OVERVIEW

The following Terms and Conditions of Use does govern all visitors to the TownLuxe service provided by Serra Media LLC (hereafter "Serra Media") for the web site of Bargainbabe Media (hereafter “Publisher”). It supersedes the standard Terms and Conditions of Use for Publisher’s web site, but only for web pages and services offered under as part of the TownLuxe service.

READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY ACCESSING OR INTERACTING WITH ANY OF THE WEB PAGES OR FUNCTIONS OFFERED AS PART OF THE TOWNLUXE SERVICE BY SERRA MEDIA AND PUBLISHER, YOU ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM WHILE VISITING THE SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CONTINUE.
PURPOSE OF AGREEMENT

The TownLuxe service made available to you by Serra Media and Publisher subject to the following Terms of Service. Both Serra Media and Publisher may also offer other services that are governed by different Terms of Service. Serra Media and Publisher provides the services only to persons who are above 13 years of age. By using the services you represent that you are 13 years or older.

DESCRIPTION OF SERVICE

Serra Media provides users with access to an array of services for that help build interactive online communities. TownLuxe is a map on a web site that shows the location of recent deals, products, blog posts and other information available on the web (the "Service" and "Services"). It can contain links to several different sources and reader-submitted content like photos and video. Users can see what’s been posted in their neighborhood by zooming in on the local area they are most interested in. Visitors are encouraged to sign up and contribute, anything from links to other content on the web to their own original posts of text and photos. Users can also comment on existing content.

You may connect to the service using any Internet browser. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.

USE OF THE SERVICES

Visitors to the TownLuxe service on Publisher’s Web site who wish to submit content will be required to register an Account. An email address and a password are the minimum requirements to create a user account on the service. Users will be “active” immediately and able to upload content, comment or rate other submitted content. Visitors who do not wish to register an Account may freely browse the content created by other users.

You may create, edit, publish and share content with the Service. You are responsible for the content you create and Serra Media shall not be responsible for deletion, failure to store or unauthorized access to the content of your Account. The contents of the Accounts are created by persons over whom Serra Media does not exercise any control and Serra Media does not assume responsibility for it.

PERSONAL INFORMATION, PRIVACY and COMMUNICATIONS

Serra Media collects only the information that is needed to process your registration and to allow you to use the system. Serra Media or the Publisher will not share, rent, lend, or sell this information to anyone, unless you specifically opt-in to a future opportunity we have yet to offer. For complete privacy information, read our Privacy Policy.

MEMBER REGISTRATION OBLIGATIONS

In consideration of your use of the Services, you agree to: i) provide true, accurate, current and complete information about yourself as prompted by the Registration Process; and ii) maintain and promptly update your Registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Serra Media or Publisher has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we have the right to terminate your Membership and refuse current or future use of any or all of the Services. Per the Children’s Online Privacy Act, children under the age of 13 are not allowed to register for the TownLuxe service.

CODE OF CONDUCT

TownLuxe is a service provided by the Publisher for the benefit of the local community. As a result, visitors and users are expected to conduct themselves in a manner that is authentic, constructive and collaborative. Any action by a user that infringes on another user's right to use and enjoy TownLuxe is prohibited. The Publisher reserves the right, but does not assume any obligation, to monitor online conduct to enforce this User Agreement. Without limitation, the Publisher reserves the right to suspend or terminate your access to and use of TownLuxe if, in our view, your conduct fails to meet any of the following guidelines:

Be real: Users shall not provide any information that is false, misleading or inaccurate, or misrepresent their identity nor impersonate any person.

Be good: Users shall not use any portion of TownLuxe on the Publisher for any unlawful purpose and will comply with all applicable domestic and international laws, statutes, ordinances and regulations. This includes content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

Be nice: Users shall not use TownLuxe for uploading, posting, emailing, transmitting or otherwise making available content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.

Be decent: Users shall not use TownLuxe for uploading, posting, emailing, transmitting or otherwise publishing commercial solicitations or advertising messages.

Be trustworthy: Users shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Serra Media or the Publisher in connection with the TownLuxe service.

DISCLAIMER OF WARRANTIES

You expressly understand and agree that the use of the services is at your sole risk. Serra Media and Publisher do not warrant or guarantee the accuracy or completeness of any information or database on the TownLuxe service. This includes any files available for downloading to be free of defects. Serra Media and Publisher shall not be liable in any way to you or the other parties for delays, inaccuracies, errors or omissions in the content published through the TownLuxe service, nor does either party warrant that the TownLuxe service will be uninterrupted or error-free.

Serra Media and the Publisher make no warranty that the services will be uninterrupted, timely, secure, or virus free. Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material.

LIMITATION OF LIABILITY

THE TOWNLUXE SERVICE IS PROVIDED BY THE PUBLISHER ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OR ANY OTHER SERVICE OR PRODUCT ON OR RELATED TO THE SERVICE (INCLUDING ANY LINK TO ANOTHER WEB SITE OR RESOURCE). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SERRA MEDIA OR THE PUBLISHER BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SERRA MEDIA OR THE PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

INDEMNIFICATION

You agree to indemnify, defend and hold Serra Media and the Publisher harmless from and against any and all liability, loss, claims, damages, costs and/or actions (including attorney’s fees) based on or arising from any breach by you of your obligations under this Agreement. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

CONTENT

By submitting text, photos, links or other manually generated data (the “Content”) to the TownLuxe service, you automatically grant Serra Media and the Publisher a nonexclusive, royalty-free, worldwide, perpetual, sublicensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell this Content, for any purpose, including commercial purposes, without any payment to you, in any type of media or in any form now known or later developed. In addition, you automatically waive and give up any claim that any use of this Content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way Serra Media or the Publisher uses such content.

USE OF THIS BETA SERVICE

Serra Media offers TownLuxe as an open beta service (the "Beta Service") for the purpose of testing and evaluation. Serra Media and the Publisher shall have the sole authority and discretion to determine the period of time for testing and evaluation of the Beta Service. Serra Media shall be the sole judge of the success of such testing and the decision, if any, to offer any of the Beta Service as a commercial service. You will be under no obligation to acquire a subscription to use any commercial service as a result of your registration to the Beta Service. Serra Media and the Publisher reserve the right to modify or discontinue, at any time and from time to time, temporarily or permanently, the Beta Service (or any part thereof) with or without notice. You agree that Serra Media and the Publisher shall not be liable to you or to any third party for any inconvenience, disappointment or harm related to, arising out of, or caused by the modification, suspension or discontinuance of the Beta Service for any reason.

MODIFICATION OF TERMS OF SERVICE

Serra Media and the Publisher may modify these Terms and Conditions of Service upon notice to you at any time. You will be provided notice of any such modification by electronic mail or by publishing the changes on the website. In the event Serra Media and/or the Publisher modifies these Terms and Conditions of Service, you may terminate your use of any or all of the Services. Your continued use of the Service after notice of any change to the Terms and Conditions of Service will be deemed to be your agreement to the amended Terms and Conditions of Service.

PERSONAL INFORMATION AND PRIVACY

Personal information you provide to Serra Media and the Publisher through the Service is governed by the Serra Media Privacy Policy and applicable laws related to personal information. Your election to use the Service indicates your acceptance of the terms of the Serra Media Privacy Policy. You are responsible for maintaining the confidentiality of your Account information and other sensitive information. You are responsible for all activities that occur in your Account and you agree to notify Serra Media and/or the Publisher immediately of any unauthorized Account use at feedback@serramedia.com. Serra Media and the Publisher is in no way responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Member Account, or otherwise

COMMUNICATIONS FROM SERRA MEDIA AND THE PUBLISHER

The Service may include certain communications from Serra Media and the Publisher, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving e-mails from us. However, this may prevent us from providing effective service to you.

RESTRICTION OF USE

In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services; (iii) use the third-party links to sites without agreeing to their website terms & conditions; (iv) post any third-party link sites including their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and illegal purposes.

TERMINATION

You agree that Serra Media or the Publisher may terminate your Member Account and access to the Services for reasons including, but not be limited to, breaches or violations of these Terms and Conditions of Services or the Serra Media Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Services, unexpected technical issues or problems, or extended periods of inactivity. Termination of your Account includes elimination of access to the Services, deletion of your Account information such as your e-mail ID and Password and deletion of data in your Member Account as permitted or required by law.