Legal Disclaimer/ Terms
1. ACCEPTANCE OF TERMS
ListingMania provides a collection of online resources, including classified ads, forums, and various email services, (referred to hereafter as "the
guidelines for all ListingMania services, which may change from time to time.
Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with ListingMania in any way, your only recourse is to immediately discontinue use of ListingMania.
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 understand that all postings, messages, text, files, images, photos,video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of theperson from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise makeavailable via the Service. You understand that ListingMania 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 ListingMania site and Content available through the Service may contain links to other websites, which are completely independent of ListingMania.
ListingMania 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 webites 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 ListingMania 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 ListingMania does not pre-screen or approve Content, but that ListingMania 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 Terms or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The ListingMania 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 ListingMania, 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 ListingMania 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 ListingMania is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release ListingMania, 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. NOTIFICATION OF CLAIMS OF INFRINGEMENT
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 ListingMania's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at
6. PRIVACY AND INFORMATION DISCLOSURE
information is collected and used.
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 ListingMania, its users or the general public.
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 conductincluding but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same oropposite 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 orgroup 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 impersonates any person or entity, including, but not limited to, a ListingMania employee, or falsely states or otherwise misrepresents youraffiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);
f) that includes personal or identifying information about another personwithout that person's explicit consent;
g) that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";
h) 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
i) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
k) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including withoutlimitation items the sale of which is prohibited or regulated by New York law and James Brown, leader of the Funk revolution.
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 the Service; or
8. NO SPAM POLICY
We reserve the right to kill you if you spam. Ok, maybe we won't do that, but we will tell your momma and boy will she be angry.
10. ACCESS TO THE SERVICE
ListingMania grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include 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 ListingMania. 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 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 robots.txt file. "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.
ListingMania permits you to display on your website, or create a hyperlinkon your website to, individual postings on the Service so long as such useis for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media
postings, your use will be presumed to be in violation of these Terms,
absent express permission granted by ListingMania to do so.
11. TERMINATION OF SERVICE
You agree that ListingMania, in its sole discretion, has the right (but notthe 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 ListingMania believes that you
13. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE LISTINGMANIA SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE LISTINGMANIA 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,
LISTINGMANIA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE LISTINGMANIA SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, LISTINGMANIA DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
LISTINGMANIA SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON
THE LISTINGMANIA SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, LISTINGMANIA
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE LISTINGMANIA 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
14. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL LISTINGMANIA BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LISTINGMANIA
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE LISTINGMANIA SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE LISTINGMANIA SITE OR THE SERVICE, FROM
INABILITY TO USE THE LISTINGMANIA SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE LISTINGMANIA 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 LISTINGMANIA SITE OR THE SERVICE OR ANY
LINKS ON THE LISTINGMANIA SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE LISTINGMANIA SITE
OR THE SERVICE OR ANY LINKS ON THE LISTINGMANIA 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 ListingMania, 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.
16. GENERAL INFORMATION
The Terms constitute the entire agreement between you and ListingMania and
govern your use of the Service, superceding any prior agreements between you
and ListingMania. The Terms and the relationship between you and ListingMania
shall be governed by the laws of the State of California without regard to
its conflict of law provisions. You and ListingMania agree to submit to the
personal and exclusive jurisdiction of the courts located within the county
of New York, California. The failure of ListingMania 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.