WebFreeClassifieds.com Access
Agreement
Please read this Agreement carefully before accessing
WebFreeClassifieds.com. As a condition to and in consideration of
receiving and accessing WebFreeClassifieds.com, the User agrees to be
bound by the terms of this Agreement. Use of or access to
WebFreeClassifieds.com shall constitute acceptance of and agreement to
be bound by this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS
AGREEMENT, DO NOT ACCESS WebFreeClassifieds.com. If you have any
questions about this Agreement, please contact us.
WebFreeClassifieds.com Access
Agreement
THIS
AGREEMENT "Agreement" is entered into by and between
WebFreeClassifieds.com and any individual, corporation, association,
agency, company, or other entity who accesses or uses
WebFreeClassifieds.com (the "User" or "you").
WebFreeClassifieds.com, which is provided without
charge to you, is a World Wide Web site on the Internet that is
designed to allow users to post ads/messages and/or to view
ads/messages posted by other users or interact with those users.
WebFreeClassifieds.com is owned and operated by WebFreeClassifieds.com.
WebFreeClassifieds.com contains or may contain information,
communications, opinions, text, graphics, links, electronic art,
animations, audio, video, software, photos, music, sounds and other
material and data (collectively, "Content") formatted, organized and
collected in a variety of forms that are generally accessible to Users,
including directories and databases, and areas of
WebFreeClassifieds.com that can be modified by Users, such as posting
ads/messages, uploading multimedia files, registering user profiles,
and creating Auto-Notify profiles ("Interactive Areas").
1. User Rights and Responsibilities
1.1 Access to WebFreeClassifieds.com.
You are responsible for providing all hardware,
software, telephone or other communications equipment and/or service to
connect to the Internet and access WebFreeClassifieds.com and are
responsible for all Internet access charges, telephone charges or other
fees or charges incurred in connecting to the Internet and accessing
WebFreeClassifieds.com.
1.2 User Conduct.
You
agree to access and use WebFreeClassifieds.com only for lawful
purposes. You are solely responsible for the knowledge of and adherence
to any and all laws, statutes, rules and regulations, pertaining to (i)
your use of WebFreeClassifieds.com, including any Interactive Area,
(ii) the use of any networks or other services connected to
WebFreeClassifieds.com, and (iii) the communications means by which you
connect your modem, computer, or other equipment to
WebFreeClassifieds.com. By accessing WebFreeClassifieds.com, you agree
that you will not:
(a) restrict or inhibit any other user from using
and enjoying the Interactive Features;
(b) post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar, pornographic, profane,
or indecent information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate
any local, state, national, or international law;
(c) post or transmit any information, software, or
other material which violates or infringes in the rights of others,
including material which is an invasion of privacy or publicity rights
or which is protected by copyright, trademark or other proprietary
right, or derivative works with respect thereto, without first
obtaining permission from the owner or right holder.
(d) post or transmit any information, software or
other material which contains a virus or other harmful component;
(e) alter, damage or delete any Content or other
communications that are not your own Content or to otherwise interfere
with the ability of others to access WebFreeClassifieds.com;
(f) disrupt the normal flow of communication in an
Interactive Area;
(g) claim a relationship with or to speak for any
business, association, institution or other organization for which you
are not authorized to claim such a relationship;
(h) violate any operating rule, policy or guideline
of your Internet access provider or online service.
2. Intellectual Property Rights
2.1 WebFreeClassifieds.com content.
(a) You acknowledge that Content on cosmos11 Adpost
is generally provided by cosmos11 Adpost, individual contributors of
Content ("Contributors"), third party licensees, and/or other Users.
You acknowledge that cosmos11 Adpost permits access to Content that is
protected by copyrights, trademarks, and other proprietary (including
intellectual property) rights ("Intellectual Property Rights"), and
that these Intellectual Property Rights are valid and protected in all
media existing now or later developed and except as is explicitly
provided below, your use of Content shall be governed by applicable
copyright and other intellectual property laws. You acknowledge that
cosmos11 Adpost owns a copyright in the "look and feel," i.e., the
selection, coordination, arrangement and presentation of such Content.
(b) You may not modify, copy, reproduce, transmit,
distribute, publish, create derivative works from, display or otherwise
transfer or commercially exploit any of the Content, in whole or in
part, provided, however, that you may (i) make a reasonable number of
digital or other form of copies to permit your computer hardware and
software to access and view the Content, (ii) print one copy of each
piece of Content, (iii) make and distribute a reasonable number of
copies of Content, in whole or in part, in hard copy or electronic form
for internal use only. Any permitted copies of Content must reproduce
in an unmodified form any notices contained in the Content, such as all
Intellectual Property Right notices, and an original source attribution
to "cosmos11 Adpost" and its URL address. You acknowledge that cosmos11
Adpost, its Contributors, and/or Users remain the owners of the Content
and that you do not acquire any Intellectual Property Rights by
downloading or printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise
transmit, post, publish, reproduce or distribute, on or through
WebFreeClassifieds.com only Content that is not subject to any
Intellectual Property Rights, or Content in which any holder of
Intellectual Property Rights has given express authorization for
distribution over the Internet and on WebFreeClassifieds.com, without
restriction whatsoever. Any Content submitted with the consent of a
copyright owner other than you should contain a phrase such as
"Copyright owned by [name of owner]; Used by Permission." By submitting
Content to any Interactive Area, you automatically grant and/or warrant
that the owner of such Content, whether it be You or a third party, has
expressly granted to WebFreeClassifieds.com the royalty-free,
perpetual, irrevocable, non-exclusive, unrestricted, worldwide right
and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, sublicense, distribute, perform, and
display such Content, in whole or in part, worldwide and/or to
incorporate it in other works in any form, media, or technology now
known or later developed for the full term of any Intellectual Property
Rights that may exist in such Content. You also permit
WebFreeClassifieds.com to sublicense to third parties the unrestricted
right to exercise any of the foregoing rights granted with respect to
such Content. You also permit any User to access, view, store and
reproduce the Content for personal use. Where you have provided your
e-mail address, you are expressly allowing WebFreeClassifieds.com to
send you e-mail for for e-mail updates. E-Mail updates comprise
responses to your postings, newsletters, system updates, and other
updates as WebFreeClassifieds.com may offer from time to time. Where
you have provided your registration information, you are expressly
allowing WebFreeClassifieds.com to submit such information to outsource
partner sites to create an account on your behalf for the purpose of
managing off-site content, including but not limited to video uploads
submitted by your account at WebFreeClassifieds.com.
3. Interactive Areas
You acknowledge that WebFreeClassifieds.com may
include various interactive areas ("Interactive Areas"), including but
not limited to ads/messages. These Interactive Areas allow feedback to
WebFreeClassifieds.com and real-time interaction between users. You
further understand that WebFreeClassifieds.com does not control the
messages, information, or files delivered to such Interactive Areas and
that WebFreeClassifieds.com may offer you and other Users the
capability of creating and managing an Interactive Area. However,
neither WebFreeClassifieds.com, its subsidiary and parent companies, or
affiliates, nor their respective directors, officers, employees and
agents are responsible for Content within any Interactive Area. Your
use and/or management of an Interactive Area will be governed by this
Agreement and any additional rules or operating procedures of any
Interactive Area established by you or another User, as applicable. You
recognize that WebFreeClassifieds.com cannot, and does not intend to,
screen communications in advance. Moreover, because
WebFreeClassifieds.com encourages open and candid communication in the
Interactive Areas, WebFreeClassifieds.com cannot determine in advance
the accuracy or conformance to this Agreement of any Content
transmitted in an Interactive Area. WebFreeClassifieds.com is not
responsible for screening, policing, editing, reviewing or monitoring
any Content in an Interactive Area. Notwithstanding the above, you
agree that WebFreeClassifieds.com has the right to monitor any
Interactive Area, from time to time and to disclose any information as
necessary to satisfy any law, regulation or other governmental request,
to operate the Interactive Area, or to protect itself or other Users.
If notified of Content that is alleged not to conform to this
Agreement, WebFreeClassifieds.com may investigate the allegation and
determine in its sole discretion whether to remove or request the User
to remove such Content. WebFreeClassifieds.com reserves the right to
prohibit conduct, communication or Content within an Interactive Area,
or to edit, refuse to post, or to remove any Content, in whole or in
part, which it deems in its sole discretion to (i) violate the
then-standard provisions of this Agreement or any other standard,
written WebFreeClassifieds.com policy in effect at that time, (ii) be
harmful to the rights of any User, WebFreeClassifieds.com, or other
third parties, (iii) violate applicable law, or (iv) be otherwise
objectionable. You also acknowledge that WebFreeClassifieds.com may
send you e-mail for responses and follow-up updates to ads/messages,
replies, auto-notify personal search agents, and any other transactions
posted by you at WebFreeClassifieds.com. Your requested compliance is
also stated clearly on the respective screens, which include but are
not limited to, the registration and modification of accounts, the
posting, modification, and deletion of ads/messages, the posting of
replies, and the posting, modification, and deletion of auto-notify
personal search agents.
4. Termination
The only right with respect to dissatisfaction with
any policies, guidelines, or practices of WebFreeClassifieds.com in
operating WebFreeClassifieds.com, or any change in Content, is for you
to discontinue accessing WebFreeClassifieds.com. WebFreeClassifieds.com
may terminate or temporarily suspend your access to all or any part of
WebFreeClassifieds.com, without notice, for conduct that
WebFreeClassifieds.com believes is a violation of this Agreement or any
policies or guidelines posted by WebFreeClassifieds.com, or for other
conduct which WebFreeClassifieds.com believes, in its sole discretion,
is harmful to WebFreeClassifieds.com or other Users.
WebFreeClassifieds.com may discontinue operating WebFreeClassifieds.com
and terminate this Agreement without notice at any time for any reason
in its sole discretion. In the event of termination, you are no longer
authorized to access WebFreeClassifieds.com, including the Interactive
Areas, and the restrictions imposed on you with respect to Content
downloaded from WebFreeClassifieds.com, as well as the disclaimers and
limitations of liabilities set forth in this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of
Liability
5.1 Links. You understand that except for Content,
products or services expressly available at WebFreeClassifieds.com,
neither WebFreeClassifieds.com, its subsidiary and parent companies, or
affiliates, or their respective directors, officers, employees, and
agents controls, provides, or is responsible for any Content, goods or
services available through sites on the Internet linked to or from
WebFreeClassifieds.com. All such Content, goods and services are made
accessible on the Internet by independent third parties and are not
part of WebFreeClassifieds.com or controlled by WebFreeClassifieds.com.
WebFreeClassifieds.com neither endorses nor is responsible for the
accuracy, completeness, usefulness, quality or availability of any
Content, goods or services available on any site linked to or from
WebFreeClassifieds.com, which are the sole responsibility of such
independent third parties, and your use thereof is solely at your own
risk. Neither WebFreeClassifieds.com, its subsidiary and parent
companies, or affiliates, or their respective directors, officers,
employees, and agents shall be held responsible or liable, directly or
indirectly, for any loss or damage caused or alleged to have been
caused by your use of or reliance on any Content, goods or services
available on any site linked to or from WebFreeClassifieds.com or your
inability to access the Internet or any site linked to or from
WebFreeClassifieds.com.
5.2 Disclaimer of Warranties. Please use your best
judgment in evaluating all information contained or opinions expressed
on WebFreeClassifieds.com. It is the policy of WebFreeClassifieds.com
not to endorse or oppose any opinion expressed by a User or Content
provided by a User, Contributor, or other independent party. YOU
EXPRESSLY AGREE THAT YOUR USE OF WebFreeClassifieds.com IS AT YOUR SOLE
RISK. NEITHER WebFreeClassifieds.com NOR ANY OF ITS SUBSIDIARY AND
PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR
OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES
WARRANTS THAT WebFreeClassifieds.com OR ANY INTERNET SITE LINKED TO OR
FROM WebFreeClassifieds.com WILL BE UNINTERRUPTED OR ERROR FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE
AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF WebFreeClassifieds.com
OR ANY INTERNET SITE LINKED TO OR FROM WebFreeClassifieds.com OR AS TO
THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS,
USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF
ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH
WebFreeClassifieds.com OR ANY SITE LINKED TO OR FROM
WebFreeClassifieds.com. WebFreeClassifieds.com IS PROVIDED ON AN "AS
IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES
SHALL WebFreeClassifieds.com, ITS SUBSIDIARY AND PARENT COMPANIES, OR
AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT,
WebFreeClassifieds.com, OR ANY INTERNET SITE LINKED TO OR FROM
WebFreeClassifieds.com, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING
WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE,
BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED
ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL
WebFreeClassifieds.com, ITS SUBSIDIARY AND PARENT COMPANIES, OR
AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY
FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT
CONTAINED WITHIN WebFreeClassifieds.com OR THE CONTENT CONTAINED WITHIN
ANY INTERNET SITE LINKED TO OR FROM WebFreeClassifieds.com. THE CONTENT
WITHIN WebFreeClassifieds.com AND THE CONTENT WITHIN INTERNET SITES
LINKED TO OR FROM WebFreeClassifieds.com MAY INCLUDE TECHNICAL OR OTHER
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO
THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS
OF WebFreeClassifieds.com AND SPECIFICALLY ARE INCLUDED IN THIS SECTION
AGREEMENT. WebFreeClassifieds.com AND ITS CONTRIBUTORS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO
TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT
WebFreeClassifieds.com IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE,
FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE
DISSATISFIED WITH ANY WebFreeClassifieds.com SITE CONTENT, OR WITH THE
ACCESS AGREEMENT OF WebFreeClassifieds.com, IN WHOLE OR IN PART, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
WebFreeClassifieds.com.
6. Indemnity
You agree to indemnify and hold
WebFreeClassifieds.com, its parent or subsidiary companies and their
affiliates, and their respective directors, officers, employees, and
agents from any and all liabilities, claims and expenses, including
reasonable attorneys fees, arising from breach of this Agreement, any
other policy, your use or access of WebFreeClassifieds.com or any
Internet site linked to or from WebFreeClassifieds.com, or in
connection with the transmission of any Content on
WebFreeClassifieds.com.
7. Miscellaneous
This Agreement comprises the entire agreement
between WebFreeClassifieds.com and you, and supersedes any prior
agreements with respect to the subject matter herein.
WebFreeClassifieds.com may revise this Agreement or any other policy at
any time and from time to time, and such revision shall be effective
two (2) days upon posting notice of such revision prominently on
WebFreeClassifieds.com. You agree to review this Agreement periodically
to be aware of such revisions. If any such revision is unacceptable to
you, you must discontinue accessing WebFreeClassifieds.com. Your
continued accessing and use of WebFreeClassifieds.com following notice
of any such revision shall conclusively be deemed acceptance of all
such revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2,
5.3, 6 and 7 shall survive the termination or expiration of this
Agreement. If any provision of this Agreement or any other policy be
held invalid or unenforceable, that portion shall be construed in
accordance with applicable law as nearly as possible to reflect the
original intention of the parties and the remaining portions will
continue in full force and effect. The failure of
WebFreeClassifieds.com to insist upon or enforce strict performance of
any provision of this Agreement shall not be construed as a waiver of
any provision or right. This Agreement shall be governed by the laws of
the state or province of domicile of WebFreeClassifieds.com, excluding
its conflict of laws rules, and you and WebFreeClassifieds.com each
submit to the exclusive jurisdiction of the courts of that state or
province. This Agreement is personal to you and you may not assign your
rights or obligations thereunder to anyone. All logos, brand names,
products, trademarks and service marks appearing herein may be the
trademarks or service marks of their respective owners. References to
any trademark, service mark and links to or from WebFreeClassifieds.com
have been done strictly for clarification and identification and does
not constitute endorsement by WebFreeClassifieds.com of the products,
services or information offered by the owner of such trademark, service
mark or link or endorsement of WebFreeClassifieds.com by such
trademark, service mark or link owner. |
