Terms and Conditions
A. ALL USERS
SPASSIFIEDS.COM, INC. (“Spassifieds”) hereby provides access to the information, materials and services of this website and other sites accessed through this site (hereinafter collectively referred to as “Content”), subject to the terms and conditions herein. You are permitted to access and use this site subject to your agreement to and compliance with the terms hereof.
2. Proprietary Rights
2.1 The Content of this site, including, but not limited to, the text, graphics, logos and images, is the exclusive property of and proprietary to Spassifieds and applicable third parties who have granted Spassifieds the right and/or license to use such and is protected by United States and international laws.
2.2 SPASSIFIEDS.COM, SPASSIFIEDS and all applicable marks/logos are trademarks and/or service marks of Spassifieds.
2.3 spassifieds.com, spassifieds.net, and spassifieds.org are registered internet domains of Spassifieds.
2.4 All names, products and services (other than those of Spassifieds) mentioned herein are trademarks/service marks/domains (registered or otherwise) of applicable third parties who have granted Spassifieds the right or license to use such.
2.5 Except as expressly permitted under United States and international copyright, trademark and other intellectual property law or by the express terms of this site, you are not permitted to copy, transmit, publish, reproduce, redistribute, modify, sell, create derivative works or publicly display, perform or distribute or otherwise use the Content of this site in any way for any public or commercial purposes without prior written authorization of Spassifieds or other applicable intellectual property right owners. .
2.6 In the event you believe that any Content or activities on this site infringe your intellectual property rights, please immediately notify Spassifieds in writing of such with proper identification and supporting materials in accordance with the procedures set forth in the Spassifieds Compliance Notice and/or Policy Regarding Copyright Infringement.
3. Conditions Of Access/Use
3.1 As a condition of your access and use of this site, you will not access and use this site for any unlawful purpose.
3.2 You agree to abide by all applicable federal, state, local and international laws, regulations and rules, including, without limitation, tax laws, customs duties, and import/export controls, and you agree that you are solely responsible for all acts or omissions associated with your access and use of this site.
3.3 You agree to comply with all applicable laws regarding export or import to the United States and/or the country in which you reside.
3.4 You agree to abide by all the proprietary notices contained in this site.
4. Dealings Through This Site
4.1 Third party sites linked to Spassifieds’s site and advertisers are not associated/affiliated with SPASSIFIEDS and are not within Spassifieds’s control. Spassifieds assumes no obligation or liability whatsoever for the acts or omissions of any advertisers or third party sites linked to Spassifieds’s site.
4.2 Any dealings with parties other than Spassifieds are exclusively between you and such parties. Spassifieds shall not be responsible or liable for any part of any such dealings, including, without limitation, terms and conditions, warranties or representations associated therewith.
4.3 Spassifieds is not and shall not be a party to any disputes between users of this site, registered or otherwise. You agree to resolve all such disputes without involving Spassifieds.
5.1 Any software downloaded from this site is subject to applicable license terms for the use of the software.
5.2 Some software downloaded from this site may be subject to government control or other restrictions.
6. Service/Product Availability
This site may contain references to products and services that are not announced or available to you. You should consult the business representatives of any offering party for information regarding the products or services that may be available to you.
If you are accessing or using Spassifieds’s site on behalf of another person or entity, you nonetheless agree to assume personal liability for wrongful use of this site.
8.1 You are permitted to communicate through or to this site (hereinafter referred to as “Communications”), provided such Communications shall not be untrue, unlawful, harmful, threatening, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of others’ privacy, hateful, or racially, ethically or otherwise objectionable.
8.2 You shall assume full responsibility for any Communications sent to or through this site, and shall hold Spassifieds, its parents, subsidiaries, affiliates, officers, directors and employees harmless from any liabilities incurred as a result of or in connection with your Communications. Spassifieds shall have no obligation or liability whatsoever as to any such Communications, including, but not limited to, any Communications posted on any forums of this site.
8.3 By access to or use of this site, you understand that you may be exposed to content posted by another user that is defamatory, libelous, offensive, indecent, inaccurate, misleading, or otherwise objectionable to you, and you agree that you shall not look to Spassifieds for intervention in or resolution of any dispute relating to such.
8.4 Unless otherwise agreed upon in writing, any Communications transmitted to or posted on or through this site by you shall be considered non-confidential and non-proprietary. By sending such Communications, you grant Spassifieds an unrestricted irrevocable worldwide royalty free license to use, reproduce, display, perform, modify, transmit and distribute such, and you agree that Spassifieds is free to copy, distribute, incorporate and otherwise use any data, images, sounds, text, ideas, concepts, know-how, or techniques that you send to this site for any commercial or non-commercial purpose without limitation.
8.5 Spassifieds may, but shall have no obligation to, monitor, limit, restrict, retain or forward the content of any Communications in Spassifieds’s sole discretion.
8.6 Spassifieds reserves the right at all times to review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. However, by doing so, Spassifieds does not, either expressly or impliedly, endorse, affirm or in any manner assume any responsibility for such Communications.
The structure, sequence, organization and assembling of data, databases, compilations, and any derivatives generated therefrom are protected Content. You are not permitted to extract content from this site except as expressly authorized by Spassifieds.
10. System Performance
The availability of this site and the response time or other performance of this site are not guaranteed at any level or for any period of time. Spassifieds reserves the right in its sole discretion to temporarily or permanently filter or block any electronic messages.
B. REGISTERED USERS
11. Registration & Code of Ethics
11.1 Registration for access to and use of this site is free unless otherwise indicated.
11.2 The General Code of Ethics of this site applies. Your agreement with this Legal Notice indicates your agreement with the Code of Ethics for this site.
C. REGISTERED USERS UTILIZING SPECIAL SERVICES
13. Special Services
Special services offered on this site shall be subject to this Legal Notice 14. Agreement And Release
14.1 Your agreement with this Legal Notice indicates your agreement with terms for special services on this site that you may use. In event of any conflict the special terms shall govern.
14.2 By using the special services of this site, you agree to release Spassifieds, its officers, directors and agents from any and all legal actions under any theory of liability whatsoever against Spassifieds relating to the special services you are using.
D. OTHER TERMS APPLICABLE TO ALL USERS
Any notices from Spassifieds to you shall be deemed given if sent by email, and effective as of the date of the email.
16. General Disclaimer And Disclaimer Of Warranty
16.1 This site and the Content provided on this site may be subject to technical inaccuracies or interruptions, errors, prior modifications, subsequent changes, withdrawal or discontinuance at any time without notice or reason. The accuracy, completeness, security and proper functioning of this site are not guaranteed.
16.2 Spassifieds does not warrant that this site and its linked sites are free of such items as viruses, worms, trojan horses or other items of a destructive nature. It is your responsibility to take precautions related thereto.
16.3 NO OFFER OR SOLICITATION IS MADE BY SPASSIFIEDS HEREIN AND NONE MAY BE INFERRED.
16.4 THE CONTENT PROVIDED ON THIS SITE IS PROVIDED “AS IS”. NO WARRANTIES OR REPRESENTATIONS OF ANY NATURE ARE EXTENDED HEREBY, NOR CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY, WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
17. Limitation Of Liabilities
IN NO EVENT SHALL Spassifieds OR ITS THIRD PARTY VENDORS BE LIABLE TO YOU FOR ANY DIRECT ,INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, TANGIBLE OR INTANGIBLE DAMAGES YOU MAY INCUR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION OR DATA, COMPUTER INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING FROM OR RELATED TO THE USE OF OR INABILITY TO USE THIS SITE, LOSS AND DAMAGES RESULTING FROM INTERCEPTION OF THIS SITE BY THIRD PARTIES OR FROM LEAVING THIS SITE VIA A LINKED SITE, OR THOSE RESULTING FROM ANY CLAIM BY ANY OTHER PARTY; EVEN IF Spassifieds KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.
18. Non-Exclusive Revocable License
Access to and use of this site are subject to a limited, non-exclusive, personal and revocable license from Spassifieds which is subject to suspension, cancellation, transfer or modification at any time pursuant to the policies of Spassifieds then in effect.
By accessing or using this site, you agree to indemnify and hold harmless Spassifieds from any losses or damages, including, without limitation, direct, indirect, punitive, tangible or intangible, incidental, special or consequential damages, as well as expenses including, but not limited to, attorneys’ fees, arising or resulting from or in any way connected with your access or use of this site.
20. No Assignment
Your rights and obligations hereunder are not assignable. Any attempted or actual assignment thereof by you shall be null and void unless expressly consented to in writing by Spassifieds.
21. Governing Law
21.1 Use of and access to this site shall be governed by the laws of the State of New York, U.S.A., without regard to its conflict of laws principles.
21.2 For purposes hereof, the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply hereto.
Any controversy or claim by or against Spassifieds shall be resolved exclusively by final and binding arbitration under the rules of the American Arbitration Association then in effect in its offices in the City of New York, State of New York, U.S.A. The language of the arbitration shall be English. Judgment upon the arbitration award may be entered in any court having jurisdiction.
Without diminishing the effectiveness of the arbitration clause herein, you consent to the jurisdiction of the Federal and/or State courts having jurisdiction in the County of New York, State of New York, U.S.A., and you waive any claim of lack of jurisdiction, improper venue or inconvenient forum.
24. Superseding Construction And Severability
24.1 Each provision included herein shall be independently enforceable in accordance with its terms.
24.2 Should any provision(s) included herein be determined to be invalid or unenforceable pursuant to applicable law, a valid and enforceable construction that is closest to the original commercial intent thereof shall be given to and supersede such provision(s), and the balance hereof shall remain in effect.
25. Survival Of Rights and Remedies
25.1 The rights and remedies of Spassifieds hereunder shall be cumulative and may be exercised concurrently or consecutively at Spassifieds’s option and are in addition to the rights and remedies available to Spassifieds at law and in equity, and shall survive the termination of your access to and use of this site.
25.2 All rights and remedies not expressly provided herein are hereby reserved by Spassifieds.
26. Revision And Amendment
26.1 No modification or amendment of any provision of this Legal Notice shall be valid unless made in writing and signed by Spassifieds.
26.2 Spassifieds reserves the right to revise or amend this Legal Notice at any time and for any reason, and any such revision or amendment shall apply as of the date designated.
27. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS CAREFULLY AND UNDERSTAND AND AGREE TO ALL OF THEM IN THEIR ENTIRETY. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING THIS SITE, AND ARE NOT RELYING UPON ANY WARRANTY, REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH HEREIN.
28. Entire Agreement
By accessing and using this site, you agree that the terms and conditions contained in the Legal Notice (including those incorporated herein by reference) represent the entire understanding between Spassifieds and you with respect to your access and use of Spassifieds’s web site, and supersede any prior or contemporaneous, conflicting or additional understanding or communications between you and Spassifieds.
We gather and track information/data that users provide through registration on our sites for some services. In addition to this gathering of information by the registration of users, we also gathers information through an aggregated tracking system that derives data mainly by tallying page views throughout our sites and capturing information on the type of browser being used to view the site. This information enables us to better provide content and to respond to our users’ needs. It also is used to help our advertisers and sponsors to better understand the demographics of our audience. We do not divulge any personal information about an individual user to any third party.
Your email address will not be sold to a third party if you sign up for our email newsletters or any other services. If you sign up for an email newsletter, you will receive only the email newsletter. You may receive on occasion an offer from us if you specifically have requested or have otherwise opted in for third-party announcements. When you register for our services you may be given the option of joining an opt-in list. If you choose to sign up, you will receive information or participate in campaigns relevant to the specialty you selected from select third parties who have entered into agreements with us. We will not be responsible for the content of emails you may receive when you have elected to opt-in to a particular specialty.
Users may unsubscribe to any of our electronic newsletters at any time by following the instructions contained at the end of every newsletter, and also on the web site. If you no longer wish to use any of our services or receive any information from us, you may request to have your personal information removed from our databases by sending a request via email (webmaster@Spassifieds.com), including your first and last names and email address with which you originally registered. Changes or corrections to your information may be submitted in the same fashion.
Last Updated February 2010