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Terms of Use
1. Acceptance of Terms of Use and Amendments.
Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference. The Terms of Use, herein, do not apply to use of partnered websites which are hosted on this site, such as Stores in our Shopping Mall and the Job Search Engine, which are operated by companies which have their own Terms of Use. Likewise, you may reach the website of one of our advertisers, through your use of this website and these terms do not apply to their business or website. We accept no liability for partnered or advertised websites.
2. Our Service.
Our web site and services provided to you on and through our web site on an "AS IS" basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify this web site and its services or delete the data you provide, whether temporarily or permanently
if unpaid or deemed unacceptable.
Our liability is limited to fees paid or
replacement in kind, in accordance with services offered on a prorated basis. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information, if caused by server or other technical issues. We will take reasonable care and caution to provide the technical services necessary to maintain the website.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />
3. Classified Ad Placement
Classified ads are placed by the USER. The User can edit content or photos as
often as desired at no additional cost. Advertising costs are paid in advance of
the ad placement and will be automatically removed at the end of the agreed upon
term. Ads which are renewed are subject to current fees. Fees may be amended
from time to time by the webmaster and the fee that applies to your advertising
is the fee posted at the time of placement or at the time of renewal (which ever
applies). No reimbursements will be made for ads that are deleted by the user
prior to the completion of the time selected at the time of posting the ad. Ad
content that is objectionable under Section 8 of this Terms of Use will be
removed without recourse.
4. Banner Ad Placement Banner Ad
placement is based on page position and the position of the page in the website
hierarchy. Advertisers must confirm placement availability and confirm their
agreement to position and choice of page hierarchy and category prior to making
payment. Advertisers will be required to sign and fax back an Insertion
Agreement which spells out the page category and place in the website hierarchy.
Ads will remain on the site for the duration of paid advertising. The webmaster
will remove ads at the end of the advertising term if payment for renewal is not
negotiated and paid. The webmaster will provide the best possible available
placement, based on knowledge of page traffic. The webmaster reserves the right
to move ads on Article Pages to a page receiving a higher number of page views
when it is deemed to be in the best interests of the advertiser. Ads placed on
Home Page, or Indexing Pages will not be moved during the duration of the ad
term. Section 2 paragraph 2 applies to Banner Ads.
Ads will be posted within 48 hours (during the
work week) or 72 hours (weekends) of receipt of both payment and ad copy. Ad
copy not meeting the specifications required will be returned for revisions by
your graphic designer. Ads will be hyperlinked to your website page of choice.
Additional fees may be applied if this requires changing during duration of your
contract. Final placement decisions are made by the webmaster based on highest
page traffic and fit to page content. The webmaster reserves the right to
decline advertising that is miscategorized or inappropriate. Advertisers will
purchase in modules of 160 x 360 pixels. An advertiser may choose 160 x 720
pixels by paying for two ads on the same page.
Google Adsense or similar ads may also appear on
the site. These ads will always receive a lower placement, than banner ads, based on page traffic
and/or page position. Google Adsense (or equivalent ads) will not
appear in the same column above banner ads, or at equal or higher hierarchy in a
parallel column.
5. Your Responsibilities and Registration Obligations.
In order to use this web site, you must register on our site, agree to provide truthful information when requested, and be at least the age of thirteen (13) or older. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.
6. Privacy Policy.
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.
7. Registration and Password.
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
8. Your Conduct.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that
you may find objectionable or offensive. We make every effort to monitor
content, and recommend users report any inappropriate content. We do not
accept advertising of alcohol, cigarettes, sexual products or services. The
content of the website will be appropriate for all ages, any sexually explicit,
or other information deemed inappropriate by the webmaster will be removed
without compensation to the user, or advertiser. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may
constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
9. Submission of Content on this Web Site.
By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
10. Third Party Services.
Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
11. Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.
12. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
13. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
14. Reservation of Rights.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
15. Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address:
Click to contact our webmaster
16. Applicable Law.
You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.
No part of the information in articles or
advertising in this website are to be applied unilaterally without professional
advice of your doctor, or financial advisor, or other professionals who have an
understanding of your personal needs and situation. Each person's circumstances
may contribute to unique needs and the writers of content on this site offer
information that may or may not be applicable to all readers and/or may or may
not be the opinion or recommendations of the owners of the site. In many
instances it is an open forum of information which is subject to evaluation by
the reader. Information provided is NOT a substitute for medical care or advice
or financial advice by you own advisors. Readers accept responsibility for their
own actions and the owners of this website accept no liability for their
decisions.
16. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.
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