Mark Robbins, Utah, Plead No Contest to Fraud, $25,000 Bounty

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Terms of Use for SkylineCowboy.com

 

The Bounty Poster is the person or entity offering money in exchange for the receipt of certain information listed on the skylinecowboy.com website. 

 

Any person or entity seeking to provide that information in order to claim the Bounty Offer is called the Bounty Claimer.

 

The amount of money the Bounty Poster offers to pay for the information requested is called the Bounty Offer.

 

All conditions to payment of the Bounty Offer must be specified in writing at the time of offer or may be added, modified, deleted or clarified by the Bounty Poster through subsequent communications in writing with a Bounty Claimer.  These subsequent written communications include any and all emails and chat communications between the Bounty Poster and a particular Bounty Claimer that are routed through the skylinecowboy.com website.  A written clarification or modification by the Bounty Poster made privately through email or chat to one Bounty Claimer is not effective with respect to any other unrelated Bounty Claimer.

 

The Bounty Offer is a unilateral promise by the Bounty Poster to pay the Bounty Claimer the amount specified in the Bounty Offer, upon full performance by the Bounty Claimer of all conditions specified in the Bounty Offer, as those conditions may be modified or clarified in writing as described, above. 

 

The Bounty Offer is properly claimed only when each and every condition specified in the Bounty Offer is fully performed by the Bounty Claimer(s).  Partial or substantial performance of any specified condition will not require payment of the Bounty Offer or any part thereof.

 

The Bounty Claimer represents and warrants that all information provided through the skylinecowboy.com website is true and correct.  Bounty Claimer further warrants that all documents, images, recordings and other attachments provided through the skylinecowboy.com website are in their original, unaltered condition.

 

The Bounty Poster is not obligated to pay the Bounty Offer more than one time.  If multiple Bounty Claimers properly claim the Bounty Offer, the first Bounty Claimer to fully perform all conditions specified by the Bounty Poster (as conditions may be modified or clarified in writing as described above) is entitled to receive the full Bounty Offer, to the exclusion of all other Bounty Claimers.

 

The Bounty Poster may not seek information that is a bone fide trade secret of another person or company.  The Bounty Poster may not seek information that is protected by law, or for the purposes of committing or inducing the commission of a crime or tort.

 

Unless otherwise agreed in writing, Bounty Poster and Bounty Claimer grant a fully-paid copyright license to the site content deposited by each of them on the skylinecowboy.com website to skylinecowboy.com, for it to use, distribute and from which to create derivative works in its sole discretion. 

 

Additional Terms of Use

While using SkylineCowboy.com, you will not:

·         post content or items in an inappropriate category or areas on our sites and services;

·         violate any laws, third party rights, or our policies;

·         use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites;

·         manipulate the price or content of any bounty listing or interfere with other user's listings;

·         circumvent or manipulate our fee structure, the billing process, or fees owed to SkylineCowboy;

·         post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

·         transfer your SkylineCowboy.com account (including feedback) and User ID to another party without our consent;

·         distribute or post spam, chain letters, or pyramid schemes;

·         distribute viruses or any other technologies that may harm SkylineCowboy, or the interests or property of SkylineCowboy users;

·         copy, modify, or distribute content from SkylineCowboy’s copyrights and trademarks; or

·         harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing SkylineCowboy

Please report problems, offensive content, and policy violations.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Fees and Services

Joining SkylineCowboy is free. We do charge fees for using other services. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees Schedule which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the SkylineCowboy site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due.)

Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

For the convenience of Reward Posters, we may offer catalogs of stock images, descriptions and product specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that the bounty listings will always be accurate and up-to-date. You agree that you will not hold our bounty posters responsible for inaccuracies in their postings. The postings may include copyrighted, trademarked or other proprietary materials. You may use the postings only for informational purposes and only in connection with your SkylineCowboy bounty listings. You may not use posting content in a way that infringes or violates anyone’s proprietary rights.

Liability

You will not hold SkylineCowboy responsible for other users' content, actions or inactions, or bounty items they list. You acknowledge that we are not a traditional bounty Poster. Instead, the sites are a venue to allow anyone to offer and claim bounties on just about anything, at anytime, from anywhere.  We are not involved in the actual transaction between bounty posters and Claimers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or postings, the ability of bounty posters to pay the bounty offered, or that a bounty poster or bounty claimaint will actually complete a transaction.

We cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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."

Access and Interference

The sites contains robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to SkylineCowboy by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.

Additionally, you agree that you will not:

·         take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

·         copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of SkylineCowboy and the appropriate third party, as applicable;

·         interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or

·         bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity

Bounty Poster and Bounty Claimer each agrees to indemnify and hold harmless skylinecowboy.com, its agents employees and assigns, including the payment of legal fees as incurred, with respect to any legal or equitable claim arising from or related use of the skylinecowboy.com website, including any claim by a third party that names skylinecowboy.com as a defendant.

 

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served on SkylineCowboy 's registered agent (in the case of SkylineCowboy) or to the email address you provide to SkylineCowboy during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes

If a dispute arises between you and SkylineCowboy, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and SkylineCowboy agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

·         Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Utah as they apply to agreements entered into and to be performed entirely within Utah between Utah residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against SkylineCowboy must be resolved by a court located in Salt Lake County, Utah, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Salt Lake County, Utah for the purpose of litigating all such claims or disputes.

·         Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

·         Improperly Filed Claims - All claims you bring against SkylineCowboy must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, SkylineCowboy may recover attorneys' fees and costs, provided that SkylineCowboy has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Each of these policies may be changed from time to time. Changes take effect when we post them on the SkylineCowboy site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

General

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the SkylineCowboy Message Center. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.

 

 


3/9/2010 9:04:56 PM  Contact  |   Terms & Conditions  |   Privacy Policy  |   About Us  |   Fees  |   Help
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