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Terms of Use
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| 1 | Acceptance of our Terms |
| OLClassifieds.com provides
a collection of online resources which include classified ads, forums, and
various email services, (referred to as "the Service") Subject to the Terms of Use ("Terms"), which may be updated by OLClassifieds.com at any time. OLClassifieds.com will provide notice of significant changes to the Term by posting this notice on the OLClassifieds.com website. By using the website in any way, you agree to comply with these Terms. Addditionally, when using particular OLClassifieds.com services, you agree to conform to any applicable posted guidelines for all OLClassifieds.com services, which may change periodically. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with OLClassifieds.com in any way, your only choice is to immediately discontinue use of OLClassifieds.com. |
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| 2 | Content |
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You understand that all listings, messages, comments, files, images,
photos, video, sounds, or other materials ("Content") posted
on, transmitted through, or linked from the Service, are the sole responsibility
of the person from whom such Content originated. More specifically, you
are entirely responsible for all Content that you upload, email or otherwise
make available via the Service. You understand that OLClassifieds.com does not
control, and is not responsible for Content made available through the
website, and that by using the website, you may be exposed to Content
that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Furthermore, the OLClassifieds.com site and Content available through the website
may contain links to other websites, which are completely unrelated to
OLClassifieds.com. OLClassifieds.com makes no representation or |
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| 3 | Notification of Claims of Infringement |
| If you believe that your work
has been copied in a way that infringes copyright, or your intellectual
property rights have been otherwise violated, please notify a OLClassifieds.com
agent for notice of claims of copyright or other intellectual property infringement
("Agent"), via the customer care links on OLClassifieds.com. Please provide our representatives with the following Notice: 1. Identify the copyrighted work or other intellectual property that you claim has been infringed upon; 2. Identify the content on the OLClassifieds.com site that you claim is infringing, with enough detail so that we may locate it on the website; 3. A statement by you that you have good reason that the disputed use is not authorised by the copyright owner, its agent, or the law; 4. A statement by you declaring (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorised to act on behalf of that owner; 5. Your address, telephone number, and email address; and 6. Your physical or internet/electronic signature. OLClassifieds.com will remove the infringing listing(s). |
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| 4 | Privacy and Information Disclosure |
| By using this website acknowledge
and agree that OLClassifieds.com may, in its sole discretion, preserve or disclose
your Content, as well as your information, such as email addresses, IP addresses,
timestamps, and other user information, if required to do so by law or in
the good faith belief that such preservation or disclosure is reasonably
necessary to: comply with legal process; enforce these Terms; respond to
claims that any Content violates the rights of third-parties; respond to
claims that contact information (for example phone number, street address)
of a third-party has been posted or transmitted without their consent or as a form of harrassment; protect the rights, property, or personal safety of OLClassifieds.com, its users or the general public. |
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| 5 | Conduct |
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You agree not to post, email, or otherwise make available Content: * that is unlawful, harmful, threatening, abusive, harassing, defamatory,
pornographic, libelous, invasive of another's privacy, or harms minors
in any way; Additionally, you agree not to: * contact anyone who has asked not to be contacted; |
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| 6 | No Spam Policy |
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You understand and agree that sending unsolicited email advertisements to OLClassifieds.com email addresses or through OLClassifieds.com computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of OLClassifieds.com 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. |
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| 7 | Limitations on service |
| You acknowledge that OLClassifieds.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that OLClassifieds.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that OLClassifieds.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that OLClassifieds.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. | |
| 8 | Termination of service |
| You agree that OLClassifieds.com, 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 access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if OLClassifieds.com believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that OLClassifieds.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 9-13 shall survive termination of these Terms. |
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| 9 | Dealings with organizations and individuals |
| Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that OLClassifieds.com 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 OLClassifieds.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release OLClassifieds.com, 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 service. 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." | |
| 10 | Proprietary rights |
| The Service is protected to the
maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service 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 Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. OLClassifieds.com is a registered mark in the U.S. Patent and Trademark Office. Although OLClassifieds.com does not claim ownership of content that its users
post, by |
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| 11 | Disclaimer of Warranties |
| YOU AGREE THAT USE OF THE OLClassifieds.com
SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE OLClassifieds.com SITE AND THE SERVICE 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, OLClassifieds.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE OLClassifieds.com SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, OLClassifieds.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE OLClassifieds.com SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE OLClassifieds.com SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, OLClassifieds.com DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE OLClassifieds.com SITE OR THE SERVICE. 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. |
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| 12 | Limitations of Liability |
| UNDER NO CIRCUMSTANCES SHALL
OLClassifieds.com BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF OLClassifieds.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE OLClassifieds.com SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE OLClassifieds.com SITE OR THE SERVICE, FROM INABILITY TO USE THE OLClassifieds.com SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE OLClassifieds.com SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OLClassifieds.com SITE OR THE SERVICE OR ANY LINKS ON THE OLClassifieds.com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OLClassifieds.com SITE OR THE SERVICE OR ANY LINKS ON THE OLClassifieds.com SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you. |
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| 13 | Indemnity |
| You agree to indemnify and hold
OLClassifieds.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service 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 Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another. |
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| 14 | General information |
| The Terms constitute the entire
agreement between you and OLClassifieds.com and govern your use of the Service, superceding any prior agreements between you and OLClassifieds.com. The Terms and the relationship between you and OLClassifieds.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and OLClassifieds.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of OLClassifieds.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms 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 Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. |
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| 15 | Violations of Terms and Liquidated Damages |
| Please report any violations
of the Terms, by flagging the posting(s) for review, or by emailing to .
Our failure to act with respectto 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, a. If you post a message that (1) impersonates any person or entity;
(2) b. If OLClassifieds.com establishes limits on the frequency with which you may
access c. If you send unsolicited email advertisements to OLClassifieds.com email addresses d. If you post messages in violation of these Terms of Use, other than
as Otherwise, you agree to pay OLClassifieds.com's actual damages, to the extent
such |
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