Member agrees and acknowledges that Barterfly, at all times during the term of this Agreement, shall have the right to remove/block/delete any text, graphic, image(s) uploaded on Barterfly by the Member without any prior notice to the Member in the event the said text, image, graphic is found to be in violation of law, breach of any of the terms of this Agreement, terms and conditions of Barterfly. In such an event, Barterfly reserves the right to forthwith remove/close the account of the Member without any prior notice or liability to the Member.
Customer shall not, directly or indirectly, provide Content that: (i) is obscene, defamatory, libelous, slanderous, pornographic, violent, profane, indecent or unlawful; (ii) is factually inaccurate, misleading or deceptive; and/or (iii) facilitates or promotes any type of illegal activity, including without limitation pyramid schemes, gambling, the sale or use of illicit drugs, or discrimination or harassment of any individual or group. Further, each piece of Customer Content shall neither (a) redirect to a destination other than as originally submitted to the Service, and/or (b) be substantively different from the Content originally submitted to the Service.
Neither party shall be liable for any delay or failure to perform any of its obligations set forth in the Agreement due to causes beyond its reasonable control. Neither party shall be liable for any unavailability or inoperability of the Internet, technical malfunction, or computer error or corruption resulting in loss of data or other harm.
The parties acknowledge that some or all of data used or collected through the Service (or use of Barterfly) may qualify as, or include, personal data, however, as of the Effective Date, Barterfly does not send and/or receive any end-user data to any person or organization.