Updated Date: December 4th, 2015

 

BuyFind Terms of Use

 

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the buyfind.co website (the “Site”) operated by SpectreTechnology, LLC  ("us", "we", or "our").

 

Visitor (“You”, “Your”, or “Customer”) access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

 

ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SITE.

 

 

1. Description of Services – The services provided by SpectreTechnology, LLC consist of a mobile application ("BuyFind App") that provides a secure searching mechanism to locate potential products and services for users (the “Services”). The Application enables you as the customer to discover brands and products in real-time through our copyrighted search algorithms.

 

 

 

2. Access to Services - The Services, together with the Site and domain name and any other linked pages, features, content, or application services offered from time to time by SpectreTechnology, LLC are owned and operated by SpectreTechnology, LLC. Subject to the terms and conditions of this Agreement, SpectreTechnology, LLC hereby grants you a non-exclusive license, with no right to sublicense, to copy and install certain SpectreTechnology, LLC code on a website you own, control or operate, for the sole purpose of using the Service in connection with such websites. SpectreTechnology, LLC may change, suspend or discontinue the Service at any time, including the availability of any feature, database, or other content (as defined below). SpectreTechnology, LLC may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

SpectreTechnology, LLC reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Site following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.

You represent and warrant to SpectreTechnology, LLC that: (i) you are of legal age to form a binding contract, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Site and take full responsibility for the selection and use of and access to the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

 

 

 

3. SpectreTechnology, LLC Content - The Site, the Service, and their contents may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site or in the Service, including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “SpectreTechnology, LLC Content,”) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any SpectreTechnology, LLC Content accessed through the Site, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any SpectreTechnology, LLC Content or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

You may download or copy the SpectreTechnology, LLC Content (and other items displayed on the Site or Services for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such SpectreTechnology, LLC Content. You shall not store any significant portion of any SpectreTechnology, LLC Content in any form. Copying or storing of any SpectreTechnology, LLC Content other than personal, noncommercial use is expressly prohibited without prior written permission from SpectreTechnology, LLC or from the copyright holder identified in such SpectreTechnology, LLC Content’s copyright notice. If you link to the Website, SpectreTechnology, LLC may revoke your right to so link at any time, at SpectreTechnology, LLC’s sole discretion.

 

 

 

4. Your Content - In the course of using the Site, you may provide information which may be used by SpectreTechnology, LLC in connection with the Site. You understand that by providing content, materials or information (including without limitation information relating to your end user customers) to SpectreTechnology, LLC or in connection with the Site (collectively, “Your Content”), SpectreTechnology, LLC hereby is and shall be granted a nonexclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable and transferable right to use, process, store, copy, reproduce, reformat, translate, modify and create derivative works of Your Content (including all related intellectual property rights) in connection with SpectreTechnology, LLC’s provision of the Site. For clarity, the foregoing license grant to SpectreTechnology, LLC does not affect your ownership of or right to grant additional licenses to the material in Your Content.

You also acknowledge and agree that SpectreTechnology, LLC may use Your Content internally for improving the Site, and on an anonymized and aggregate basis for the purposes of marketing and improving the Site.

 

 

 

5. Registration & Security – As a condition to using some aspects of the Site, you may be required to register an email address with SpectreTechnology, LLC and set a password and user name (“User ID”). You shall provide SpectreTechnology, LLC with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. SpectreTechnology, LLC reserves the right to refuse registration of or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password. Your may not assign or otherwise transfer customer account to any other person or entity. You acknowledges that SpectreTechnology, LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. SpectreTechnology, LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

 

 

 

6. Payment & Fees – SpectreTechnology, LLC reserves the right to require payment of fees for certain or all functionalities of the Service. You shall pay all applicable fees, as described on the Site in connection with such functionalities selected by you. SpectreTechnology, LLC reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Site. Your use of the Site following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable.

 

 

 

7. Taxes - “Taxes” means all taxes, levies, imposts, duties, fines or similar governmental assessments imposed by any jurisdiction, country or any subdivision or authority thereof including, but not limited to federal, state or local sales, VAT, GST, use, property, excise, service, transaction, privilege, occupation, gross receipts or similar taxes, in any way connected with this Agreement or agreement required hereunder, and all interest, penalties or similar liabilities with respect thereto, except such taxes imposed on or measured by a party’s net income. All prices, fees and other charges payable under this Agreement or agreement ancillary to or referenced by this Agreement, shall not include any Taxes. You agree to bear and be responsible for all such Taxes. You shall make all payments required without deduction of any Taxes, except as required by law, in which case the amount payable shall be increased as necessary so that after making any required deductions and withholdings, SpectreTechnology, LLC receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such deductions or withholdings been made. If you are a tax-exempt entity or claims exemption from any Taxes under this Agreement, you shall provide a certificate of exemption upon execution of this Agreement and, after receipt of valid evidence of exemption, SpectreTechnology, LLC shall not charge you any Taxes from which it is exempt. Without limiting the foregoing, all references to payments made in this Agreement are exclusive of any VAT, GST or other consumption taxes (collectively, “VAT”) chargeable and where required by law, VAT shall be itemized at the rate applicable, if any, and paid in addition thereto. You shall communicate to SpectreTechnology, LLC your VAT identification number(s) attributed by (i) the country where you have established your business, and/or (ii) any other country where you have established a fixed establishment, to which the Site under this Agreement are provided. SpectreTechnology, LLC shall consider the Site under this Agreement to be for your business use and provided to the location(s) of you in accordance with the provided VAT identification number(s). You shall comply with all applicable tax laws and regulations, and you shall provide SpectreTechnology, LLC all necessary assistance to facilitate the recovery or refund of any VAT paid by SpectreTechnology, LLC in relation to the Site to the respective government or authority. You hereby agree to indemnify SpectreTechnology, LLC for any Taxes and related costs paid or payable by SpectreTechnology, LLC attributable to Taxes that would have been your responsibility under this section if invoiced to you. You shall promptly pay or reimburse SpectreTechnology, LLC for all costs and damages related to any liability incurred by SpectreTechnology, LLC as a result of your non-compliance or delay with its responsibilities herein. Your obligation under this section shall survive the termination or expiration of this Agreement.

 

 

 

8. Cancellation - This Agreement shall remain in full force and effect while you use the Site. You may terminate your use of the Site at any time. SpectreTechnology, LLC may terminate or suspend your access to the Site or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. SpectreTechnology, LLC may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Site, access the Site, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

 

 

 

9. Electronic Communications - Visiting the Site, sending emails to SpectreTechnology, LLC and admin@spectre-tec.com or using Third Party applications, constitutes electronic communications. By using the Site, you consents to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

 

 

10. No unlawful or prohibited use/Intellectual Property - You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As condition of your use of Site, you warrants to SpectreTechnology, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images as well as the compilation thereof, and any software used on the Site, is the property of SpectreTechnology, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agrees to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sales, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. SpectreTechnology, LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree to use protected content solely for your personal use, and will make no other use of the content without the express written permission of SpectreTechnology, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied to the intellectual property of SpectreTechnology, LLC or our licensors except as expressly authorized by these Terms.

 

 

 

11. International Users - The Site is controlled, operated and administered by SpectreTechnology, LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agrees that you will not access the Site, in any country, or in any manner prohibited by any applicable laws, restrictions or regulations.

 

 

 

12. Indemnification - You agrees to indemnify, defend and hold harmless SpectreTechnology, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of the Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations SpectreTechnology, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnifications by you, in which event you will fully cooperate with SpectreTechnology, LLC in asserting any available defenses.

 

 

 

13. Liability disclaimer - The information, software products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. SpectreTechnology LLC and/or its suppliers may make improvements and/or changes in the site at any time. SpectreTechnology LLC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or conditions of any kind. SpectreTechnology LLC and/or/ its suppliers hereby disclaim all warranties and conditions with regards to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.  To the maximum extent permitted by applicable law, in no event shall SpectreTechnology LLC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability t use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if SpectreTechnology LLC or any of its suppliers has been advised of the possibility of damages, because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

 

 

 

14. THIRD PARTY WEBSITES - The Site may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by SpectreTechnology, LLC. When you access Third Party Websites, you do so at your own risk.

 

 

 

15. Restrictions – You are responsible for all of your activity in connection with the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Site. Use of the Site to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Site, or any processes that run or are activated while you are not logged on to the Site, or that otherwise interfere with the proper working of or place an unreasonable load on the Site’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Site is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Site. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Site.

You acknowledge that all SpectreTechnology, LLC Content and Your Content (together, “Content”) accessed by you using the Site is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will SpectreTechnology, LLC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, including without limitation reports generated by the Site, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Site. You, not SpectreTechnology, LLC, remain solely responsible for all Content, including messages, that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Site.

 

 

 

16. Warranty Disclaimer - You acknowledge that SpectreTechnology, LLC has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via 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 SpectreTechnology, LLC from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites or applications containing information that some people may find offensive or inappropriate. SpectreTechnology, LLC makes no representations concerning any content contained in or accessed through the Site, and SpectreTechnology, LLC will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. SpectreTechnology, LLC makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site. THE SITE CONTENT, WEBSITE AND ANY SOFTWARE 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, NON-INFRINGEMENT, OR THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SPECTRETECHNOLOGY, LLC OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

 

 

17. Miscellaneous - The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with SpectreTechnology, LLC’s prior written consent. SpectreTechnology, LLC may transfer, assign or delegate this Agreement and its rights and obligations without consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind SpectreTechnology, LLC in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.

 

 

 

18. Arbitration; Governing Law -  This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Metropolitan District of New York City. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND SPECTRETECHNOLOGY, LLC ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

 

 

19. Changes to Terms - SpectreTechnology, LLC reserves the right, in its sole discretion, to change the Terms under which usage of the Site is offered. The most current version of the Terms will supersede all previous versions. SpectreTechnology, LLC encourages you to periodically review the Terms to stay informed of account updates.

 

 

 

20. CONTACT - If you have any questions, complaints, or claims with respect to the Site, you may contact us at

 

Legal Team | Admin@Spectre-Tec.com