TERMS AND CONDITIONS OF USE
PLEASE
READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS
WEBSITE. BY ACCESSING THIS WEBSITE YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND
ACCEPTANCE OF THESE TERMS OF USE.
This
website is owned and operated by freeclassifieds.com. and its subsidiaries and
affiliates (collectively “freeclassifieds.com,” “we,” or “us”). Questions
concerning this website or its operation should be directed to the contact
points set forth at the end of these terms of use. Use of the website is
offered to you conditioned on your acceptance without modification of all
terms, conditions, and notices contained or referenced herein (the “Terms of
Use”). Use of this website is restricted to persons over 13 years of age. Your
use of the website and services constitutes your agreement to all Terms of Use;
if you do not agree to these terms, do not use the website. You agree to
familiarize yourself with the Terms of Use and to abide by them if and when you
use the website.freeclassifieds.com is free to revise these Terms of Use at any
time by updating this posting, and your use after such change signifies your
acceptance of the changed terms. Such changes shall become effective
immediately upon the posting thereof. Please check these terms of use
periodically for changes.
THIRD
PARTY WEBSITES
This
website may provide you with links to other websites on the Internet (“Linked
Sites”). The Linked Sites are not under freeclassifieds.com’s control, and
freeclassifieds.com is not responsible for the contents of any Linked Sites,
including without limitation the accuracy, copyright compliance, legality or
decency of the Linked Sites or any links contained therein. These links are
provided for your convenience, and do not imply endorsement of the Linked Sites
by freeclassifieds.com or any association with the operators of the Linked
Sites. Your interactions with third parties associated with the Linked Sites
are between you and those third parties associated with the Linked Sites. You
hereby agree that freeclassifieds.com shall not be responsible for dealings
with third parties associated with the Linked Sites.
PROPRIETARY
RIGHTS
You
acknowledge and agree that the materials contained in this website are
protected by copyright, trademark and other proprietary rights and laws. You
may temporarily download or save to your disk or hard drive one copy of
materials found on this website for your personal use only, provided such
copies you make of this material must include any copyright, trademark or other
proprietary notice located on the website which pertains to the copied
material. Except for the use expressly authorized, you agree not to sell,
transfer, license, modify, copy, reproduce, distribute, transmit, display,
perform, publish, or create derivative works from such materials. You agree not
to systematically retrieve data or other content from this website for the
purpose of creating a collection, compilation, database, or directory without
freeclassifieds.com’s written permission. All rights not expressly granted
herein are reserved. Downloading of any information, content or images from
this website does not transfer any right or ownership of such information,
content or images to you, and such information, content or images may be used
solely in accordance with the these Terms of Use. You may not mirror or archive
any part of this website or any material contained on this website on any
server or computer without freeclassifieds.com’s written permission.
PRODUCTS,
SERVICES AND SOFTWARE
Downloading
software from this website does not give you title to such software, including
any files, data and images incorporated in or associated with the software.
Your use of any such software shall be only in accordance with the license
agreement that is included with the software or presented upon download of such
software. Software available on this website is copyrighted by
freeclassifieds.com or its owner. Software may not be copied, redistributed or
placed on any server for further distribution. You may not sell, modify,
decompile, disassemble, or otherwise reverse engineer the software.
A
description to a product, service or publication on this website (including any
description or reference via hyperlink) does not imply endorsement by
freeclassifieds.com of that product, service or publication. Products and
software offered through this website shall be warranted, if at all, through
the written license or warranty provided in connection with such product or
software.
SUBMISSIONS
You
hereby grant to freeclassifieds.com the royalty-free, perpetual, irrevocable,
worldwide, non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform, and
display all content, remarks, suggestions, ideas, graphics, reviews or
comments, advertisements or listings for products and/or services, or other
information communicated to freeclassifieds.com through this website (together,
the "Submission"), and to incorporate any Submission in other works
in any form, media, or technology now known or later developed.
freeclassifieds.com will not be required to treat any Submission as
confidential, and may use any Submission in its business (including without
limitation, for products or advertising) without incurring any liability for
royalties or any other consideration of any kind, and will not incur any
liability as a result of any similarities that may appear in future
freeclassifieds.com operations.
You agree
that all Submissions provided on this website are the sole responsibility of
the person or entity from which the Submission originated, and that you are
responsible for each Submission that you post on this website. As
freeclassifieds.com may make modifications of this website, you agree that
freeclassifieds.com may at any time delete, refuse or move Submissions posted
to the website for any reason.
NO
UNLAWFUL OR PROHIBITED USE
The
website may contain communication services such as bulletin boards, chat rooms,
news groups, communities, personal web pages, group calendars, electronic mail
postings, and other public forums. You agree to post messages only if they are
relevant to the intended subject matter of the forum.
You agree
not to use the website for any purpose that is unlawful or prohibited by the Terms
of Use. You may not use the website in any manner that could damage, disable,
overburden, or impair this website or interfere with any other party’s use of
this website or services. You may not seek by any means to obtain any materials
or information through the website not intentionally made available to you
through the website.
You agree
that you will not:
·
Post
messages that are inappropriate, unlawful, threatening, obscene, vulgar,
pornographic, profane, indecent, defamatory, libelous, abusive, or a violation
of the legal rights (including, without limitation, privacy and publicity
rights) of others.
·
Violate
the copyright, trademark, or other intellectual property rights of any other
person or entity.
·
Upload
any files containing viruses, corrupted files, or any other component that may
be harmful to the operation of another’s computer.
·
Improperly
assume or claim the identity, characteristics, or qualifications of another
person.
·
Conduct
or forward surveys, contests, pyramid schemes, or chain letters.
·
Harvest
or otherwise collect information about others, including, without limitation
e-mail addresses, without their consent.
·
Attempt
to gain access to any portion of this website, any computer, server, account,
network, software, or hardware associated with this website, from which you are
restricted.
·
Violate
any applicable laws or regulations.
·
Disrupt
the normal flow of dialogue, cause a screen to scroll faster than other users
are able to type, or otherwise act in a way which affects the ability of other
people to engage in real time activities via this website.
·
Post
Submissions or any other content using any manual or automatic posting tools
other than those provided by freeclassifieds.com without express written
consent from freeclassifieds.com.
·
Post
more that five automobile advertisements or listings on freeclassifieds.com if
you are affiliated with an automotive dealership.
·
Post
hyperlinks to other websites that contain content that falls within the
descriptions set forth above.
freeclassifieds.com
is not obligated to monitor the communications contained on the website.
However, freeclassifieds.com may, at its sole discretion edit, decline to post,
or remove any information or materials or any portion thereof. You agree that
you will create only one account for use of this website, and that business
entities are only entitled to one account for use with this website.
LEGAL AGE
This
website is not intended for children under the age of 13. By using this
website, you affirm that you are at least 13 years of age, and are fully able
and competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in the Terms and agree to comply with
the Terms. If you are under 13, please do not provide Submissions or otherwise
use this website.
SECURITY
Any user
names and/or passwords used for this website are for individual use only. You
will be responsible for the security of your user name and/or password (if
any). freeclassifieds.com will be entitled to monitor your password and, at its
discretion, require you to change it. If you use a password that
freeclassifieds.com considers insecure, freeclassifieds.com will be entitled to
require the password to be changed and/or terminate your account.
You agree
to provide true, accurate, current and complete information on this website for
use in any program or service in which you participate through this website. If
you provide to freeclassifieds.com any information that is false, inaccurate,
out of date, or incomplete, or freeclassifieds.com has reasonable grounds to
suspect that such information is false, inaccurate, out of date, or incomplete,
freeclassifieds.com may suspend or terminate your access to this website and
the services thereof, and may refuse any and all current or future use of the
services.
You are
prohibited from using any services or facilities provided in connection with
this website to compromise security or tamper with system resources and/or
accounts. The use or distribution of tools designed for compromising security
(e.g., password guessing programs, cracking tools or network probing tools) is
strictly prohibited. If you become involved in any violation of system
security, freeclassifieds.com reserves the right to release your details to
system administrators at other websites in order to assist them in resolving
security incidents. freeclassifieds.com reserves the right to investigate
suspected violations of these Terms of Use.
NO
REPRESENTATIONS OR WARRANTIES
freeclassifieds.com
makes no representations or warranties that this website if free of defects,
viruses or other harmful components. freeclassifieds.com shall not be
responsible for any damages or loss that may result from the hacking or
infiltration of this website or freeclassifieds.com’s computer systems. YOU
HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR
EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD
FREECLASSIFIEDS.COM HARMLESS FROM, AND YOU COVENANT NOT TO SUE FREECLASSIFIEDS.COM
FOR, ANY CLAIMS BASED ON THE USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST
DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT
FROM THIS WEBSITE. The pages on this website may contain technical
inaccuracies, outdated information and typographical errors. ACCESS TO THIS
WEBSITE IS PROVIDED FREE OF CHARGE AS A COURTESY. HOWEVER, ALL MATERIALS,
INFORMATION, SOFTWARE PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FREECLASSIFIEDS.COM
DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT. FREECLASSIFIEDS.COM MAKES NO WARRANTIES OR
REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN
OR OBTAINED THROUGH THE WEBSITE FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT
PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO
YOU.
DISCLAIMER
OF LIABILITY
As the
freeclassifieds.com website is a place for users to post advertisements and
listings of goods and services for sale, you agree that this site merely acts
as a conduit for persons to conduct sales and for buyers to purchase sellers'
goods. freeclassifieds.com has no control over the quality, safety or legality
of the user-posted Submissions, the truth or accuracy of the Submissions, the
ability of sellers to sell items or the ability of buyers to buy items.
freeclassifieds.com cannot and does not control whether or not sellers will
complete the sale of items they offer. freeclassifieds.com cannot and does not
control whether or not buyers will complete the purchase of items they have bid
on. Because freeclassifieds.com does not and cannot control the action of
others, in the event that you have a dispute with one or more buyers or
sellers, you hereby release freeclassifieds.com (and our agents and employees
and any third party partners and/or licensees of freeclassifieds.com) from all
claims, demands and damages (actual and consequential) of any kind or nature,
known or unknown, suspected or unsuspected, disclosed or undisclosed, arising
out of or in any way connected with such a claim or demand. If you are a
resident in a state which restricts the effect of a general release, you hereby
waive any such provision to the fullest extent allowable by law and agree that
this release of liability shall apply to this agreement to the fullest extent
possible.
The information provided on this website is provided "as is" or
"as available" and freeclassifieds.com makes no representations or
warranties, expressed or implied, to any actual or prospective purchaser or
owner of any item as to the existence, ownership, or condition of the item or
as to the accuracy or completeness of any information about the item contained
in this service. You acknowledge that any reliance upon any such materials
shall be at your sole risk, and that freeclassifieds.com will not be liable in
any way for Submissions or for any loss or damage of any kind incurred as a
result of the use of any Submissions posted, emailed or otherwise made
available through the use of this website..
UNDER NO
CIRCUMSTANCES SHALL FREECLASSIFIEDS.COM OR ITS SUBSIDIARIES, AFFILIATES,
LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS,
AND DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM
THE USE OF OR THE INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION,
DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR
CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA,
LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF FREECLASSIFIEDS.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES;
FREECLASSIFIEDS.COM’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE
EXTENT PERMITTED BY LAW.
If you
are dissatisfied with any portion of the website or the associated services,
your sole remedy is to cease using them.
INDEMNITY
You agree
to defend, indemnify, and hold harmless freeclassifieds.com and its employees,
agents, directors, officers and shareholders, from and against all liabilities,
claims, damages, and expenses (including without limitation reasonable
attorneys’ fees and costs) arising out of your use of this website, any
Submissions that you post on this website, your breach of this agreement, or
your infringement of the intellectual property rights of third parties.
TERMINATION
freeclassifieds.com
reserves the right to terminate your access to the website or to any or all of
its services at any time without notice for any reason whatsoever.
freeclassifieds.com shall not be held liable to you or any third-party for any
termination of your access to this website.
TRADEMARKS
AND COPYRIGHTS
Trademarks,
service marks, and logos appearing in this website are the property of
freeclassifieds.com or the party that provided the trademarks, service marks,
and logos to freeclassifieds.com. freeclassifieds.com and any party that
provided trademarks, service marks, and logos to freeclassifieds.com retain all
rights with respect to any of their respective trademarks, service marks, and
logos appearing in this website.
All
content on this website whether provided by freeclassifieds.com or through
links to Linked Sites is the copyrighted work of freeclassifieds.com and/or the
owner(s) of the Linked Sites. Except as stated herein, none of the contents of
the website may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means, including, but
not limited to, electronic, mechanical, photocopying, recording, or otherwise,
without the prior express written permission of freeclassifieds.com or the
owner(s) of the Linked Sites.
NOTICE
AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant
to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to our Designated Agent.
PROCEDURE
FOR COPYRIGHT INFRINGEMENT CLAIMS
In
accordance with the Digital Millennium Copyright Act (DMCA),
freeclassifieds.com has designated an agent to receive notice of unauthorized
online use of copyrighted materials. If you believe that your copyrighted work
is being infringed, please notify our copyright agent specified below.
E-mail
may be sent to: [email protected]
Please notify us in writing and include
all of the following:
·
Identification
of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online website are covered by a single
notification, a representative list of such works at that website.
·
Identification
of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit freeclassifieds.com
to locate the material.
·
Information
reasonably sufficient to permit freeclassifieds.com to contact the complaining
party, such as an address, telephone number, and, if available, an electronic
mail address at which the complaining party may be contacted.
·
A
statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law.
·
A
statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
·
A
physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
Nothing
on this website shall be construed as conferring any license under any
intellectual property right, including any right in the nature of trademark or
copyright, of freeclassifieds.com or any third party, whether by estoppel,
implication, or otherwise. All trademarks and trade names are the property of
their respective owners. Except as otherwise notes, freeclassifieds.com is the
owner of all trademarks and service marks on this website, whether registered
or not.
PRIVACY
Please
see our Privacy Policy for information regarding the collection and use of
personal information from this website. Despite any representations concerning
privacy, freeclassifieds.com reserves the right to disclose without notice to
you any information in its possession if required to do so by law or upon a
good-faith belief that such action is necessary to comply with the law, to
protect or defend our rights or property, or to respond to an emergency
situation. Specific areas or pages of this website may include additional or
different terms relating to the use of personal information collected from such
areas or pages.
GENERAL
This
Agreement shall be given effect to the fullest extent permissible by law. In
case any one or more of the provisions contained in this agreement shall for
any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other
provisions hereof, and this agreement shall be construed to give maximum legal
effect to the intent expressed herein. This agreement is governed by, and
construed in accordance with the laws of the State of South Dakota,
without giving effect to any principles of conflicts of law. You hereby consent
to the exclusive jurisdiction and venue of the courts of the State of South
Dakota or, if appropriate, the United States District Court for the District of
South Dakota for the resolution of all disputes arising out of or relating to
the use of this website and the associated services. freeclassifieds.com may
assign this agreement, in whole or in part, at any time. This agreement coupled
with the freeclassifieds.com Privacy Policy constitutes the entire agreement
between freeclassifieds.com and the user with respect to this website, and
these agreements supersede all prior or contemporaneous communications,
proposals, and agreements, whether electronic, oral, or written, between
freeclassifieds.com and the user with respect to the website. As such, these
terms of use represent the entire understanding relating to the use of this
website and prevail over any prior or contemporaneous, conflicting or
additional communications.
freeclassifieds.com’s
performance of this Agreement is subject to existing laws and legal process.
Nothing contained in this Agreement is in derogation of freeclassifieds.com’s
right to comply with governmental, court and law enforcement requests relating
to your use of the website, or information collected by freeclassifieds.com in connection
with such use.
Any
unauthorized access, modification or change of any information, or any
interference with the availability of or access to this website is strictly
prohibited. freeclassifieds.com reserves all legal rights and remedies
available to it and this disclaimer shall in no way be deemed a limitation or
waiver of any other rights freeclassifieds.com may have.
Specific
areas or pages of this website may include additional or different terms
relating to the use of this website. In the event of a conflict between such
terms and these terms of use such specific terms shall control.
All
rights not expressly granted herein are reserved exclusively and entirely to
freeclassifieds.com.
CONTACT
INFORMATION:
Questions
about these Terms of Use should be directed to:
Email:[email protected]
Questions
about our products should not be directed to this email and will not be
replied to.
Please
use this contact information only for legal and privacy policy matters. For all
other inquiries, refer to the Contact Us section of our home page.
This
document was last revised on 11/05/2010.
Unless
otherwise indicated, all material on this website © 2010 freeclassifieds.com.
All
rights reserved.