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STUFFBUFF TERMS OF SERVICE

Last revised: October 6, 2009

1. General

Welcome to the StuffBuff website. The StuffBuff website will, among other things, allow you to catalog stuff you own, allow you to view information from other StuffBuff users about what they own, check out reviews of stuff on the StuffBuff website, post, follow and/or share information with other StuffBuff users, view StuffBuff created content as well as other users content and third party content, and assist you in the purchase and sale of stuff. The StuffBuff website and all related domains, websites, services and pages owned or operated by StuffBuff (collectively the "Site") and any services made available on the Site ("Service") are provided to you based upon your acceptance of these Terms of Service and the StuffBuff Privacy Policy (which are incorporated herein by reference), and other notices posted on the Site.

These Terms of Service and the StuffBuff Privacy Policy set forth the legally binding terms for your use of the Site and Service (collectively, the "Agreement"). By accessing or visiting the Site or using any Service, you agree to be bound by this Agreement. You are only authorized to access or visit the Site and/or use the Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully. Your visiting or use of the Site or any Service, constitutes your acknowledgment and agreement to this Agreement and other notices posted on this website. If you do not agree to be bound by and comply with all of the foregoing, do not use the StuffBuff website and you may not visit or access the Site or use the Service. By visiting and accessing the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein.

StuffBuff and its partners shall have the right, at their sole discretion, to modify, add or remove any terms or conditions of this Agreement without notice or liability to you. Any changes to this Agreement shall be effective immediately following the posting of such changes on the Site. The most recent version of this Agreement may always be found at http://www.StuffBuff.com/about-us.html?tab=tab-about-us2.html. You agree to review this Agreement from time to time and agree that any subsequent access or use by you of this website following changes to this Agreement shall constitute your acceptance of all such changes.

2. Eligibility and Registration.

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Site and the Service. If you are under the age of 18 or the applicable legal age in your jurisdiction, you may not access or visit the Site or use any Service without the consent of your parent or legal guardian. If you are under the age of 18 or the applicable legal age in your jurisdiction, you may not purchase or sell stuff unless your parent or legal guardian authorizes and performs the actual purchase or sale. Access to the Site and/or use of the Service is void where prohibited by applicable law, and the right to access the Site and use the Service is revoked in such jurisdictions. If you wish to use the Site to catalog or list your stuff, you will be required to register with StuffBuff. When completing the registration form, you will provide true, accurate, and complete information, and maintain and promptly update this information. If you provide any information that is not true, inaccurate, or incomplete, or if StuffBuff has reasonable grounds to suspect that the information is false, inaccurate, misleading or incomplete, StuffBuff has the right to suspend or terminate your membership and access to the Site. As part of the registration form, you will be asked to provide your name, a valid email address that you own and use and to select a password (your "User ID"). In addition, if you wish to use the Service to purchase stuff on the Site, (and if and when the Service offers or includes enhanced listings, promotional features and/or an auction, sell stuff), you will need to provide a valid credit card. You may not: (a) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person; (b) use as a User ID a name subject to any rights of a person or entity other than yourself without appropriate authorization; or (c) use a User ID that StuffBuff, in its sole discretion, deems offensive. StuffBuff 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 and credit card and are fully responsible for all activities that occur under your User ID, password and credit card, including use by any third party authorized by you. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account. Your User ID shall be for your personal use only. You agree to: (y) immediately notify StuffBuff of any unauthorized use of your User ID, password or credit card (or any known or suspected breach of security, including loss, theft, or unauthorized disclosure), and (z) ensure that you exit from your account at the end of each session.

3. Personal Use Only Please.

The Site is made available for your personal use in connection with cataloging your stuff, viewing and reviewing stuff listed on the Site and communicating with other users. The Service and Site may not be used in connection with any commercial endeavors except those that are specifically approved in writing by StuffBuff. Illegal and/or unauthorized use of the Site or Service, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of your access to the Site. Appropriate legal action will be taken for any illegal or unauthorized use of the Site or Service.

4. Third Party Sites and Services.

You acknowledge that the Site may contain links, descriptions and other material (collectively, the "Links") that are protected by copyright, trademark or other proprietary rights of StuffBuff, other users and third-party content and/or service providers. Links may require you to register, provide information about yourself and/or open an account prior to being able to utilize the content or services available. Such information may include personally identifiable information. There may also be separate terms, conditions of use and policies associated with such Links and you should carefully review such terms, conditions and policies. Your use of each of those Links is subject to the conditions, if any, that each of those Links have posted.. You agree that all purchases and sales of stuff made via the Site are subject to the terms, conditions and policies of the Links on which the actual purchase or sale is transacted, and that you will have read and agreed to all of those terms, conditions and policies prior to making any purchases or sales. You acknowledge and agree that StuffBuff is not responsible or liable for: (a) the availability or accuracy of such Links; or (b) the content, advertising, services or stuff available on, through or from such Links. The inclusion of any Link on the Site does not imply that StuffBuff endorses any link. Your use of the Links is at your sole risk and expense. If you enter into correspondence with, purchase stuff from, or participate in promotions of advertisers or sponsors, other users or other third parties showing their stuff through the Site or Service, any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. StuffBuff is not a party to, third party beneficiary of, or a guarantor of performance with respect to any transaction or agreement between you, other users and any third party. Specifically, StuffBuff does not control the quality, accuracy or availability of stuff you may access through the Site, the terms and conditions on which the stuff is offered or purchased, or the third party's compliance with an agreement that it may enter into with you. StuffBuff shall have no liability, obligation or responsibility for: (i) any correspondence, purchase or promotion between you and any other user or third-party; or (ii) the quality, accuracy or availability of stuff from any other users or third parties.

5. Content on the Site.

The Site includes a combination of content that StuffBuff creates, that our partners create, that other third parties create, and that you and our other users create. All content published, displayed, cached or made available on the Site or through the Service, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation ("Content"), are protected by copyrights and may be protected by other intellectual property rights such as trademarks. Content may include stock images, descriptions and product specifications which you may use for informational purposes to describe Your Stuff, provided you are responsible for ensuring that the descriptions of Your Stuff are accurate and do not include misleading information. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the Content on the Site in whole or in part unless expressly permitted by the content owner.

You may be exposed to Content that you find offensive, indecent, or objectionable. StuffBuff: (a) does not control the Content posted by third parties; (b) assumes no responsibility for monitoring the Site or Service for inappropriate Content; and (c) does not guarantee the accuracy, reliability, integrity or quality of any Content. Under no circumstances will StuffBuff be liable in any way for any Content, including any inaccuracies, errors or omissions in any Content or any Content that is libelous or defamatory, or any loss or damage of any kind incurred as a result of your use of any Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. StuffBuff reserves the right, but not the obligation, to remove any Content that may, in our sole discretion, violate these Terms of Service or that is otherwise objectionable.

6. Cataloging Your Stuff.

Subject to your compliance with this Agreement, you may submit text, files, images, photos, video, sounds, musical works, works of authorship, or any other material for cataloging and display on the Site in any manner the Site allows. All content so designated by you and contained within or provided by you in association with such content, including but not limited to all closed captioning, and metadata, is referred to collectively as "Your Stuff." StuffBuff shall have no obligation whatsoever to return any materials you submit. You agree that Your Stuff is not confidential and StuffBuff shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any of Your Stuff.

StuffBuff does not claim any ownership rights in Your Stuff. After submitting Your Stuff to the Site, you continue to retain all ownership rights in such content, and you continue to have the right to use Your Stuff in any way you choose.

By uploading, sending or otherwise making available Your Stuff to StuffBuff, you are directing and authorizing StuffBuff to, and are granting StuffBuff a royalty-free, fully paid-up, non-exclusive, perpetual, sublicensable right and license to use, host, cache, route, tag, encode, transmit, store, copy, modify, create derivative works, distribute, publicly perform, publicly display, reformat, excerpt, analyze and adapt Your Stuff in order to: (a) host Your Stuff on StuffBuff'sservers; (b) index Your Stuff; and (c) display, perform and distribute Your Stuff, in whole or in part, in connection with the Site, the Service and StuffBuff products and services now existing or hereafter developed, including without limitation for syndication on third party sites, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. This license gives StuffBuff the right to display Your Stuff via streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies, and to display limited excerpts of Your Stuff for no fee to users of the Site. Notwithstanding the foregoing, StuffBuff is not required to host, index, or display any of Your Stuff uploaded or otherwise provided to StuffBuff, and may remove or refuse to host, index or display any of Your Stuff. StuffBuff is not responsible for any loss, theft, intellectual property infringement or damage of any kind to Your Stuff.

By uploading or otherwise providing Your Stuff to StuffBuff, you represent and warrant to StuffBuff the following: (a) you are at least 18 years of age if you are a natural person; (b) all of the information comprising Your Stuff is correct and current; (c) Your Stuff isn't, in whole or in part, pornographic or obscene; (d) you hold and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in and to Your Stuff; (e) you have the legal right and authority to perform the acts required of you under these Terms of Service, and to grant the rights and licenses described herein. You further represent and warrant that: (y) Your Stuff and the rights and licenses granted to StuffBuff under this Agreement and StuffBuff's authorized use of Your Stuff (including the public display, public performance, distribution and reproduction of Your Stuff) do not and will not: (i) violate any applicable law, statute, ordinance or regulation; and (ii) breach any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort or contract theories; and (z) Your Stuff does not and will not violate or encourage violation of any applicable law, statute, ordinance or regulation. The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the StuffBuff Site. StuffBuff reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication/content from the Site and Service and terminating the membership of such violators or blocking the use of the Service and/or the Site. Your Stuff may not include content that: (a) is false, misleading or is in any manner misrepresentative; (b) is patently offensive to users of the Site, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (c) harasses or advocates harassment of another person; (d) involves the transmission of unsolicited mass mailing or "spamming"; (e) is unlawful or promotes illegal activities or conduct that is abusive; (f) violates the copyright, trademark or any other proprietary right of any third party; (g) falsely expresses or implies that such content or material is sponsored or endorsed by StuffBuff or that otherwise falsely misrepresents the origin of the content; (h) is threatening, obscene, defamatory or libelous or violates the right of privacy or the right of publicity of any person; (i) is pornographic or sexually explicit in nature; or (j) seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18. You understand and agree that StuffBuff may review and delete any of Your Stuff that in the sole judgment of StuffBuff violates these Terms of Service or which might be offensive, illegal, or inappropriate or that might violate the rights of, harm, or threaten the safety of other users or members of the StuffBuff Site and/or other website users.

If you upload, send or otherwise make available Your Stuff to StuffBuff as permitted by this Agreement, and do not wish to allow other users of the Site to access Your Stuff, you must opt to keep Your Stuff private by using the methods available on the Site. Otherwise, Your Stuff will be available for other users of the Site to view.

7. Buying and Selling Stuff.

If you decide to sell Your Stuff on the Site, or purchase stuff from other users of the Site, you agree to pay StuffBuff the then current applicable fees (listed elsewhere on the Site), for each completed sale or purchase transaction. As of the date set forth below, if you wish to use the Site to purchase or sell stuff, you will need to be (or become), a member of PayPal, and you must agree to and accept PayPal's Legal Agreements for PayPal Services and Privacy Policy and such terms, conditions and policies as PayPal may establish, as well as agree to be bound by PayPal's Acceptable Use Policy.

You may list on the Site for sale only Your Stuff that you have the legal right to sell through the Site. You shall not offer for sale or purchase any product or service through the Site in a manner that violates federal, state or provincial and local law. No offer to sell or purchase any such prohibited product or service shall be deemed to be authorized by StuffBuff. Only users holding the appropriate license may sell products or services that are permitted to be sold only by licensed sellers under federal, state or provincial, and local law.

If you see stuff from another user of the Site that you would like to purchase, you may contact that user using the Site's messaging features to determine if that user is interested in selling that stuff. Alternatively, unless you opt to keep Your Stuff private, you agree that other users of the Site may contact you to determine if you are interested in selling Your Stuff. However, you and other users of the Site are under no obligation to sell any stuff and are free to refuse, reject or counter-offer any offer to purchase stuff.

You bear sole responsibility for the authentication of the identity of any person you may transact with through the Site. Because authentication is difficult, particularly on the Internet, StuffBuff does not confirm any person's purported identity. You should communicate directly with potential buyer or seller and establish your own standards for identity authentication. You should use caution, common sense and practice safe transactions when using the Site. There may also be, and you accept full responsibility for, any risks associated with dealing with foreign nationals and persons acting under false pretense.

You shall be solely responsible to collect and remit, and to declare and report all applicable federal, state, provincial, local and municipal taxes, including appropriate sales and excise taxes and GST, resulting from any transaction to the appropriate taxing authorities as required by law. Under no circumstances is StuffBuff responsible to pay any sales, excise, GST, use or other taxes on behalf of any user. You are responsible for reporting your earnings and filing your own payments for any sums you have earned from the sale of Your Stuff on the Site or through the Service. Payments you receive from the sale of Your Stuff on the Site or through the Service will not be reported by StuffBuff to the IRS on Form 1099.

8. Requests for Removal of Content.

If you believe that Content on the Site has been copied and/or made accessible in a manner that violates another's intellectual property rights, please see our Copyright Infringement Policy at http://www.StuffBuff.com/about-us.html?tab=tab-about-us10.html

9. Your Conduct.

You agree to follow all applicable laws and regulations when using the Site and Service. Without limiting the foregoing, you agree that you will not use the Site to take any of the following actions: (a) defame, abuse, harass (or advocate harassment of), stalk, threaten, or otherwise violate the legal right of others; (b) publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content; (c) Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment; (d) advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so; (e) Transmit surveys, contests, pyramid schemes, spam, junk mail, unsolicited mass mailings, advertising or promotional materials, or chain letters; (f) download any file that you know or reasonably should know cannot be legally obtained in such manner; (g) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material; (h) restrict or inhibit any other user from using and enjoying our Site; (i) collect or store passwords or personal information about other users or solicits passwords or personal information from other users; (j) interfere with or disrupt our sites, servers, or networks; (k) impersonate any person or entity, including, but not limited to, a StuffBuff representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (l) forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site; (m) take any action that imposes an unreasonably or disproportionately large load on our infrastructure; (n) engage in any illegal activities; (o) violate the terms and conditions or policies, if any, under which a content provider makes its content available; (p) Transmit content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (q) promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (r) include a photograph of another person that you have posted without that person's consent; (r) modify, adapt, translate, or reverse engineer any portion of the Site and/or the Service; (t) create user accounts by automated means or under false or fraudulent pretenses; (u) attempt to contact another user of the Site outside of the Site's messaging feature without the other user's prior consent; or (v) use the Site or Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those that are deemed threatening or obscene.

If you use the Site to purchase or sell stuff, you agree that StuffBuff is not involved in the actual transaction between the seller and the buyer and is not the agent of, and has no authority for, either for any purpose. In addition, you agree that you will not: (i) fail to deliver Your Stuff to purchasers who have paid you for Your Stuff; and (ii) fail to pay for stuff that you have purchased from other users.

You are responsible for paying all fees and charges associated with the Site and Services in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide StuffBuff with a valid credit card as a condition to using any features of the Site or Service that require payment. StuffBuff reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice, which notice may be provided by e-mail. In addition to any other rights granted to StuffBuff herein, StuffBuff reserves the right to suspend or terminate your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection.

10. Privacy.

You have read and agree to all of the terms and conditions of our Privacy Policy at http://www.StuffBuff.com/about-us.html?tab=tab-about-us3.html. As mentioned in the section titled "Cataloging Your Stuff", if you upload, send or otherwise make available Your Stuff to StuffBuff as permitted by this Agreement, other users of the Site will be able to access Your Stuff, unless you opt to keep Your Stuff private. In addition, other users of the Site will be allowed to "follow" you unless you opt to block access by using the methods available on the Site.

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, StuffBuff does not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the information you provide us in accordance with our Privacy Policy, in no event will the information you provide to us result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent. Therefore, you should take appropriate precautions and conduct due diligence before disclosing any of your personal information to other users of the Site and Service.

11. Disclaimer of Warranties.

StuffBuff disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of Content, information or material displayed, cached or otherwise accessible from the Site. StuffBuff disclaims any responsibility for the deletion, failure to store, or untimely delivery of any information or material. While StuffBuff endeavors to provide a sterile server environment, StuffBuff makes no claim that the Site will be error free, or that the Site, Service or the servers that operate them are or will be free of viruses or other harmful components. StuffBuff recommends that you keep backup copies of Your Stuff. StuffBuff is not responsible for any problems or technical malfunction of any network, computer equipment, software, or traffic congestion on the Internet or on the Site or Service or combination thereof, including any injury or damage to you or to any person's computer related to or resulting from participation or downloading or accessing any information or material on the Internet through or in connection with the Site. Under no circumstances shall StuffBuff.com be responsible for any loss or damage, including personal injury or death, resulting from accessing the Site or use of the Service, from any Content, or from your conduct or the conduct of other users of the StuffBuff Site or Service, whether online or offline.

THE SITE, THE SERVICE, AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN, OR ACCESSIBLE FROM THE SITE ARE PROVIDED "AS IS," "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. STUFFBUFF AND ITS LICENSORS, PARTNERS, AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW: (A) ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS; AND (B) ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND PERFORMANCE OF THE SITE AND SERVICE. STUFFBUFF AND ITS LICENSORS, PARTNERS, AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY: (V) THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS; (W) THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (X) ON THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICE WILL BE TIMELY, ACCURATE OR RELIABLE; (Y) REGARDING THE QUALITY OF ANY INFORMATION, CONTENT OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN FROM THE SITE OR THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (Z) THAT ANY ERRORS WILL BE CORRECTED.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

12. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL STUFFBUFF OR ITS LICENSORS, PARTNERS, AFFILIATES AND SUPPLIERS BE LIABLE TO YOU OR ANY USER FROM THE USE OR MISUSE OF OR RELIANCE ON THE SITE OR SERVICE, OR ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF STUFFBUFF OR ITS LICENSORS, PARTNERS, AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, OR RELIANCE ON THE SITE OR SERVICE, FROM INABILITY TO ACCESS THE SITE, USE THE SITE OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY INFORMATION OR ADVICE, OR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE OR THROUGH THE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOSS OF USE, GOODWILL, LOST DATA OR OTHER INTANGIBLE LOSSES. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE, THE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE OR SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall StuffBuff or its licensors, partners, affiliates or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

13. Our Rights.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice to: (a) restrict, suspend, or terminate your access to all or any part of the Site and/or Service; (b) change, suspend, or discontinue all or any part of the Site and/or Service; (c) refuse, edit, move, or remove any content, or other material that is available on the Site; (d) modify, add or remove any terms or conditions of the Agreement; (e) establish general practices and limits concerning access and use of the Site and/or Service. You agree that we will not be liable to you or any third party for taking any of these actions.

14. Termination.

You have the right to terminate or cancel your account at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with StuffBuff. This includes, but is not limited to, any dispute related to or arising out of: (a) any of the provisions of the Agreement, the Site or the Service or StuffBuff'senforcement or application of the provisions of the Agreement; (b) the Content available through the Site; (c) your ability to access and use the Site or Service; or (d) use of any Links. StuffBuff, in its sole discretion, may terminate your account and remove and discard any of Your Stuff without notice if StuffBuff believes that you have violated or acted inconsistently with any of the provisions of the Agreement. StuffBuff will not be liable to you for termination of your account or access to the Site. Sections 4, 5 and 7 through 17 will survive the termination of this Agreement and your account. You may withdraw Your Stuff from public display in the Site by providing StuffBuff with a written request. StuffBuff will use commercially reasonable efforts to remove Your Stuff from public display within thirty (30) days from receipt of your notice of termination or withdrawal. StuffBuff may at any time, and in its sole discretion, and without liability, terminate the Site, the Service or any product, service or feature offered in or by the Site or Service.

15. Indemnification and Release.

You hereby agree to indemnify, defend and hold StuffBuff and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "StuffBuff Parties") harmless from and against any and all liability, losses, costs, expenses and damages (including attorneys' fees) incurred by any StuffBuff Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of: (a) your access of the Site and use of the Site or Service; (b) any use or alleged use of your user ID by any person, whether or not authorized by you; (c) the content, the quality, or the performance of Your Stuff; (d) your connection to the Site; (e) your violation of this Agreement; (f) your breach of third party terms, conditions of use or policies associated with the Links; (g) your offer to sell, the sale of, or the purchase of a prohibited product or service through the Site; and (h) your violation of any law or the rights of any other person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You will not settle or resolve any such claim in a manner that imposes any liability or obligation on StuffBuff or affects StuffBuff'srights in connection therewith without the advance written approval of StuffBuff.

If you have a dispute with another user, you release the StuffBuff Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

16. Ownership.

Except for Your Stuff, the Content submitted by other members or users and the Links, the StuffBuff Site and Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, are owned by StuffBuff and/or its suppliers and licensors ("StuffBuff Property"). You acknowledge that the StuffBuff Property and any underlying technology or software used in connection with the Site and Service contain StuffBuff'sproprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the StuffBuff Property in whole or in part except as expressly provided in this Agreement. Except as expressly and unambiguously provided in this Agreement, There are no implied licenses.

17. Miscellaneous Provisions

This Agreement is governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Nassau and Suffolk counties. If for any reason a court of competent jurisdiction finds any provision or portion of the Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or of the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

StuffBuff may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site. You authorize StuffBuff to send notices via email as well if StuffBuff decides, in its sole discretion, to do so. You agree to check the Site for notices, and that You will be considered to have received a notice when it is made available to you by posting on the Site.

References to affiliates, partners, or other terms used to describe the relationship between StuffBuff and certain third parties are for convenience only, used to reflect that there is cooperation between StuffBuff and such third parties, and do not describe, or expressly or impliedly create, a legal affiliation or partnership, or any responsibility of StuffBuff for the actions of such third parties.

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 StuffBuff in any respect whatsoever.

This Agreement, including all terms, conditions, and policies that are incorporated into these terms of use by reference, constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by StuffBuff.

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Please contact us at: info@StuffBuff.com with any questions regarding this Agreement.

Last revised: October 6, 2009