Bakotopia Terms of Service

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS SITE.
Bakotopia.com, hereafter referred to as Bakotopia, is a web site of Mercado Nuevo, LLC. Bakotopia offers the Bakotopia.com web site (the "Web Site"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Web Site. By using the Web Site, you signify your assent to these Terms and Conditions and any subsequent modifications. Bakotopia may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this Web Site as they are binding upon you.

PERSONAL AND NONCOMMERCIAL  USE
The Web Site is for your personal and noncommercial use. As a condition
to your continued use of the Web Site, you warrant to Bakotopia that you will
not use the Web Site for any purpose that is unlawful or prohibited by these Terms
and Conditions.

RULES AND CONDITIONS FOR CONTRIBUTING CONTENT
All users who live in Bakersfield or Kern County ages 18 and over are encouraged to contribute information and pictures to www.bakotopia.com. If you are under 18 or do not reside in Bakersfield or Kern County, you are not allowed to use this product. We reserve the right to terminate any accounts that do not fit this description. You agree not to knowingly submit any false, defamatory, abusive, obscene, threatening,
racially offensive, sexually explicit or illegal material to the Web site. In posting comments on the contributions of others, you agree not to harass other participants. You may not submit information that is libelous or defamatory or that discloses private or personal matters concerning any person. You may not post information or links that are obscene or pornographic. You may not contribute information or pictures that violate the property rights of others, including unauthorized copyrighted test, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion. Content contributions solely focused on the promotion of commercial events or businesses are not permitted. You assert that the information and pictures you contribute are your own, are licensed to be uploaded and downloaded by other participants, are in the public domain, or are otherwise free of copyright or other restrictions. You also grant Bakotopia an irrevocable, nonexclusive, royalty-free license to redistribute or republish the information in any medium or form. You agree not to directly or indirectly solicit responses from minors. A minor is defined as anyone under 18 years of age. You agree not post any item for sale that matches the following conditions: Weapons or firearms of any kind. Items that infringe on trademark or intellectual property rights. Drugs of any kind. Promotional or marketing material of any kind. Fireworks of any kind. Any illegal or controlled substance. Sexual services of any kind. Alcohol products. Tobacco products. Prescription drugs. Non-packaged food. Bulk e-mail lists with personally identifying information. Medical devices. Human body parts or materials of any kind. Animal parts. Restricted plants and insects. Pesticides or harmful or hazardous materials. Telecommunications equipment designed to disrupt or intercept communications (e.g. hacker tools, spyware, adware, password sniffers). Any stolen materials. Any object useful to burglars, including but not limited to lock picks. Any counterfeit currency of any type. Gambling products of any kind, such as lottery tickets. Defective or recalled items. Used bedding or clothing that is not sanitized. Bakotopia does not endorse and is not responsible for any statement, opinion or advice given or made in posts.

Your use of the Bakotopia service is at your own risk. Bakotopia does not intend to engage in any prior review of notes posted to categories, but it reserves the right in its sole discretion and for any reason to delete or redirect any information or other content posted to Bakotopia, regardless of whether the information or other content violates the rules for content described in above policies. Further, Bakotopia reserves the right to limit or terminate service to participants who violate the terms of this Agreement. In no event will Bakotopia be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the Bakotopia discussion forums, or any information or services provided on Bakotopia, even if Bakotopia has been advised of the possibility of such damages, or for any claim attributable to errors, omissions, or other inaccuracies published on Bakotopia.com. Bakotopia is not responsible for censoring or monitoring postings but it reserves the right to enforce the policies outlined in this document, and reserves the right to move or remove posts at its sole discretion and without explanation. These posting rules may be revised over time. We will post those changes prominently so that you will always know what type of posts we prohibit. We do, however, recommend that you read this notice each time you use Bakotopia, in case you missed our notice of changes, at this URL:

http://www.bakotopia.com/home/staticfull.php?page_id=6

TRANSACTIONS
Bakotopia is not a store or "e-commerce" provider, and it is the SOLE RESPONSIBILITY of buyers and sellers to complete transactions. This Web Site acts as a venue to allow anyone to offer, sell, and buy items from one other. Bakotopia has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the posts, the ability of sellers to sell items or the ability
of buyers to pay for items. Bakotopia cannot ensure that a buyer or seller will
actually complete a transaction, and Bakotopia does not transfer legal ownership
of items

REAL-WORLD MEETINGS
Bakotopia offers People and Personals categories that are designed to allow individuals to meet each other for any purpose. You are advised that Bakotopia cannot vouch for the safety of offline meetings of individuals you meet through Bakotopia, and such meetings are held at your sole risk. Furthermore, you are advised to be careful not to accidentally divulge personally identifying information about yourself, including but not limited to your full name, telephone number(s), street addresses, URLs or email addresses. If you do provide this information to a third party who you met through Bakotopia, it is at your risk and you agree not to hold Bakotopia liable for anything that results from such meetings.

COPYRIGHTS
Bakotopia retains full copyright ownership, rights and protection in all material contained on the Web Site, including but not limited to material submitted by community contributors. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Web Site without the prior consent of the copyright owner. You agree not to modify any documents, graphics, images or other material found on this Web Site. You may, however, make single copies of materials displayed on the Web Site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web Site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from Bakotopia or the copyright owner of the copied material. None of the material contained on the Web Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of Bakotopia. All content of Bakotopia is Copyright © 2005 Mercado Nuevo. All rights reserved.

DISCLAIMER WARRANTIES
Neither Bakotopia nor its employees, agents, third party information providers, merchants, licensors or the like warrant that the Web Site or its operation will be accurate, reliable, uninterrupted or error-free. If your use of the Web Site results in the need for servicing or replacing property, material, equipment or data, Bakotopia is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Web Site on behalf of Bakotopia. Bakotopia reserves the right to change or discontinue at any time any aspect or feature of the Web Site. Bakotopia does not assume any liability for the contents of any material
provided on the Web Site. Reliance on any information presented on the Web Site,
other than that which you provided, is at your own risk. Bakotopia reserves the
right to change or discontinue any aspect or feature of the Web Site at any time.
You acknowledge that, in connection with the Web Site, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Bakotopia. Accordingly, Bakotopia assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Web Site.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON BAKOTOPIA IS PROVIDED TO YOU "AS IS"; AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BAKOTOPIA MAKES NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEB SITE OR BAKOTOPIA SERVICES. LIMITATION OF LIABILITYIN NO EVENT SHALL BAKOTOPIA
OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR
BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE CONTENT OF THE WEB SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BAKOTOPIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BAKOTOPIA SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. INDEMNIFICATION

You agree to defend, indemnify and hold Bakotopia, its officers, directors, employees and agents, content contributors, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Web Site in a manner that violates or is alleged to violate these Terms and Conditions. Bakotopia shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

LINKS/ADVERTISEMENTS
The Web Site may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by Bakotopia of the sites, but is for your reference and convenience only. Bakotopia has not reviewed all of the sites linked to the Web Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to Bakotopia. Nor does Bakotopia recommend or endorse any specific tests, products or procedures that may be mentioned on or represented in advertisements on the Web Site. Visiting off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any hyper-linked site. The Web Site also contains advertisements by third parties. Unless otherwise specifically stated on the Web Site, Bakotopia does not endorse or make any representation regarding the liability, quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Web Site. Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on the Web Site, provided that the hyperlink accurately describes the content as it appears on the Web Site. Bakotopia reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you "frame" the Web Site or any of its content or copy portions of the Web Site to a server, except as part of an Internet service provider's incidental caching of pages. Each page within Bakotopia must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within Bakotopia.

TERMINATION
You agree that Bakotopia may terminate your use of the Web Site, if Bakotopia reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use, or violated the rights of Bakotopia or any third party, or for any reason with or without notice to you. You agree that Bakotopia may modify or discontinue Bakotopia, with or without notice to you. You agree that Bakotopia will not be liable to you or any third party as a result of such
modification or discontinuation.

SURVIVAL
The provisions entitled ";Your Submissions" Disclaimer of Warranties,"Limitation of Liability," "Indemnification" and "General Provisions" will survive termination
of this agreement.

GENERAL PROVISIONS
You expressly agree that exclusive jurisdiction for any dispute with Bakotopia, or in any way relating to your use of Bakotopia ("Legal Action"), resides in the courts of the County of Kern, State of California. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the Eastern District
of California in Fresno, California. These Terms and Conditions are governed by
the internal substantive laws of the State of California, without regard to conflict
of law principles. If any provision of these Terms and Conditions are found to
be invalid by any court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of these Terms
and Conditions, which shall remain in full force and effect. No waiver of these
Terms and Conditions shall be deemed a further or continuing waiver of such term
or condition or any other term or condition. Any cause of action you may have
with respect to Bakotopia must be commenced within one year after the claim or
cause of action arises or such claim or cause of action is barred.

NOTICE
Bakotopia
may deliver notice to you under these Terms and Conditions by means of electronic
mail, a general notice on the Web Site, or by written communication delivered
by first class U.S. mail to your address on record in your Bakotopia account information. You may give notice to Mercado Nuevo, LLC, at any time via electronic mail to matt@bakotopia.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: Mailing Address:

Mercado Nuevo LLC
1522 18th Street, Suite 305
Bakersfield, CA
93301
661-716-8640

Phone: 661-395-7660
Fax: 661-716-8631 fax
E-mail: matt@bakotopia.com