Classifieds Network Access Agreement
Please read this Agreement carefully before accessing the Classifieds Network. As a condition to and in consideration of receiving and accessing the Classifieds Network, the User agrees to be bound by the terms of this Agreement. Use of or access to the Classifieds Network 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 THE CLASSIFIEDS NETWORK. If you have any questions about this Agreement, please contact us.
Classifieds Network Access Agreement
THIS AGREEMENT "Agreement" is entered into by and between The Classifieds Network and any individual, corporation, association, agency, company, or other entity who accesses or uses the Classifieds Network (the "User" or "you").
The Classifieds Network, which is provided without charge to you, is a World Wide Web site on the Internet that is designed to allow members to easily create their own classified ads section using simple online forms. The Classifieds Network is owned and operated by Hagen Communications. The Classifieds Network 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 the Classifieds Network that can be modified by Users, such as discussion forums, chat rooms, message boards, guestbooks, user-created home pages, and classified ads ("Interactive Areas").
1. User Rights and Responsibilities
1.1 Access to the Classifieds Network.
You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access the Classifieds Network and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing the Classifieds Network.
1.2 User Conduct.
You agree to access and use the Classifieds Network 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 the Classifieds Network, including any Interactive Area, (ii) the use of any networks or other services connected to the Classifieds Network, and (iii) the communications means by which you connect your modem, computer, or other equipment to the Classifieds Network. By accessing the Classifieds Network, you agree that you will not:
(1) restrict or inhibit any other user from using and enjoying the Interactive Features;
(2) 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;
(3) 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.
(4) post or transmit any information, software or other material which contains a virus or other harmful component;
(5) post or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, with the exception that the Free Home Pages and the Classified Ads may, within the sole discretion of the Classifieds Network, be used for commercial purposes or advertising;
(6) 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 the Classifieds Network;
(7) disrupt the normal flow of communication in a chat room, bulletin board, or other Interactive Area;
(8) 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;
(9) violate any operating rule, policy or guideline of your Internet access provider or online service.
2. Intellectual Property Rights
2.1 Classifieds Network content.
(a) You acknowledge that Content on the Classifieds Network is generally provided by the Classifieds Network, individual contributors of Content ("Contributors"), third party licensees, and/or other Users. You acknowledge that the Classifieds Network 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 the Classifieds Network 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 "The Classifieds Network" and its URL address. You acknowledge that the Classifieds Network, 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.
(c) Express written consent is hereby granted for users to download and freely distribute the Classifieds Network buttons, provided that these graphics are used to provide a hypertext link back to the Classifieds Network, are not used in any negative or disparaging way toward the Classifieds Network, and further provided that the Classifieds Network shall maintain ownership of and all copyright protections for these items.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through the Classifieds Network 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 the Classifieds Network, 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 the Classifieds Network 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 the Classifieds Network 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.
3. Interactive Areas
You acknowledge that the Classifieds Network may include various interactive areas ("Interactive Areas"), including but not limited to bulletin boards, chat rooms, user-created home pages, classified ads, and a guestbook. These Interactive Areas allow feedback to the Classifieds Network and real-time interaction between users. You further understand that the Classifieds Network does not control the messages, information, or files delivered to such Interactive Areas and that the Classifieds Network may offer you and other Users the capability of creating and managing an Interactive Area. However, neither the Classifieds Network, 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 the Classifieds Network cannot, and does not intend to, screen communications in advance. Moreover, because the Classifieds Network encourages open and candid communication in the Interactive Areas, the Classifieds Network cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. The Classifieds Network is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that the Classifieds Network 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, the Classifieds Network may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. The Classifieds Network 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 Classifieds Network policy in effect at that time, (ii) be harmful to any User's, the Classifieds Network's, or other third parties' rights, (iii) violate applicable law, or (iv) be otherwise objectionable.
The only right with respect to dissatisfaction with any policies, guidelines, or practices of the Classifieds Network in operating the Classifieds Network, or any change in Content, is for you to discontinue accessing the Classifieds Network. The Classifieds Network may terminate or temporarily suspend your access to all or any part of the Classifieds Network, without notice, for conduct that the Classifieds Network believes is a violation of this Agreement or any policies or guidelines posted by the Classifieds Network, or for other conduct which the Classifieds Network believes, in its sole discretion, is harmful to the Classifieds Network or other Users. The Classifieds Network may discontinue operating the Classifieds Network 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 the Classifieds Network, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from the Classifieds Network, 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 the Classifieds Network's Web site, neither the Classifieds Network, 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 the Classifieds Network. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of the Classifieds Network or controlled by the Classifieds Network. The Classifieds Network 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 the Classifieds Network, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither the Classifieds Network, 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 the Classifieds Network or your inability to access the Internet or any site linked to or from the Classifieds Network.
5.2 Disclaimer of Warranties. Please use your best judgment in evaluating all information contained or opinions expressed on the Classifieds Network. It is the Classifieds Network's policy 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 THE CLASSIFIEDS NETWORK IS AT YOUR SOLE RISK. NEITHER THE CLASSIFIEDS NETWORK 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 THE CLASSIFIEDS NETWORK OR ANY INTERNET SITE LINKED TO OR FROM THE CLASSIFIEDS NETWORK 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 THE CLASSIFIEDS NETWORK OR ANY INTERNET SITE LINKED TO OR FROM THE CLASSIFIEDS NETWORK OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE CLASSIFIEDS NETWORK OR ANY SITE LINKED TO OR FROM THE CLASSIFIEDS NETWORK. THE CLASSIFIEDS NETWORK 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 THE CLASSIFIEDS NETWORK, 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, THE CLASSIFIEDS NETWORK, OR ANY INTERNET SITE LINKED TO OR FROM THE CLASSIFIEDS NETWORK, 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 THE CLASSIFIEDS NETWORK, 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 THE CLASSIFIEDS NETWORK OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM THE CLASSIFIEDS NETWORK. THE CONTENT WITHIN THE CLASSIFIEDS NETWORK AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM THE CLASSIFIEDS NETWORK 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 THE CLASSIFIEDS NETWORK AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. THE CLASSIFIEDS NETWORK 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 THE CLASSIFIEDS NETWORK IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY CLASSIFIEDS NETWORK CONTENT, OR WITH THE CLASSIFIEDS NETWORK'S ACCESS AGREEMENT, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CLASSIFIEDS NETWORK.
You agree to indemnify and hold the Classifieds Network, Hagen Communications, 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 the Classifieds Network or any Internet site linked to or from the Classifieds Network, or in connection with the transmission of any Content on the Classifieds Network.
This Agreement comprises the entire agreement between the Classifieds Network and you, and supersedes any prior agreements with respect to the subject matter herein. The Classifieds Network 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 the Classifieds Network. 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 the Classifieds Network. Your continued accessing and use of the Classifieds Network 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 Classifieds Network's failure 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 Commonwealth of Virginia, excluding its conflict of laws rules, and you and the Classifieds Network each submit to the exclusive jurisdiction of the courts of the Commonwealth of Virginia. 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 the Classifieds Network have been done strictly for clarification and identification and does not constitute endorsement by the Classifieds Network of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of the Classifieds Network by such trademark, service mark or link owner.
8. Children Under the Age of 13
As a result of the new Children's Online Privacy Protection Act (COPPA) in the United States, we are required to prohibit children under 13 who reside in the U.S. from posting ads or using any of the other features of our site that require them to submit information via forms. This is due to the onerous reporting and verification requirements that this new law places on web sites that allow children under 13 to submit information via forms. Since we do not have the large, dedicated staff that would be necessary to comply with these requirements, our only option in order to remain in compliance with the law is to prohibit all children under 13 who reside in the U.S. from posting any information via forms on our web site. Therefore, children under 13 should not submit any information via forms on our web site, and if you submit such information, you warrant that you are over the age of 13 and not subject to COPPA.