|
Classifieds Agreement
Please
read this Agreement carefully before accessing the Classifieds. As a condition
to
and
in consideration of receiving and accessing the Classifieds, the User agrees to
be
bound
by the terms of this Agreement. Use of or access to the Classifieds and or
clicking
the
“I Agree” button 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
If
you have any questions about this Agreement, please contact us via e-mail at support@catt.com
THIS AGREEMENT "Agreement" is
entered into by and between Post It!, herein after referred to as
“Company” or “Classifieds” and any
individual, corporation, association, agency, company, or other entity
who accesses or uses the Classifieds
(the "User", “Your” or "you").
Company reserves the right to revise or
amend this Agreement at any time and without prior notice. Your
continued use of this site following
the posting of any changes to the Agreement constitutes acceptance of
such changes. 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. Your continued accessing
and use of the Classifieds following
notice of any such revision shall conclusively be deemed acceptance of
all such revisions. The provisions of
Sections 1.2, 2.1, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or
expiration of this Agreement. The Company
reserves the right to terminate a Your
use of this site at any
time without notice and may do so for
any breach of this Agreement or the instructions on this site by User.
This Agreement applies to licensors,
affiliates and advertisers as well.
Company reserves the right to review,
refuse and or remove any ad that may be considered, in the sole
discretion of the company, as
inappropriate, offensive or otherwise objectionable.
The Classifieds is an Internet based
service that is designed to allow users to post ads and/or to view ads
posted by other users and interact with
those users. The Classifieds is owned and operated by RTC Internet.
The Classifieds 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 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.
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 website and you are responsible for all
Internet access charges, telephone
charges or other fees or charges incurred in connecting to the Internet
and accessing the Classifieds.
1.2 User Conduct.
You agree to access and use the
Classifieds 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, including any
Interactive Area, (ii) the use of any networks or other services connected to
the Classifieds, and (iii) the
communications means by which you connect your modem, computer, or other
equipment to the Classifieds. By
accessing the Classifieds, you agree that you will not:
(1) restrict or inhibit any other user
from using and enjoying any Interactive Features of the Classifieds;
(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.
(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;
(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.
(9) Company reserves the right to
review, refuse and or remove any ad that at the sole discretion of the
Company is harmful to the Company, its
affiliates, subsidiaries, customers or other Users or considered
objectionable or offensive.
2. Intellectual Property Rights
2.1 Classifieds content.
(a)
You acknowledge that Content on the Classifieds is generally provided by the
Classifieds, individual
contributors
of Content ("Contributors"), third party licensees, and/or other
Users. You acknowledge that
the
Classifieds 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 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" and its URL address.
You acknowledge that the
Classifieds,
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.
3. Interactive Areas
You acknowledge that the Classifieds
may include various interactive areas ("Interactive Areas"),
including
but not limited to ads. These
Interactive Areas allow feedback to the Classifieds and interaction between
users. You further understand that the
Classifieds does not control the messages, information, or files
delivered to such Interactive Areas and
that the Classifieds may offer you and other Users the capability of
creating and managing an Interactive
Area. Neither the Classifieds, 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 cannot, and does not intend to, screen
communications in advance. Moreover,
because the Classifieds encourages open and candid
communication in the Interactive Areas,
the Classifieds cannot determine in advance the accuracy or
conformance to this Agreement of any
Content transmitted in an Interactive Area. The Classifieds is not
responsible for screening, policing,
editing, reviewing or monitoring any Content in an Interactive Area.
Notwithstanding the above, you agree that
the Classifieds 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 may investigate the allegation and
determine in its sole discretion
whether to remove or request the User to remove such Content. The
Classifieds 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 policy
in effect at that time, (ii) be harmful
to the rights of any User, the Classifieds, 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 Company in
operating the Classifieds, or any
change in Content, is for you to discontinue accessing the Classifieds. The
Company may terminate or temporarily
suspend your access to all or any part of the Classifieds, without
notice, for conduct that the Company
believes is a violation of this Agreement, any local, state or federal
law or regulation, ,any policies or
guidelines posted by the Classifieds, or for other conduct which the
Company believes, in its sole
discretion, is harmful to the Classifieds or other Users. The Classifieds may
discontinue operating the Classifieds
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, including the Interactive
Areas, and the restrictions imposed on you with respect to Content
downloaded from the Classifieds, as
well as the disclaimers and limitations of liabilities set forth in this
agreement, shall survive.
5. Links; Disclaimers Of Warranties;
Limitations of Liability
Links.
The Company, 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. All such Content, goods and services are
made accessible on the Internet by
independent third parties and are not part of the Classifieds or controlled
by the Classifieds. The Classifieds
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, which are the sole
responsibility of such independent third parties, and your use thereof is
solely at your own risk. Neither the
Classifieds, 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
www.postit.catt.com any site linked to or from the Classifieds or
your inability to access the Internet
or any site linked to or from the Classifieds.
5.2 Disclaimer of Warranties.
It is your responsibility to use your
own judgment in evaluating all
information contained or opinions
expressed on the Classifieds. It is the
policy of the Classifieds 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 IS AT YOUR SOLE RISK. NEITHER
THE COMPANY NOR ANY OF ITS
SUBSIDIARIES, 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 OR ANY INTERNET SITE
LINKED TO OR FROM THE Classifieds 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 OR ANY INTERNET
SITE LINKED TO OR FROM THE Classifieds
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 OR ANY SITE LINKED TO OR FROM
THE Classifieds. THE Classifieds 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 COMPANY, 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,
OR
ANY INTERNET SITE LINKED TO OR FROM THE Classifieds, 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
COMPANY, 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 OR THE CONTENT CONTAINED WITHIN ANY
INTERNET SITE LINKED TO OR FROM THE
Classifieds. THE CONTENT WITHIN THE Classifieds
AND THE CONTENT WITHIN INTERNET SITES
LINKED TO OR FROM THE Classifieds 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 AND SPECIFICALLY ARE INCLUDED
IN THIS SECTION AGREEMENT. THE
Classifieds 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 IS NOT LIABLE FOR
ANY DEFAMATORY, OFFENSIVE, FRAUDULENT,
OR OTHERWISE ILLEGAL CONDUCT OF
ANY USER. IF YOU ARE DISSATISFIED WITH
ANY CLASSIFIEDS SITE CONTENT, OR WITH
THE ACCESS AGREEMENT OF THE CLASSIFIEDS,
IN WHOLE OR IN PART, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE CLASSIFIEDS.
6. Indemnity
You agree to indemnify and hold the
Company, 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 or any
Internet site linked to or from the Classifieds, or in connection with the
transmission of any Content on the
Classifieds.
7. Miscellaneous
This Agreement comprises the entire
agreement between the Company and you, and supersedes any prior
agreements with respect to the subject
matter herein. The Company 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.. 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 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 Georgia and you submit to the exclusive jurisdiction of the courts
of the state of Georgia.
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 have been done strictly for clarification and
identification and does not constitute
endorsement by the Classifieds of the products, services or
information offered by the owner of
such trademark, service mark or link or endorsement of the Classifieds
by such trademark, service mark or link owner.
|