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THE FOLLOWING DESCRIBES THE TERMS ON WHICH TheFreeAd.com OFFERS YOU ACCESS TO OUR WEB
SITE AND SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY. BY USING OUR WEB SITE
AND SERVICES, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS.
USER AGREEMENT
When accessing the pages or the information contained on the TheFreeAd web site,
http://www.TheFreeAd.com ("the Site", "our Site", �we�, �our�, or �us�), or by
using the services provided by TheFreeAd, which include electronic classifieds,
current news/events, ad subscriptions, emails (referred to as �Services�) in
any manner, you (hereinafter �you�, or �your�, or �user(s)�) are agreeing to
comply with the User Agreement (�Terms�).
Users are responsible for all aspects of the services in which users choose to
participate. All services conducted by you on TheFreeAd must be consistent with
any applicable legal rules and with the Terms. TheFreeAd reserves the right to modify
the Terms at any time and without prior notice to its user. You understand and
agree that you are responsible for any applicable taxes and for any costs that
are incurred in using Services provided by TheFreeAd.
The Services are available to users who can perform legally binding contracts
under applicable law. By using the Services, you agree to provide true and
accurate information about yourself. The Services are not available to minor
(persons under the age of 18) unless their use of our Services is in
conjunction with and under the supervision of a parent or legal guardian. If
you do not qualify, please do not use our Services.
TheFreeAd may, under certain circumstances and without prior notice, immediately
terminate your use, and your access to our Services. Cause for termination
shall include, but not be limited to, (a) breach of any Terms or other
guidelines or rules incorporated herein, (b) request by law enforcement or
other government agencies, (c) request by you, (d) discontinuance or material
modification to our Services (or any part thereof), and (e) unexpected
technical, security, maintenance issues or problems.
You agree that any termination shall be at TheFreeAd's sole discretion, and that TheFreeAd
shall not be liable to you or any third-party for any termination of your use
or your use our Services. TheFreeAd will cooperate with any investigation by any
Federal, State, or local body or any court exercising their rights. Such
cooperation may be without notice to you.
If TheFreeAd, in its sole discretion, believes that any services used may create
liability for TheFreeAd, TheFreeAd may take any actions that it believes are prudent or
necessary to minimize or eliminate its potential liability, including but not
limited to, the release of user information. In sum, TheFreeAd reserves the right to
refuse service to anyone at any time, and to remove any listings, postings,
messages, or any advertisements for any reason, and without any notice.
Should you object to any condition of the Terms or any modifications of the
Terms or become dissatisfied with TheFreeAd in any way, the only recourse you have is
by discontinuing the use of the Services immediately.
1. CONTENT
You are entirely responsible for your ads, text, files, photos, images, or
other information ("Content") posted on the site. All content posted on the
site are the responsibility of the user from whom such Content originated.
TheFreeAd cannot and does not control the behavior of the users on this site and is
not responsible for any Content available through the Service. TheFreeAd cannot
control whether or not users of our Services will complete any transactions
they describe on our site. IT IS EXTREMELY IMPORTANT THAT YOU USE CARE
THROUGHOUT YOUR DEALINGS WITH OTHER USERS ON THIS SITE! There are risks which
you assume when dealing with users who might be acting under false pretenses;
all of these risks are borne by you.
By using the Service, you may be exposed to Content that is inaccurate, false,
misleading, inappropriate, obscene, indecent, or otherwise objectionable. TheFreeAd
shall have the right (but not the obligation) in its sole discretion to refuse,
delete or move any Content that is available via the Service, for violating the
Terms or for any other reasons.
TheFreeAd may employ automated filters and/or manual reviews to screen any Content,
either before being posted on the Site or at any time thereafter. In the event
that TheFreeAd, in its sole discretion, determines that the Content violates the
Terms or the Content is otherwise objectionable, TheFreeAd may refuse to post such
ad, or may remove such ad from the Site. TheFreeAd is not liable in any way for any
loss, intentional or unintentional removal, of any Content posted by you.
Certain content available through TheFreeAd may contain link to other website which
are independent of TheFreeAd . It is your responsibilities to evaluate all the
information contained in such site and your bear all risks associated with such
site.
TheFreeAd may, in its sole discretion, disclose any information such as email
addresses, IP addresses of the user to any third party or government agency
required under law, which requires this information for investigative purposes,
or to ensure the safety of this Service or the community at large.
By using TheFreeAd�s Services, you also agree not to list or the sale of the
following goods for any reason, including but not limited to any item that is
illegal to sell under any applicable law, statute, ordinance or regulation. It
is your responsibility to list or sell only legal goods and services and you
must make sure that what you list for sale on the Site is legal and conforms to
all the legal requirements of your local, state, provincial, federal or foreign
law and regulations.
Items prohibited or restricted for posting on TheFreeAd include but are not limited
to the following:
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Food (other than packaged food meeting all applicable federal state and local
standards for sale to consumers by commercial merchants)
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Alcoholic beverages
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Cigarettes or any other tobacco product for human consumption
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Pharmaceuticals or any other controlled substance, prescription/OTC drugs,
illegal drugs, medical devices
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The sale or distribution of dangerous good, i.e. firearms, weapons or
ammunition, fireworks, explosives or hazardous materials
-
Goods made from protected animal/plant species
-
Pesticides, fertilizers, plants, seeds, and other plant materials
-
Counterfeit, knock-off, or replica goods (including currency & stamps)
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Stolen property or items used for theft, lock-picking devices, equipment used
for hacking, surveillance, interception, descrambling, etc.
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Human parts, bodily fluids or human remains
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Goods which do not actually exist
-
Item that has been the subject of a product recall by the U.S. Consumer Product
Safety Commission, other government agency, or product manufacturer.
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Goods that infringes or violates anyone's rights, or subject to embargo
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Government IDs and licenses, police-related items
-
Academic, beta, or OEM software
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Gambling items
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Make-money fast schemes, pyramid or chain letters, fraudulent or criminal
offers including but not limited to registering another email address other
than Your own
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Item which in TheFreeAd's sole discretion, is promoting hatred, violence, racism,
inflammatory, offensive or otherwise inconsistent with TheFreeAd standards of
business ethics.
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Item or service that violates any applicable federal, state, or local law or
regulation or which TheFreeAd determines, in its sole discretion, is inappropriate
for sale, trade or adoption through the services provided by TheFreeAd.
2. PERMISSION TO USE YOUR CONTENT
By transmitting any suggestions, information, identification, material, or
other content (collectively, "content") to TheFreeAd, you automatically grant TheFreeAd the
royalty-free, perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, redistribute, transmit, perform and display such content (in whole
or 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 rights that
may exist in such content.
Further, TheFreeAd is free to use any ideas, concepts, know-how, techniques, and
suggestions contained in any communications you send to the site for any
purpose whatsoever, including but not limited to creating, manufacturing, and
marketing products and/or services using such information.
3. USER CONDUCT
TheFreeAd put the Service in good faith and please use it in good faith. Please be
respectful to other users, webmasters and the system.
By using the Services, you also agree not to post, transmit, distribute, email,
or otherwise make available the following Content but not limited to:
-
Transmission, distribution or storage of material or conduct in violation of
any applicable local, state, federal or foreign law or regulation
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Any unauthorized use of material protected by patent, copyright, trade secret,
trademark or other intellectual property right, material that is defamatory,
constitutes a threat, or violates rights of privacy or publicity, or violates
export control laws.
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Any offensive Content on the Site or post any links or URL's (web addresses) to
sites containing offensive content. Offensive content includes, without
limitation, words, images, sounds, data or other content which:
(i) Might be considered by a reasonable user to be profane or obscene
(ii) involves child pornography;
(iii) denigrates a class of people because of their race, religion, country of
origin, sexual orientation or gender;
(iii) depicts violent or criminal acts, perpetrators or victims of violence or
crime, or seeks to incite violence or crime;
(iv) Relates or pertains to any "hate group," i.e., groups that are organized
in part to promote the oppression of or assert the supremacy of any class of
people; or
(v) Contains defamatory or libelous statements or unlawfully disparaging
remarks or threats.
d) Any posting with the goal of harassment of another, sexual requests from or
for a minor, placing a fraudulent ad, unsolicited advertising (whether
commercial or informational) and unsolicited email or advertisements,
e) That has adult content either textual or graphical or links to adult sites
that contain sexually explicit banners or advertisements.
f) Any posting include without limitation, profane or sexually explicit
advertisements that include masking or misspelling the words, or images that
would be illegal in any jurisdiction.
g) That contains malicious computer code or software viruses, files or programs
designed to damage, interrupt, destroy, weaken, or limit the functionality of
the Service or any computer software or hardware or web sites.
h) That discloses personal or private information concerning any person or
entity, including without limitation, the phone number(s) or addresses, social
security numbers, bank accounts or credit debit cards, or any other similar
financial information.
i) Misleading offers that do not list the total purchase price or a "bait &
switch" of products, advertisements listed in the incorrect category, telephone
numbers listed in the personals or any sub-category of personals, duplicate
listings that contain more than 60% of the same characters, regardless of
category, U.R.L. (Universal Resource Locator) or hyperlinks within an
advertisement (except where allowed) or image.
j) All forms of SPAM, and all activities that have the effect of facilitating
SPAM, are strictly prohibited.
k) The use of another Internet service to send or post SPAM to drive visitors
to Your site hosted on or through TheFreeAd systems, whether or not the messages were
originated by You, under Your direction, or by or under the direction of a
related or unrelated third party.
l) publishing the use of �spoofed� emails and fraudulent websites designed to
fool users into divulging personal information such as debit credit card
numbers, account usernames and passwords, etc.
4. SPAM
TheFreeAd encourages you to list postings in our site as long as they are not
duplicates or other forms of SPAM, or otherwise inconsistent with the Terms.
TheFreeAd may take corrective action, at our discretion, when prohibited activities
or other misuses of the service become apparent.
All forms of SPAM, and all activities that have the effect of facilitating
SPAM, are strictly prohibited. Prohibited spam or otherwise impermissible
marketing activities in TheFreeAd may include, but are not limited to, the following:
-
Any content that is unrelated to the category in which the listing is placed
-
Posting identical content in the same category and location
-
Postings for the sole purpose of collecting user information
-
Content that contains unsolicited or unauthorized advertising or promotional
materials, which may include instructing user(s) to contact the person/company
posting the content for more information and then require the user(s) to pay a
fee for that information
-
Postings that require a monetary investment by the user(s) at any time
-
Soliciting TheFreeAd user(s) to post content in another sites
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Postings that require user(s) to register before getting detailed information
about any product, service, or position.
-
Post content through unauthorized robots (crawling software)
5. INDEMNITY
If there is a dispute between users on this site, TheFreeAd is under no obligation to
become involved. In the event that you have a dispute with one or more users,
you hereby agree to indemnify, to defend, and hold harmless, TheFreeAd, its
directors, officers, subsidiaries, employees, service providers, suppliers,
agents and successors in rights from any claims, attorney fees, 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
relation to the Content available through the Service, or your use of the
Service. Your interaction with any User, individual, or organization that you
came to be in touch with through this site or any other sites posted on TheFreeAd is
fully your responsibility and will not hold TheFreeAd liable for any loss or damage
that you may have sustained.
6. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS
PROVIDED ON AN AS IS AND ON AN AS AVAILABLE BASIS. TheFreeAd EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. TheFreeAd MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S
REQUIREMENTS, THAT THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR
FREE; NOR DOES TheFreeAd MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED FROM THE SERVICE. USER UNDERSTANDS AND AGREES THAT ANY
INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH THE SERVICE
IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY
RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM TheFreeAd OR THROUGH OR
FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. TO THE
FULLEST EXTENT PERMITTED BY LAW, TheFreeAd DISCLAIMS ANY WARRANTIES FOR VIRUSES OR
OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE TheFreeAd SITE OR THE SERVICE.
7. LIMITATIONS OF LIABILITY
USER AGREES THAT NEITHER TheFreeAd NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE
OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR
ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE THROUGH OR ADVERTISED IN
CONNECTION WITH THE TheFreeAd SITE OR ANY LINKS ON THE TheFreeAd SITE, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF
TheFreeAd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES
THAT TheFreeAd SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM MODIFICATION,
INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES,
WHETHER SUCH MODIFICATION, INTERRUPTION, SUSPENSION OR TERMINATION WAS
JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER
AGREES THAT TheFreeAd SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE
STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE. THESE LIMITATIONS
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. APPLICABLE LAW MAY NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT
SHALL TheFreeAd TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR
OTHERWISE EXCEED FIVE DOLLARS ($5.00).
8. LIMITATIONS AND TERMINATION OF SERVICE
You agree that in TheFreeAd may establish any limits in regards to the use of our
services. Such limitations may be the number of days that content will be
retained by in TheFreeAd, the frequency of access and usage of our services, the
maximum number and size of listings, or any other content that may be
transmitted or stored through in TheFreeAd. You agree that in TheFreeAd has no
responsibility or liability for the deletion or failure to store any content
maintained or transmitted through in TheFreeAd. You agree that in TheFreeAd reserves the
right to modify or discontinue our services or any part of our services, at any
time with or without notice. You further agree that in TheFreeAd has the right to
delete or deactivate your content, block your email or IP address, or otherwise
terminate your access to or use of in TheFreeAd without notice, for any reason, if in
TheFreeAd believes that you have acted inconsistently with the Terms, or for any
other reason deemed reasonable by TheFreeAd. Further, you agree that TheFreeAd shall not be
liable to you or any third-party for any termination of your access to the
Service.
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