-exclusive, perpetual, royalty-free license to publish, share, display, and otherwise transfer such content in any reasonable form as determined by the Company’s sole discretion. The Company reserves the right to remove, suspend access to or permanently delete any content in accordance with its sole discretion without prior notice, including without limitation any content that violates the warranties set forth above or the Company’s business interests, and you shall have no right or claim in respect of any such decisions and actions.
The Company is not, and shall not be, liable for any content provided, posted, uploaded, shared, or otherwise made available by Users, any products or services related to such content provided, posted, uploaded, shared, or otherwise made available by Users. Each User using the Website or Services hereby represents to take full responsibility in respect thereof, and the Company shall bear no liability with respect to the foregoing.
3. Marketing Materials and Newsletters
In addition to the provisions of Section 3 above, the User gives express consent to the Company to provide the User with marketing materials and newsletters (the “Marketing Materials and Newsletters”) by any means available, including via email, text and SMS messages, fax, post, automated dialing services or any other means, all in accordance with the Company’s sole discretion from time to time, and to receive such Marketing Materials and Newsletters.
The User further acknowledges that the Marketing Materials and Newsletters may include advertisements from third parties, and the User expressly consents to the receipt of such advertisements as part of the Marketing Materials and Newsletters. The User may contact the Company at any time by sending a request via email, notifying the Company of their refusal to further receive the Marketing Materials and Newsletters.
4. Intellectual Property Rights
The Company is the owner of all worldwide rights, titles, and interests in: (a) the Website and Services, enhancements, derivatives, bug fixes, or improvements to the Website and Services; and (b) trade names, trademarks, and logos of the Company, and such rights shall remain solely with the Company at all times. All references in these Terms or any other communications to the sale, resale, or purchase of the foregoing shall mean only the right to use the Website and Services pursuant to these Terms. Users bear sole liability for any and all content, including any intellectual property rights thereof, provided, shared, or otherwise made available by the Users using the Website and/or the Services, and the Company makes no representation with respect to any such content. The Company will not be liable for any losses or damages incurred by such content, and Users agree to indemnify and hold the Company harmless for any damage or loss arising from the above.
6. External Connections
7. Restricted Usage
Commercial endeavors are not permitted through the Website and Services (unless the Company explicitly permits connecting Users to Third Parties) without the express written consent of the Company. The Website and Services may not be used by any individual or organization to recruit for another website, solicit, advertise, or contact Users for employment, contracting, or any other purpose for a business not affiliated with the Company without express written permission from the Company. You agree not to use the Services and Website to contact, advertise, solicit, or sell to any other User without their express consent, unless otherwise allowed under these Terms.
Users can contact the Company for support regarding the Website and Services by sending an email.
The Company makes reasonable efforts to ensure its technology keeps the Website and Services safe and secure. However, no technology is completely secure. As a result, while we strive to use commercially acceptable methods to protect your personal information, we cannot guarantee its absolute security. Except as explicitly stated in these Terms, your use of the Website and Services is at your sole discretion and risk. The Website and Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. The Company expressly disclaims all implied or statutory warranties of any kind related to the Website and Services, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing, or course of performance. The Company does not provide any advice regarding the risk or suitability of any trade, transaction, or engagement. The Company assumes no responsibility for any transaction or engagement made by you, and you acknowledge that you are solely responsible for assessing your transactions and engagements. You shall not hold the Company, its officers, employees, or affiliates liable for any transaction or engagement choices made by you. No advice or information, whether oral or written, obtained by you from the Company or its officers, employees, or affiliates shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
10. Liability Limitation
The Company does not guarantee the value, quality, compatibility, or any other aspect of the Third Parties, Products, or any other information provided, consumed, or otherwise made available (hereinafter in this Section: the “Features”). Any Feature is under the sole responsibility of the applicable Third Party or User using it, as applicable, or using the Services or Website. The Company does not undertake to monitor such compliance and may act where non-compliance is detected as shall be decided in accordance with its sole discretion, as described in these Terms. You understand and agree that you may be exposed to content or other information that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited for you.
The Company 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 due to technical problems or traffic congestion on the Internet or on any of the Website or Services or combination thereof, including any injury or damage to Users or to any person’s computer, mobile phone or any other device related to or resulting from participation or downloading materials in connection with the Website or Services. Under no circumstances shall the Company be responsible for the conduct of third parties, including any Users, whether online or offline, and operators of external sites.
In no event shall the Company or any of its officers, directors, employees, or agents be liable to you for any indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of the Website or Services, whether or not the damages are foreseeable and whether or not the Company has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You will defend, indemnify, and hold the Company harmless from and against any and all suits, proceedings, assertions, damages, costs, liabilities, or expenses (including court costs and reasonable attorneys’ legal fees) which the Company may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from or relating to any breach of these Terms by you or any use by you of the Website or Services not in accordance with applicable law.
Any cause of action against the Company must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and the Company or enables you to act on behalf of the Company. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between the Company and you pertaining to the subject matter hereof.
Any notices that we may be required to provide to you, whether under law or according to these Terms, may be provided by the Company to any contact information you have provided in your Account information or other, either directly or indirectly, including through email. You expressly agree to the receipt of such communications and notices in such manner.
You may not assign any rights hereunder without our prior written consent. Nothing contained in these Terms shall be construed to limit the actions or remedies available to the Company with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and the Company reserves the right to enforce such term at its sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.