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1. ACCEPTANCE OF TERMS
CommunityPostit.com provides an online resource, including classified ads & forums, (referred to hereafter as "our Service") subject to the following Terms of Use ("Terms"). By using our Service in any way, you are agreeing to comply with these Terms. In addition, when using particular CommunityPostit.com services, you agree to abide by any applicable posted guidelines for all CommunityPostit.com services, which may change from time to time. Should you object to any terms or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with CommunityPostit.com in any way, you MUST immediately discontinue use of CommunityPostit.com.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of these Terms at:
http://www.CommunityPostit.com/termsofuse.asp
3. CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from our Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via our Service. You understand that CommunityPostit.com does not control, and is not responsible for Content made available through our Service, and that by using our Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the CommunityPostit.com site and Content available through our Service may contain links to other websites, which are completely independent of CommunityPostit.com. CommunityPostIt.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will CommunityPostit.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that CommunityPostit.com does not pre-screen or approve Content, but that CommunityPostit.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via our Service, for violating the Terms or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The CommunityPostit.com site and Content available through our Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of CommunityPostit.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through our Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that CommunityPostit.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that CommunityPostit.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release CommunityPostit.com, its officers, employees, agents and successors in rights from claims, 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 any way related to such disputes and / or our service.
5. PRIVACY AND INFORMATION DISCLOSURE
CommunityPostit.com has established a Privacy Policy to explain to users how their information is collected and used. Your use of the CommunityPostit.com website or our Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that CommunityPostit.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of CommunityPostit.com, its users or the general public.
6. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);
e) that includes personal or identifying information about another person without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch";
g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) that constitutes or contains "junk mail," "spam," "chain letters," or "pyramid schemes";
i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the CommunityPostit.com sites which are not designated for such purposes; or emailed to CommunityPostit.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
j) that includes links to commercial services or web sites, except as allowed in sponsored ad sections;
k) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
l) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
m) that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use our Service; or
n) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through our Service.
Additionally, you agree not to:
o) contact anyone who has asked not to be contacted;
p) "stalk" or otherwise harrass anyone;
q) collect personal data about other users for commercial or unlawful purposes;
r) post non-local or otherwise irrelevant Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
s) attempt to gain unauthorized access to CommunityPostit.com 's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the CommunityPostit.com website; or
t) use any form of automated device or computer program that enables the submission of postings on CommunityPostit.com without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
7. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to CommunityPostit.com email addresses or through CommunityPostit.com computer systems, which is expressly prohibited by these Terms. Any unauthorized use of CommunityPostit.com computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
8. LIMITATIONS ON SERVICE
You acknowledge that CommunityPostit.com may establish limits concerning use of our Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by our Service, and the frequency with which you may access the Service. You agree that CommunityPostit.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that CommunityPostit.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that CommunityPostit.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. ACCESS TO THE SERVICE
CommunityPostit.com grants you a limited, revocable, nonexclusive license to access our Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of our Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by CommunityPostit.com. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to our Service. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
CommunityPostit.com permits you to display on your website, or create a hyperlink on your website to, individual postings on our Service. You may also create a hyperlink to the home page of CommunityPostit.com so long as the link does not portray CommunityPostit.com, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
Use of our Service beyond the scope of authorized access granted to you by CommunityPostit.com immediately terminates said permission or license.
10. TERMINATION OF SERVICE
You agree that CommunityPostit.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within our Service, for any reason, including, without limitation, if CommunityPostit.com believes that you have acted inconsistently with our Terms. Further, you agree that CommunityPostit.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
11. PROPRIETARY RIGHTS
Although CommunityPostit.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to CommunityPostit.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant CommunityPostit.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
12. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE COMMUNITYPOSTIT.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE COMMUNITYPOSTIT.COM SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, COMMUNITYPOSTIT.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE COMMUNITYPOSTIT.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, COMMUNITYPOSTIT.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE COMMUNITYPOSTIT.COM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE COMMUNITYPOSTIT.COM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, COMMUNITYPOSTIT.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE COMMUNITYPOSTIT.COM SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
13. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMMUNITYPOSTIT.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COMMUNITYPOSTIT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE COMMUNITYPOSTIT.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE COMMUNITYPOSTIT.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE COMMUNITYPOSTIT.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE COMMUNITYPOSTIT.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE COMMUNITYPOSTIT.COM SITE OR THE SERVICE OR ANY LINKS ON THE COMMUNITYPOSTIT.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE COMMUNITYPOSTIT.COM SITE OR THE SERVICE OR ANY LINKS ON THE COMMUNITYPOSTIT.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
14. INDEMNITY
You agree to indemnify and hold CommunityPostit.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
15. GENERAL INFORMATION
The Terms constitute the entire agreement between you and CommunityPostit.com and govern your use of our Service, superseding any prior agreements between you and CommunityPostit.com. The failure of CommunityPostit.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the 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, and the other provisions of the Terms remain in full force and effect. You 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 Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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