A Classified Marketplace
1. ACCEPTANCE OF TERMS
By using the Marketplace in any way, you are agreeing to comply with the TOU. In addition, when using particular Marketplaces, you agree to abide by any applicable posted guidelines for all Marketplaces,which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with A Classified Marketplace in any way, your only recourse is to immediately discontinue use of A Classified Marketplace.
A Classified Marketplace has the right, but is not obligated, to strictly enforce the TOU through self-help,community moderation, active investigation, litigation and prosecution.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right,at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof.
You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at: http://www.aclassifiedMarketplace.com/classified/terms.aspx
You understand that all postings, messages, texts, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Marketplace, are the sole responsibility of the person from whom such Content originated.
More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Marketplace. You understand that A Classified Marketplace does not control, and is not responsible for Content made available through the Marketplace, and that by using the Marketplace, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.Furthermore, the A Classified Marketplace site and Content available through the Marketplace may contain links to other websites, which are completely independent of A Classified Marketplace.
A Classified Marketplace makes no representation or warranty as to the accuracy,completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content,that you may not rely on said Content, and that under no circumstances will A Classified Marketplace be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Marketplace.
You acknowledge that A Classified Marketplace does not pre-screen or approve Content, but that A Classified Marketplace shall have the right(but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Marketplace, for violating the letter or spirit of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND MARKETPLACES
The A Classified Marketplace site and Content available through the Marketplace may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of A Classified Marketplace, including web sites,directories, servers, networks, systems, information and databases,applications, software, programs, products or Marketplaces, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Marketplace,including payment and delivery of goods or Marketplaces, and any other terms,conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that A Classified Marketplace shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that A Classified Marketplace is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release A Classified Marketplace, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected,disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Marketplace. If you are a California resident, you waive California Civil Code Section 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."
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated,please notify A Classified Marketplace's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at:
A Classified Marketplace
PO Box 7432
West Palm Beach, Fl 33405
Please provide our Agent with the following Notice: a) Identify the material on the A Classified Marketplace site that you claim is infringing, with enough detail so that we may locate it on the website; b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; d) Your address,telephone number, and email address; and e) Your physical or electronic signature. A Classified Marketplace will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital,anal-genital, or oral-anal, whether between persons of the same or opposite sex, or(ii)bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse,or(v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses,degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age,or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin,age, or disability.
f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act,including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
g) that impersonates any person or entity, including, but not limited to, a A Classified Marketplace employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another person without that person's explicit consent;
i) that is false,deceptive, misleading, deceitful, misinformative, or constitutes"bait and switch";
j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
k) that constitutes or contains "affiliate marketing,""link referral code," "junkmail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the A Classified Marketplace sites which are not designated for such purposes; or emailed to A Classified Marketplace users who have not indicated in writing that it is ok to contact them about other Marketplaces, products or commercial interests.
m) that includes links to commercial Marketplaces or web sites.
n) that advertises any illegal substance or marketplace or sale of any items which are prohibited or restricted by any applicable law including, without limitation, items the sale of which is prohibited in your local, state or federal jurisdictions.
o) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Marketplace, or that otherwise negatively affects other users' ability to use the Marketplace; or
q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Marketplace. Additionally, you agree not to:
r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
s) "stalk"or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Marketplace - unless expressly permitted by A Classified Marketplace;
v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
w) post the same item or Marketplace in more than one classified category or forum, or in more than one metropolitan area;
x) attempt to gain unauthorized access to A Classified Marketplace's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Marketplace or the A Classified Marketplace website; or
y) use any form of automated device or computer program that enables the submission of postings on A Classified Marketplace without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation,the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
z) use any form of automated device or computer program ("flagging tool") that enables the use of A Classified Marketplace's "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU;
8. POSTING AGENTS
A "Posting Agent" is a third-party agent, Marketplace, or intermediary that offers to post Content to the Marketplace on behalf of others. To moderate demands on A Classified Marketplace's resources, you may not use a Posting Agent to post Content to the Marketplace without express permission or license from A Classified Marketplace. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Marketplace to facilitate posting Content on behalf of others, except with express permission or license from A Classified Marketplace.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to A Classified Marketplace email addresses or through A Classified Marketplace computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of A Classified Marketplace computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
10. PAID POSTINGS
We may charge a fee to post Content in some areas of the Marketplace. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Marketplace is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Marketplace for violating the TOU.
11. LIMITATIONS ON Marketplace
You acknowledge that A Classified Marketplace may establish limits concerning use of the Marketplace,including the maximum number of days that Content will be retained by the Marketplace,the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Marketplace, and the frequency with which you may access the Marketplace. You agree that A Classified Marketplace has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Marketplace. You acknowledge that A Classified Marketplace reserves the right at any time to modify or discontinue the Marketplace (or any part thereof) with or without notice, and that A Classified Marketplace shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Marketplace.
12. ACCESS TO THE MARKETPLACE
All Areas of the Marketplace restrict access to only registered Members to interact with posting. Unregistered users do have the ability to browse and search postings within the marketplace. A Classified Marketplace grants you a limited, revocable, nonexclusive license to access the Marketplace for your own personal use, upon payment of the Annual Membership Fee of $14.95 per annum. This license does not include: (a) access to the Marketplace by Posting Agents; or (b) any collection,aggregation, copying, duplication, display or derivative use of the Marketplace nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by A Classified Marketplace. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Marketplace, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other Marketplace that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, Marketplaces, or personals, or which is in the business of providing classified ad listing Marketplaces. A Classified Marketplace permits you to display on your website, or create a hyperlink on your website to individual postings on the Marketplace so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by A Classified Marketplace to do so. You may also create a hyperlink to the home page of A Classified Marketplace sites so long as the link does not portray A Classified Marketplace, its employees, or its affiliates in a false, misleading,derogatory, or otherwise offensive matter. Use of the Marketplace beyond the scope of authorized access granted to you by A Classified Marketplace immediately terminates said permission or license and terminates your membership. In order to collect, aggregate, copy,duplicate, display or make derivative use of the the Marketplace or any Content made available via the Marketplace for other purposes (including commercial purposes) not stated herein, you must first obtain a license from A Classified Marketplace.
13. TERMINATION OF MARKETPLACE MEMBERSHIP & EARLY CANCELLATION BY MEMBER
You agree that A Classified Marketplace, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your membership and access to or use of the Marketplace (or any part thereof),immediately and without notice, and remove and discard any Content within the Marketplace,for any reason, including, without limitation, if A Classified Marketplace believes that you have acted inconsistently with the letter or spirit of the TOU.Further, you agree that A Classified Marketplace shall not be liable to you or any third-party for any termination of your access to the Marketplace. Further, you agree not to attempt to use the Marketplace after said termination. Sections 2, 4, 6and10-16 shall survive termination of the TOU. If A Classified Marketplace refuses a new or renewing membership, registrants MAY be offered a refund. If a Membership Cancellation request is received within 3 days of registration, the Member maybe eligible to receive a full refund less $45 service fee. Cancellations received after the stated deadline will not be eligible for a refund. Cancellations will be accepted via e-mail, and must be received by the stated cancellation deadline. All benefits and incentives received by participant must be cancelled/returned to the NPA. All refund requests must be made by the credit card holder. Refund requests must include the name of the attendee and/or transaction number. Refunds will be credited back to the original credit card used for payment.
14. PROPRIETARY RIGHTS
The Marketplace is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Marketplace is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification,creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of A Classified Marketplace. You further agree not to reproduce, duplicate or copy Content from the Marketplace without the express written consent of A Classified Marketplace, and agree to abide by any and all copyright notices displayed on the Marketplace. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Marketplace. Without limiting the foregoing, you agree not to reproduce, duplicate, copy,sell, resell or exploit for any commercial purposes, any aspect of the Marketplace. Although A Classified Marketplace does not claim ownership of content that its users post, by posting Content to any public area of the Marketplace, you automatically grant, and you represent and warrant that you have the right to grant, to A Classified Marketplace an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy,perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.Furthermore, by posting Content to any public area of the Marketplace, you automatically grant A Classified Marketplace all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Marketplace by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE A Classified Marketplace SITE AND THE Marketplace IS ENTIRELY AT YOUR OWN RISK. THEA Classified Marketplace SITE AND THE Marketplace ARE PROVIDED ON AN "AS IS"OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, A Classified Marketplace DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,ACCURACY,AND PERFORMANCE OF THE A Classified Marketplace SITE AND THE Marketplace. TO THE FULLEST EXTENT PERMITTED BY LAW, A Classified Marketplace DISCLAIMS ANY WARRANTIES FOR OTHER Marketplaces OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE A Classified Marketplace SITE OR THE SITES OR Marketplace, OR ACCESSED THROUGH ANY LINKS ON THE A Classified Marketplace SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, A Classified Marketplace DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE A Classified Marketplace SITE OR THE Marketplace. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL A Classified Marketplace BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF A Classified Marketplace HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE A Classified Marketplace SITE OR THE Marketplace, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE A Classified Marketplace SITE OR THE Marketplace, FROM INABILITY TO USE THE A Classified Marketplace SITE OR THE Marketplace, OR THE INTERRUPTION,SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE A Classified Marketplace SITE OR THE Marketplace. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER Marketplaces OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE A Classified Marketplace SITE OR THE Marketplace OR ANY LINKS ON THE A Classified Marketplace SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE A Classified Marketplace SITE OR THE Marketplace OR ANY LINKS ON THE A Classified Marketplace SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold A Classified Marketplace, its officers, subsidiaries, affiliates,successors, assigns, directors, officers, agents, Marketplace providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Marketplace, your use of the Marketplace, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
18. PERSONALS TERMS
for more information on safe browsing for children.
19. GENERAL INFORMATION
The TOU constitute the entire agreement between you and A Classified Marketplace and govern your use of the Marketplace, superseding any prior agreements between you and A Classified Marketplace. The TOU and the relationship between you and A Classified Marketplace shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and A Classified Marketplace agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Palm Beach,Florida. The failure of A Classified Marketplace to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Marketplace or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
20. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to: email@example.com or A Classified Marketplace PO Box 7432 West Palm Beach, Fl 33405 Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for A Classified Marketplace to pursue legal action to enforce these Terms, you will be liable to pay A Classified Marketplace the following amounts as liquidated damages, which you accept as reasonable estimates of A Classified Marketplaces' damages for the specified breaches of these Terms: a. If you post amessage that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay A Classified Marketplace one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures. b. If A Classified Marketplace establishes limits on the frequency with which you may access the Marketplace, or terminates your access to or use of the Marketplace, you agree to pay A Classified Marketplace one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access A Classified Marketplace in excess of such limits, whichever is higher. c. If you send unsolicited email advertisements to A Classified Marketplace email addresses or through A Classified Marketplace computer systems, you agree to pay A Classified Marketplace twenty five dollars ($25) for each such email. d. If you post Content in violation of the TOU, other than as described above, you agree to pay A Classified Marketplace one hundred dollars ($100) for each Item of Content posted. In its sole discretion, A Classified Marketplace may elect to issue a warning before assessing damages. e. If you are a Posting Agent that uses the Marketplace in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay A Classified Marketplace one hundred dollars ($100) for each and every Item you post in violation of theTOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Marketplace (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU)agrees to pay A Classified Marketplace an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the TOU. f. If you aggregate,display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without A Classified Marketplace's express written permission, you agree to pay A Classified Marketplace three thousand dollars ($3,000) for each day on which you engage in such conduct. Otherwise, you agree to pay A Classified Marketplace's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, A Classified Marketplace retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
We welcome your questions and comments on this document by way of email to our webmaster at firstname.lastname@example.org