Terms of Use

Updated Thursday, May 21sat, 2009

Introduction; Consent to Terms
Please read these Terms of Use before using the Discaroo or any features of this web site. By using the Service, you agree to be bound by these terms of use. If you do not agree to these terms of use, please exit the Service. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated terms of use on the Discaroo web site. Please check these terms frequently for updates. Any modifications, additions or deletions to these terms shall be effective immediately upon posting of updated terms of use. Your continued use of the Service following the posting of updated terms of use will mean that you agree to those changes.

Copyrights
The content of Discaroo is protected by U.S. and international copyright laws. You may not reproduce, distribute, transmit, display or prepare derivative works of any material on Discaroo Web site without the prior written consent of Discaroo, except as provided below. You may copy and print a limited amount of content for your personal, non-commercial use only, provided that you include all copyright and other notices contained in the content and that you do not modify the content. Any other use of Discaroo content requires prior written permission from the Discaroo.

Trademarks
Discaroo is the service mark of Discaroo, All rights reserved. You may not use any Discaroo service mark, logo or graphic without Discaroo's prior written consent.

Framing
Discaroo does not allow framing of this web site.

Links to Discaroo
Discaroo encourages and permits links to content on the Discaroo. The linking should not (a) suggest that the Discaroo promotes or endorses any third party's causes, ideas, Web sites, products or services, or (b) use the Discaroo content for inappropriate commercial purposes. We reserve the right to withdraw permission for any link.

Links to Third Party Sites
Discaroo has provided links to Internet sites maintained by third parties, over which the Discaroo has no control. Discaroo does not endorse the content, operators, products or services of such sites, and the Discaroo is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. The Discaroo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites.

3rd Party Content
While we make every attempt to moderate the user generated content on the site Discaroo will not be held responsible in any way for the comments, ratings and actions of its users, registered or otherwise.

No Unlawful or Prohibited Use
You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use or the rules, guidelines or terms of use posted for a specific area of the Site. You may not access or use the Site in any manner that could damage, disable, overburden, or impair any Discaroo accounts, computer systems or networks. You may not attempt to gain unauthorized access to any parts of the Site or any Discaroo accounts, computer systems or networks. You may not interfere or attempt to interfere with the proper working of the Site or any Discaroo accounts, computer systems or networks. You may not use any robot, spider, scraper or other automated means to access the Site or any Discaroo accounts, computer systems or networks without Discaroo's express written permission.

Termination of Use
You agree that Discaroo may, in its sole discretion, at any time terminate your access to the Site, including Forums, and any account(s) you may have in connection with the Site. Access to the Site and activity on the Site may be monitored by Discaroo.

Discaroo Dollars
Discaroo Dollars are quasi-cash which means they aren't real money per se and only have value on Discaroo. Discaroo will make every reasonable effort to create a virtual economy in which the Discaroo Dollar holds its value, but we can't guarantee this. Discaroo Dollars can not be redeemed for cash as of December 22, 2008.

Buyer Protection Policy
Discaroo reserves the right to refund Discaroo Dollars at our discretion if a purchased product has not been received AND the seller is unresponsive for 2 weeks past the date of purchase. We will not pursue refunds if the seller had less than 3 positive feedbacks at the time of purchase. Once we initiate a refund request the seller will have an additional 2 weeks to respond with a resolution. Failure to resolve the issue will result in the purchase amount being debited from the seller's account and refunded to the buyer. Refunds will only be made if the seller still has the funds in their account. If they do not have the funds and have displayed a pattern of theft Discaroo may choose to press mail fraud charges. No refunds will be offered if the merchandise is unsatisfactory, but you can and should, leave appropriate feedback.

Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DSCAROO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DSCAROO MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. DSCAROO SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES.

DSCAROO RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

Limitation of Liability
IN NO EVENT SHALL DISCAROO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE.

Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET FORTH IN SECTIONS 8 AND 9, DO NOT APPLY.

Indemnity
You agree to defend, indemnify and hold harmless Discaroo, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of your access to or use of the Site or Content on the Site, your uploading, emailing, posting, publishing or otherwise transmitting Content to any Forum or submitting any Content to Discaroo, your violation of the Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site, or your violation of any rights of another.