ListyPosty.com
provides a collection of online resources, including classified ads and email services
(referred to hereafter as "the Service") subject to the following
Terms of Service ("TOS"). By using the Service in any way, you are
agreeing to comply with the TOS. In addition, when using particular ListyPosty.com
services, you agree to abide by any applicable posted guidelines for all ListyPosty.com
services, which may change from time to time.
Should you
object to any term or condition of the TOS, any guidelines, or any subsequent
modifications thereto or become dissatisfied with ListyPosty.com in any way,
your only recourse is to immediately discontinue use of ListyPosty.com.
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 the TOS at:
http://www.ListyPosty.com/about/terms.php
You understand
that all postings, messages, text, files, images, photos, banners, video,
sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the person
from whom such Content originated. More specifically, you are entirely
responsible for each individual item ("Item") of Content that you
post, email or otherwise make available via the Service. You understand that ListyPosty.com
does not control, and is not responsible for Content made available through the
Service, and that by using the Service, you may be exposed to Content that is
offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Furthermore, the ListyPosty.com site and Content available through the Service
may contain links to other websites, which are completely independent of ListyPosty.com.
ListyPosty.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 ListyPosty.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 ListyPosty.com does not pre-screen or
approve Content, but that ListyPosty.com shall have the right (but not the
obligation) in its sole discretion to refuse, delete or move any Content that
is available via the Service, for violating the letter or spirit of the TOS or
for any other reason.
The ListyPosty.com
site and Content available through the Service may contain features and
functionalities that may link you or provide you with access to third party
content which is completely independent of ListyPosty.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 the 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
ListyPosty.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 ListyPosty.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 ListyPosty.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.
If you believe
that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please notify ListyPosty.com for notice of claims of copyright or
other intellectual property infringement, at Customer
Support
Please provide
us with the following Notice:
a) Identify the material on the ListyPosty.com site
that you claim is infringing, with enough detail so that we may locate it on
the website;
b) A statement
by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
c) A statement
by you declaring under penalty of perjury that (1) the above information in
your Notice is accurate, and (2) that you are the owner of the copyright
interest involved or that you are authorized to act on behalf of that owner;
d) Your
address, telephone number, and email address; and
e) Your
physical or electronic signature.
ListyPosty.com
will remove the infringing posting(s), subject to the procedures outlined in
the Digital Millennium Copyright Act (DMCA).
a. We don't
share your information with third parties for marketing purposes
b. We don't
employ tracking devices for marketing purposes ("cookies", "web
beacons," single-pixel gifs)
c. We don't
send you unsolicited communications for marketing purposes
d. Account
information is password-protected. Keep your password safe
e. ListyPosty.com
does not knowingly collect any information from persons under the age of 14. If
ListyPosty.com learns that a posting is by a person under the age of 14, ListyPosty.com
will remove that post.
f. ListyPosty.com,
or people who post on ListyPosty.com, may provide links to third party
websites, which may have different privacy practices. We are not responsible
for, nor have any control over, the privacy policies of those third party
websites, and encourage all users to read the privacy policies of each and
every website visited
g. We
sometimes collect your email address, for purposes such as sending
self-publishing and confirmation emails, authenticating user accounts,
providing subscription email services, etc
h. ListyPosty.com
does not store credit card information. PayPal.com is an authorized retailer of
www.ListyPosty.com. ListyPosty.com does not process any payments
i. We may collect
personal information if you provide it in feedback or comments, post it on our
classifieds or interactive forums, or if you contact us directly. Please do not
post any personal information on ListyPosty.com that you expect to keep private
j. Our web
logs collect standard web log entries for each page served, including your IP
address, page URL, and timestamp. Web logs help us to diagnose problems with
our server, to administer the ListyPosty.com site, and to otherwise provide our
service to you
k. All
postings to ListyPosty.com are stored in our database, even after deletion, and
may be archived elsewhere
l. Although we
make good faith efforts to store the information in a secure operating
environment that is not available to the public, we cannot guarantee complete
security
m. Search
engines and other sites not affiliated with ListyPosty.com
n. ListyPosty.com
may disclose information about its users if required to do so by law or in the
good faith belief that such disclosure is reasonably necessary to respond to
subpoenas, court orders, or other legal process
o. ListyPosty.com
may also disclose information about its users to law enforcement officers or others,
in the good faith belief that such disclosure is reasonably necessary to:
enforce our Terms of Use; respond to claims that any posting or other content
violates the rights of third-parties; or protect the rights, property, or
personal safety of ListyPosty.com, its users or the general public
p. We welcome
your feedback on this document, please send your
feedback to Customer Support
Your use of
the ListyPosty.com website or the Service signifies acknowledgement of and
agreement to our Privacy Policy. You further acknowledge and agree that ListyPosty.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:
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
violates the Fair Housing Act by stating, in any notice or ad for the sale or
rental of any dwelling, a discriminatory preference based on race, color,
national origin, religion, sex, familial status or handicap (or violates any
state or local law prohibiting discrimination on the basis of these or other
characteristics);
e) that
violates 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.
f) with
respect to employers that employ four or more employees, that violates 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.
g) that
impersonates any person or entity, including, but not limited to, a ListyPosty.com
employee, or falsely states or otherwise misrepresents your affiliation with a
person or entity (this provision does not apply to Content that
constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about
another person without that person's explicit consent;
i) that is false, deceptive, misleading, deceitful, mis-informative,
or constitutes "bait and switch";
j) 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;
k) that
constitutes or contains "affiliate marketing", "link
referral code", "junk mail", "spam", "chain
letters", "pyramid schemes", or unsolicited commercial
advertisement;
l) that
constitutes or contains any form of advertising or solicitation if: posted in
areas of the ListyPosty.com sites which are not designated for such purposes;
or emailed to ListyPosty.com users who have not indicated in writing that it is
ok to contact them about other services, products or commercial interests.
m) that includes links to commercial services or web sites,
except as allowed in "services";
n) that advertises any illegal service or the sale of any items
the sale of which is prohibited or restricted by any applicable law; ads and/or
banners in any form of competition of ListyPosty.com, and or for any reason
seen fit by ListyPosty.com
o) 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;
p) that disrupts the normal flow of dialogue with an excessive
amount of Content (flooding attack) to the Service, or that otherwise
negatively affects other users' ability to use the Service; or
q) that employs misleading email addresses, or forged headers
or otherwise manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.
Additionally,
you agree not to:
r) contact anyone who has asked not to be contacted;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or
unlawful purposes;
u) use automated means, including spiders, robots, crawlers,
data mining tools, or the like to download data from the Service - unless
expressly permitted by ListyPosty.com;
v) post non-local or otherwise irrelevant Content, repeatedly
post the same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;
w) post the
same item or service in more than one classified category or in more than one
location area that does not relate to the area concerning your ad;
x) attempt to gain unauthorized access to ListyPosty.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
ListyPosty.com
website; or
y) use any
form of automated device or computer program that enables the submission of
postings on ListyPosty.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.
You understand
and agree that sending unsolicited email advertisements to ListyPosty.com email
addresses or through ListyPosty.com computer systems, which is expressly
prohibited by these TOS. Any unauthorized use of ListyPosty.com computer
systems is a violation of the TOS 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.
We may charge
a fee to post Content in some areas of the Service. The fee is an access fee
permitting Content to be posted in a designated area.
Each party
posting Content to the Service is responsible for said Content and compliance
with the TOS. All fees paid will be non-refundable in the event that Content is
removed from the Service for violating the TOS.
You
acknowledge that ListyPosty.com may establish limits concerning use of the
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 the
Service, and the frequency with which you may access the Service. You agree
that ListyPosty.com has no responsibility or liability for the deletion or
failure to store any Content maintained or transmitted by the Service. You
acknowledge that ListyPosty.com reserves the right at any time to modify or
discontinue the Service (or any part thereof) with or without notice, and that ListyPosty.com
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
ListyPosty.com
grants you a limited, revocable, nonexclusive license to access the Service for
your own personal use. This license does not include:
(a) access to
the Service by Posting Agents; or (b) any collection, aggregation, copying,
duplication, display or derivative use of the Service nor any use of data
mining, robots, spiders, or similar data gathering and extraction tools for any
purpose unless expressly permitted by ListyPosty.com.
A limited
exception to (b) 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 the Service, provided they each do
so from a stable IP address or range of IP addresses using an easily
identifiable agent and comply with our system's settings.
"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.
ListyPosty.com
permits you to display on your website, or create a hyperlink on your website
to, individual postings on the Service so long as such use is for noncommercial
and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). You may also create
a hyperlink to the home page of ListyPosty.com sites so long as the link does
not portray ListyPosty.com, its employees, or its affiliates in a false,
misleading, derogatory, or otherwise offensive manner.
Use of the
Service beyond the scope of authorized access granted to you by ListyPosty.com
immediately terminates said permission or license. In order to collect,
aggregate, copy, duplicate, display or make derivative use of the Service or
any Content made available via the Service for other purposes (including
commercial purposes) not stated herein, you must first obtain a license from ListPosty.com.
You agree that
ListyPosty.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 the
Service, for any reason, including, without limitation, if ListyPosty.com
believes that you have acted inconsistently with the letter or spirit of the
TOS. Further, you agree that ListyPosty.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. Sections 2, 4,
6 and 12-18 shall survive termination of the TOS.
The Service is
protected to the maximum extent permitted by copyright laws and international
treaties. Content displayed on or through the Service is protected by copyright
as a collective work and/or compilation, pursuant to copyrights laws, and
international conventions. Any reproduction, modification, creation of
derivative works from or redistribution of the site or the collective work,
and/or copying or reproducing the sites or any portion thereof to any other
server or location for further reproduction or redistribution is prohibited
without the express written consent of ListyPosty.com. You further agree not to
reproduce, duplicate or copy Content from the Service without the express
written consent of ListyPosty.com, and agree to abide by any and all copyright
notices displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code
contained in the Service. Without limiting the foregoing, you agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any aspect of the Service.
Although ListyPosty.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 ListyPosty.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 ListyPosty.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.
YOU AGREE THAT
USE OF THE ListyPosty.com SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE ListyPosty.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, ListyPosty.com DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE
OF THE ListyPosty.com SITE AND THE SERVICE. TO THE FULLEST EXTENT
PERMITTED BY LAW, ListyPosty.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR
GOODS RECEIVED THROUGH OR ADVERTISED ON THE ListyPosty.com SITE OR THE SITES OR
SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE ListyPosty.com SITE. TO THE
FULLEST EXTENT PERMITTED BY LAW, ListyPosty.com DISCLAIMS ANY WARRANTIES FOR
VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE ListyPosty.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.
UNDER NO
CIRCUMSTANCES SHALL ListyPosty.com BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ListyPosty.com HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR
USE OF THE ListyPosty.com SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM
USE OR MISUSE OF THE ListyPosty.com SITE OR THE SERVICE, FROM INABILITY TO USE
THE ListyPosty.com SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE ListyPosty.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 ListyPosty.com SITE OR THE SERVICE OR ANY LINKS ON THE
ListyPosty.com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE ListyPosty.com SITE OR THE SERVICE
OR ANY LINKS ON THE ListyPosty.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.
You agree to
indemnify and hold ListyPosty.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 TOS, your breach of any of the
representations and warranties herein, or your violation of any rights of
another.
The TOS
constitute the entire agreement between you and ListyPosty.com and govern your use of the Service, superseding any prior
agreements between you and ListyPosty.com. The failure of ListyPosty.com to
exercise or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. 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 TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
Please report
any violations of the TOS, by flagging the posting(s) for review or by
contacting us: Customer
Support
Our failure to
act with respect to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches.
We welcome
your questions and comments on this document, please
forward all your questions and comments to Customer
Support