| THIS AGREEMENT
"Agreement" is entered into by and between classifieds.uk.com and
any individual, corporation, association, agency, company, or
other entity who accesses or uses the classifieds.uk.com (the
"User" or "you").
The classifieds.uk.com, which is provided without charge except
where specified to
you, is a World Wide Web site on the Internet that is designed to
allow users to post classified ads and/or to view classifieds ads
posted by other users or interact with those users. The classifieds.uk.com is owned and operated by classifieds.uk.com.
The classifieds.uk.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 the classifieds.uk.com that can be modified by Users,
such as posting ads, uploading multimedia files, registering user
profiles, and creating Auto-Notify profiles ("Interactive Areas").
1. User Rights and
Responsibilities
1.1 Access to the
classifieds.uk.com.
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.uk.com 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.uk.com.
1.2 User Conduct.
You agree to access and use the classifieds.uk.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 the classifieds.uk.com,
including any Interactive Area, (ii) the use of any networks or
other services connected to the classifieds.uk.com, and (iii) the
communications means by which you connect your modem, computer, or
other equipment to the classifieds.uk.com. By accessing the
classifieds.uk.com, 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) 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.uk.com;
(6) disrupt the normal flow of communication in an
Interactive Area;
(7) 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;
(8) violate any operating rule, policy or guideline of your
Internet access provider or online service.
2. Intellectual Property
Rights
2.1
classifieds.uk.com content.
(a) You acknowledge that Content on the classifieds.uk.com is
generally provided by the classifieds.uk.com, individual
contributors of Content ("Contributors"), third party licensees,
and/or other Users. You acknowledge that the classifieds.uk.com
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.uk.com 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.uk.com" and its URL address. You acknowledge that the
classifieds.uk.com, 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 the
classifieds.uk.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 the classifieds.uk.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 the
classifieds.uk.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 the
classifieds.uk.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.
3. Interactive Areas
You acknowledge that the classifieds.uk.com may include various
interactive areas ("Interactive Areas"), including but not limited
to classified ads. These Interactive Areas allow feedback to the
classifieds.uk.com and real-time interaction between users. You
further understand that the classifieds.uk.com does not control
the messages, information, or files delivered to such Interactive
Areas and that the classifieds.uk.com may offer you and other
Users the capability of creating and managing an Interactive Area.
However, neither the classifieds.uk.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 the
classifieds.uk.com cannot, and does not intend to, screen
communications in advance. Moreover, because the
classifieds.uk.com encourages open and candid communication in the
Interactive Areas, the classifieds.uk.com cannot determine in
advance the accuracy or conformance to this Agreement of any
Content transmitted in an Interactive Area. The classifieds.uk.com
is not responsible for screening, policing, editing, reviewing or
monitoring any Content in an Interactive Area. Notwithstanding the
above, you agree that the classifieds.uk.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, the classifieds.uk.com
may investigate the allegation and determine in its sole
discretion whether to remove or request the User to remove such
Content. The classifieds.uk.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 classifieds.uk.com policy in effect at that time, (ii) be
harmful to the rights of any User, the classifieds.uk.com, or
other third parties, (iii) violate applicable law, or (iv) be
otherwise objectionable.
4. Termination
The only right with respect to dissatisfaction with any
policies, guidelines, or practices of the classifieds.uk.com in
operating the classifieds.uk.com, or any change in Content, is for
you to discontinue accessing the classifieds.uk.com. The
classifieds.uk.com may terminate or temporarily suspend your
access to all or any part of the classifieds.uk.com, without
notice, for conduct that the classifieds.uk.com believes is a
violation of this Agreement or any policies or guidelines posted
by the classifieds.uk.com, or for other conduct which the
classifieds.uk.com believes, in its sole discretion, is harmful to
the classifieds.uk.com or other Users. The classifieds.uk.com may
discontinue operating the classifieds.uk.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 the classifieds.uk.com, including the
Interactive Areas, and the restrictions imposed on you with
respect to Content downloaded from the classifieds.uk.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 the classifieds.uk.com, neither
the classifieds.uk.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 the classifieds.uk.com. All such Content, goods and
services are made accessible on the Internet by independent third
parties and are not part of the classifieds.uk.com or controlled
by the classifieds.uk.com. The classifieds.uk.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 the classifieds.uk.com,
which are the sole responsibility of such independent third
parties, and your use thereof is solely at your own risk. Neither
the classifieds.uk.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 the
classifieds.uk.com or your inability to access the Internet or any
site linked to or from the classifieds.uk.com.
5.2 Disclaimer of Warranties. Please use your best judgment in
evaluating all information contained or opinions expressed on the
classifieds.uk.com. It is the policy of the classifieds.uk.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 THE classifieds.uk.com IS AT YOUR
SOLE RISK. NEITHER THE classifieds.uk.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 THE classifieds.uk.com OR
ANY INTERNET SITE LINKED TO OR FROM THE classifieds.uk.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 THE classifieds.uk.com OR ANY
INTERNET SITE LINKED TO OR FROM THE classifieds.uk.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 THE classifieds.uk.com OR ANY SITE LINKED TO OR
FROM THE . THE classifieds.uk.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 THE
classifieds.uk.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, THE classifieds.uk.com, OR ANY INTERNET SITE LINKED TO
OR FROM THE classifieds.uk.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 THE classifieds.uk.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 THE classifieds.uk.com OR THE CONTENT CONTAINED
WITHIN ANY INTERNET SITE LINKED TO OR FROM THE classifieds.uk.com.
THE CONTENT WITHIN THE classifieds.uk.com AND THE CONTENT WITHIN
INTERNET SITES LINKED TO OR FROM THE classifieds.uk.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 THE
classifieds.uk.com AND SPECIFICALLY ARE INCLUDED IN THIS SECTION
AGREEMENT. THE classifieds.uk.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 THE
classifieds.uk.com IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE,
FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE
DISSATISFIED WITH ANY classifieds.uk.com SITE CONTENT, OR WITH THE
ACCESS AGREEMENT OF THE classifieds.uk.com, IN WHOLE OR IN PART,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
classifieds.uk.com.
6. Indemnity
You agree to indemnify and hold the classifieds.uk.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 the classifieds.uk.com or any
Internet site linked to or from the classifieds.uk.com, or in
connection with the transmission of any Content on the
classifieds.uk.com.
7. Miscellaneous
This Agreement comprises the entire agreement between the
classifieds.uk.com and you, and supersedes any prior agreements
with respect to the subject matter herein. The classifieds.uk.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 the
classifieds.uk.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 the
classifieds.uk.com. Your continued accessing and use of the
classifieds.uk.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 the classifieds.uk.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 the classifieds.uk.com, excluding its
conflict of laws rules, and you and the classifieds.uk.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 the classifieds.uk.com have been done strictly for
clarification and identification and does not constitute
endorsement by the classifieds.uk.com of the products, services or
information offered by the owner of such trademark, service mark
or link or endorsement of the classifieds.uk.com by such
trademark, service mark or link owner. |