1) Sign up as a new member

c:\sites\joebarter\terms.htm

Terms and Conditions

1. Sign up as a new member.

Welcome to Joe Barter. By using the services available from Joe Barter, including those from the domain of www.JoeBarter.com (the "Website"), you are agreeing to the following terms, including those available by hyperlink (the "Agreement" or "User Agreement") with Joe Barter, Inc. and the general principles for the websites of our subsidiaries and international affiliates. If you have any questions, please refer to the Contact Us section on the Website.

Before you may become a member of Joe Barter, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of other Joe Barter branded websites will be governed by the User Agreement and Privacy Policy posted on those websites.

This Agreement is effective on January 1st, 2006 for current users and upon acceptance for new users.

2. You agree as follows:

While using the Website, you will:
-- only use the Website for legal and proper means;
-- deliver payment and/or services for items purchased or sold or purchased by you;
-- deliver items purchased from you;

While using the Website, you will not:
-- violate any laws, third party rights, or our policies as provided and updated by Joe Barter;
-- distribute or post spam, chain letters, or pyramid schemes;
-- distribute viruses or any other technologies that may harm Joe Barter, or the interests or property of other users;
-- copy, modify, or distribute content from the Website and Joe Barter’s copyrights and trademarks; or
-- manipulate the price of any item or interfere with any other person's listings;
-- post any content that is false, deceptive, inaccurate, misleading, defamatory, or libelous (including personal information);
-- engage in any illegal or fraudulent behavior;
-- post any content which harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
-- post any content that includes personal or identifying information about another person without that person's explicit consent;
-- post any content in an inappropriate category or areas on the Website;
-- post any content that is at all pornographic or depicts a human being engaged in sexual activity, conduct or posing;
-- post any content that infringes any intellectual property right, including patent, trademark, trade secret, copyright or other proprietary rights of any party;
-- engage in any activity that is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

3. Content

You agree, acknowledge and understand as follows:

(a) All images, photos, video, sounds, postings, messages, text, files, or other materials ("Content") posted on, or linked from the services offered by Joe Barter are the sole responsibility of the person from whom such Content originated;

(b) You are entirely responsible for all Content that you post, email or otherwise make available via Joe Barter;

(c) Joe Barter does not control, and is not responsible for Content made available through its website, and that by using the Website, you may be exposed to information and material that is offensive, indecent, inaccurate, misleading, or otherwise objectionable;

(d) Joe Barter does not control links to other websites, which are completely independent of Joe Barter and as such Joe Barter makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.

(e) You acknowledge that Joe Barter does not pre-screen or approve content, but that Joe Barter shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available via its services for any reason including violating the letter or spirit of the Terms as periodically amended.

4. Privacy and Information Disclosure

You acknowledge and agree that Joe Barter may, in its sole discretion, preserve or disclose your content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment, protect the rights, property, or personal safety of Joe Barter, its users or the general public. You further acknowledge, agree and give your express consent to permit Joe Barter and/or its affiliates and advertisers to send you unsolicited emails, including emails containing advertisements for Joe Barter and other companies as well as periodically sending you Joe Barter's news letter containing hyperlinks to Joe Barter.com and its advertiser's web sites.

5. No Spam Policy

You understand and agree that sending unsolicited email advertisements to Joe Barter email addresses or through Joe Barter computer systems, is expressly prohibited by these Terms. You further agree that sending unsolicited email(s) will use or cause to be used Joe Barter’s servers located in California . Any unauthorized use of Joe Barter’s computer systems is a violation of these Terms and 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.

6. Limitations on service

You acknowledge that Joe Barter may establish limits concerning use of the service, including the maximum number of days that Content will be retained by the service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Joe Barter has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Joe Barter expressly reserves the right at any time to modify or discontinue the Service, or any part thereof, with or without notice, and that Joe Barter shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

7. Access to the Service

Joe Barter grants you a limited, revocable, nonexclusive license to access the Service for your own personal use of the Service, and not to download (other than page caching) or modify it, or any portion of it, or any Content made available via the Service (except for your own Content), without the express written consent of Joe Barter. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service for any purpose unless expressly permitted by Joe Barter. An exception is provided for the limited purpose of internet search engines that use tools to gather information for the purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

Joe Barter permits you to display on your website link or hyperlink to your website to individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only. You may also create a hyperlink to the home page of Joe Barter sites so long as the link does not portray Joe Barter, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

If you use the Service beyond the scope of authorized access granted to you by Joe Barter your permission or license immediately terminates. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Joe Barter.

8. Termination of service

You agree that Joe Barter, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Joe Barter believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Joe Barter shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

9. Dealings with organizations and individuals

You agree that Joe Barter shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Joe Barter is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Joe Barter, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

10. Proprietary rights

Joe Barter and all of the information contained in its website is protected by copyright laws. Any and all content displayed on the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof is prohibited without the express written consent of Joe Barter. You agree not to reproduce, duplicate or copy any content from the Service without the express written consent of Joe Barter. Joe Barter is a registered mark in the U.S. Patent and Trademark Office.

11. Disclaimer of Warranties

YOU AGREE THAT USE OF THE JOE BARTER SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE JOE BARTER SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, JOE BARTER DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE JOE BARTER SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, JOE BARTER DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE JOE BARTER SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE JOE BARTER SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, JOE BARTER DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE JOE BARTER SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

12. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL JOE BARTER BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF JOE BARTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE JOE BARTER SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE JOE BARTER SITE OR THE SERVICE, FROM INABILITY TO USE THE JOE BARTER SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE JOE BARTER SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE JOE BARTER SITE OR THE SERVICE OR ANY LINKS ON THE JOE BARTER SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE JOE BARTER SITE OR THE SERVICE OR ANY LINKS ON THE JOE BARTER SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

13. Indemnity

You agree to defend, indemnify and hold harmless Joe Barter, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

14. General information

The Terms constitute the entire agreement between you and Joe Barter and govern your use of the Service, superseding any prior agreements between you and Joe Barter. The Terms and the relationship between you and Joe Barter shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Joe Barter agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California.