|
Your use of IndieClassified.com is governed strictly and finally by these terms of use as well as our privacy policy and our posting policy (all three documents taken
together from now on referred to as the terms). Your acceptance and agreement to abide by the terms are taken as given if you view, post, reply or in any other manner
use the IndieClassiifed.com website. If you do not agree with any of the terms, do not use the website. Please review all three documents carefully.
IndieClassified may alter any of the terms as appropriate without notice to you. By using the site you agree to accept any such changes, updates, amendments or change of
rules as will be notified from time to time by IndieClassified posting updated terms. Usage of the IndieClassified site requires that you or any third party accept that
IndieClassified will not be liable for any alteration to or discontinuance of the website. Terms are deemed to be in effect from the moment that they are available to
you. You should check the terms from time to time for any updates.
Your date of birth is required to create an account. Without an account, you cannot participate actively on this website. We forbid those that claim to be under the age of
13 to participate on this website. Those that claim to be under 18 will not be allowed to post advertisements. Claiming a date of birth that is incorrect is fraud and
IndieClassified is not responsible for claims made by account holders.
IndieClassified reserves the right to alter or discontinue or enhance or add to its service, business model, functionality of site, presentation, usage, benefits as well
as, without limitation, the right to terminate your account without liability to you in any manner whatsoever and you therefore agree not to hold IndieClassified so
liable and agree not to attempt to create another account or further access the IndieClassified service.
This software is owned by IndieClassified Inc, based at 47 South Meridian Street, Suite 410, Indianapolis, Indiana 46204 and any references to IndieClassified are to be
taken as the same.
You agree not to engage in any damaging or disruptive activities, such as the use of Trojan horses, viruses, spiders, scripts, worms, sound waves, bots, time bombs,
scrolling, or any other device or software designed to cause disruption or destruction or interfere in any way with the correct functioning of IndieClassified.com.
You agree to refrain from any action that causes a disproportionate load on the site, with exceptions of search engines such as Google.com or Yahoo etc.
You agree to refrain from any attempt to copy any part of the site content or software, including refraining from attempts to decipher, reverse engineer, disassemble or
alter any meta data.
You agree to refrain from attempting to gain access to any non public area of the site. If for whatever reason you do have access to a non public area of the site you
are too immediately contact IndieClassified and surrender all information, passwords or any other pertinent information to an IndieClassiifed administrator.
You accept that refunds for paid postings will not be given.
You must accept that any advertisements you post immediately become public domain knowledge and therefore you should not post information which you wish to be kept
confidential. Such postings are deemed as public domain knowledge and therefore are deemed as non proprietary and non confidential to you. IndieClassiifed may use, edit,
reproduce, disclose, transmit, broadcast or publish, or alter such posting in any manner for any reason without permission or recourse or compensation to you.
IndieClassified artwork, logo, images or text or indeed all materials on the site without limitation are protected by copyright or trademarks or other proprietary rights
and may not be copied, distributed, altered, uploaded or reproduced in any way without permission from an authorized representative of IndieClassified. The artwork,
logos, images, text and materials of those who post on IndieClassified are owned by the posters and should be treated as equally protected.
You may not use copyrighted or protected material of others on IndieClassified without their express permission. If you believe your material is being unlawfully used on
any IndieClassified site please contact the site administrator who will, upon investigation and corroboration of such offense, remove the post.
IndieClassified is not responsible in any manner whatsoever for other websites that may be advertised on or linked from an IndieClassified website. Your use of such
websites is entirely at your own risk.
You are responsible for all postings made from your account and as the password holder except final responsibility for any post under your account.
IndieClassified does not review, pre-approve or control postings made by users and such postings and content is entirely and solely the responsibility of the originating
poster. IndieClassified has no responsibility to check the accuracy, truthfulness or content of any post and verifying any information required by yourself concerning a
post is entirely your own responsibility. Any interaction between yourself and other users of the site is entirely your own responsibility and IndieClassified will not
be liable for any service, product, content or interaction in any way or any harm or loss or distress that results from such service, product, content or interaction.
IndieClassified has the right to remove, edit or refuse any posting for any reason but is not obligated to do so.
IndieClassified is merely the medium of communication and as well as not being responsible for the content of posts, IndieClasified does not condone or endorse any
information or content provided by users.
IndieClassified is not obligated to intervene or become involved in disputes between yourself and other user/s or others as a result of use of our site.
Posting Policy
- This is a community monitored website, policed by its members.
- Posts that break this policy will be reported by the community members for deletion.
- Do not place unlawful posts. All posts must obey those laws applicable to the geographic area in which your post is viewed. Do not use this website to sell illegal
items or services. Do not place posts for any illegal activities in any way.
- Place posts in the correct category. - Misplaced posts will be deleted or moved.
- Do not place the same free post in multiple cities.
- Do not place multiple posts repeating the same information, i.e. spamming. Doing so will result in the deletion of your post. Multiple occurrences may result in the
deletion of your account.
- Do not reply to posts with unsolicited commercial information, chain letters or indeed anything other than a response to the specific post in a relevant manner. If
asked not to contact someone, do not do so.
- Do not place posts for pyramid selling schemes.
- Do not place posts which are not locally orientated or are otherwise irrelevant to the community.
- Do not place posts that are intrusive of others privacy or release information about an individual or information which could lead to their identification without
their explicit consent.
- Do not use profanity or description likely to cause offense.
- Do not place posts or reply to posts to harass, stalk, intimidate, degrade, threaten, abuse or express hate to any individual or group of individuals.
- Do not place libelous posts.
- Do not place posts that are dishonest, deceptive or used to lure into something else, i.e., bait and switch.
- Do not place posts that release information which others have proprietary or contractual rights without their explicit agreement. For example, company secrets,
trademarks, copyrighted material, patents etc.
- Do not place posts that discriminate on the grounds of race, religion, sex, handicap, colour, familial status, national origin or ethnic group or that violates any
applicable law as applied to the local geographical area in which your post is made.
- Do not place pornographic posts or posts that show sexual activity. Community members are expected to report these posts, however IndieClassified is the final judge
of what does or does not constitute sexual activity.
- Do not place posts that impersonate others, including but not limited to an IndieClassified employee or otherwise authorized representative.
- Do not place posts that falsely claim or misrepresents association with another group or individual.
- Do not post direct links to material with embedded code, virus or programs designed to alter, interrupt or damage in anyway software or hardware.
- Do not post material with embedded code, virus or programs designed to alter, interrupt or damage in anyway software or hardware.
- Do not post excessively in a manner designed to slow down, interrupt, deny service or in any other manner interfere with the smooth working of IndieClassified. For
example, denial of service attacks or flooding attacks.
- Do not reply to posts using an automated program or any other device in order to send replies in bulk or at intervals. All posts must be manually replied to
individually.
- Report any posts that do not follow this policy in order for IndieClassified software to remove the post.
- By using the IndieClassified software you expressly agree to this policy.
Fair Housing (applicable in the USA):
All real estate advertising is subject to Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended. Title VIII of the Civil Rights Act of 1968 (Fair
Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color,
national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing
custody of children under the age of 18), and handicap (disability). The Site will not knowingly accept any real estate advertising which is in violation of any
applicable law. Users are hereby informed that all dwellings advertised on the Site are available on an equal opportunity basis. To complain of discrimination call HUD
toll-free at 1-800-669-9777. The toll-free number for the hearing impaired is 1-800-927-9275.
Equal opportunity employment (applicable in the USA):
All employment advertising is subject to local, state, and federal equal opporturnity employment laws. Improper advertiesements include those that violate federal, state,
or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color,
religion, sex, national origin, age, or disability.
This also applies to advertiesements by employers that employ four or more employees, that violate the anti-discrimination provision of the Immigration and
Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order
to comply with law, regulation, executive order, or federal, state, or local government contract.
DISCLAIMER OF WARRANTIES FOR SITE:
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. INDIECLASSIFIED.COM SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THESE CLASSIFIEDS.
INDIECLASSIFIED.COM 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, TITLE AND NON-INFRINGEMENT. INDIECLASSIFIED.COM MAKES NO WARRANTY THAT ITS CLASSIFIEDS OR USE OF THE SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability:
The information, services and products available to you on this Site may contain errors and are subject to periods of interruption. IndieClassified.com cannot be held
responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Site.
IN NO EVENT SHALL INDIECLASSIFIED.COM OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY
"INDEMNIFIED PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES
WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO (i) THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THIS SITE, (ii) ANY INFORMATION, SERVICES OR
PRODUCTS PROVIDED THROUGH THIS SITE, OR (iii) ANY INTERACTION BETWEEN YOU AND OTHER PARTICIPANTS OF THE SITE, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS
TAKEN BY YOU OR BY ANY PERSON AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. BY USING THE SITE, YOU AGREE TO
DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE SITE OR PARTICIPATION IN ANY SITE'S ACTIVITIES.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE.
If you are a California resident, you waive any rights you may have under California Civil Code ? 1542, which states: "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."
Indemnity:
You agree to indemnify and hold harmless the Indemnified Parties from any claim or demand, including reasonable attorneys' fees, made by any third party due to or
arising out of your use of the Site, the violation of these Terms by you, or the infringement by you, or other users of the Site using your computer, of any intellectual
property or other right of any person or entity. IndieClassified.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you.
Jurisdiction and Choice of Law:
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Indiana, USA, outside of its choice of law rules, as it is applied
to agreements entered into and to be performed entirely within such State. Any action you or any third party may bring to enforce these Terms, or in connection with any
matters related to the Site, shall be brought only in either the state or Federal courts located in Indiana, and you expressly consent to the jurisdiction of said
courts. You also 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 Site or the Terms must
be filed within one (1) year after such claim or cause of action arose or be forever barred.
GENERAL:
These Terms constitute the entire agreement between you and IndieClassified.com and govern your use of the Site, superseding any prior agreements between you and
IndieClassified.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or visit another
site linked to by this Site. The section titles in these Terms are for convenience only and have no legal or contractual effect.
VIOLATIONS:
Please report any violations of these Terms to: CITY_CONTACT_EMAIL
SEVERANCE AND WAIVER:
You acknowledge and agree that if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable
from these Terms and shall not affect the validity and enforceability of any remaining provisions. You also acknowledge and agree that IndieClassified.com will fully
cooperate with any law enforcement authorities or court order requesting or directing us to disclose information or materials in our possession. Furthermore, if any
provision of these 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.
IndieClassified.com's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged
and agreed to by IndieClassified.com.
|
