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1. ACCEPTANCE
WCS provides a collection of online resources which
include classified ads, auctions, and various email services, (referred to as
"the Service") subject to the Terms of Use ("Terms"). By
using the website in any way, you agree to comply with these Terms.
Additionally, when using particular WCS services, you agree to conform to any
applicable posted guidelines for all WCS services, which may change
periodically. Should you object to any term or condition of these Terms, any
guideline, or any subsequent changes thereto or become unhappy with WCS in any
way, your only choice is to immediately discontinue use of WCS. These Terms may
be updated by WCS at any time. You understand and agree that you are solely
responsible for reviewing these Terms from time to time. WCS will provide
notice of significant changes to the Terms by posting this notice on the WCS
website.
2. CONTENT POLICY
You understand that all listings, messages,
comments, files, images, photos, video, sounds, or any other material ("Content")
posted on, transmitted through, or linked from the Service, are the sole
responsibility of the person who originated such Content. More specifically,
you are entirely responsible for all Content that you upload, email or
otherwise make available via the Service. You understand that WCS does not
control, and is not responsible for Content made available through the website,
and that by using the website, you may be exposed to Content that is offensive,
indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the
WCS site and Content available through the website may contain links to other
websites, which are completely unrelated to WCS. WCS makes no representation or
guarantee as to the accuracy or authenticity of the information contained in
any such site. Your linking to any other websites is at your completely 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 WCS be liable in any way for Content or for any loss or
damage of any kind incurred as a result of the use of
any Content listed, emailed or otherwise made available via the Service. You
acknowledge that WCS does not pre-screen or approve Content, but that WCS will
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
spirit of the site or the Terms or for any other
reason.
3. CONDUCT
You agree not to post, email, or otherwise make available Content:
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that violates any law, |
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that is harmful, unlawful, threatening, abusive, harassing, defamatory,
pornographic, libelous, invasive of another's privacy, or harms minors
in any way |
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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; |
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that impersonates any person or entity, including, but not limited
to, a WCS employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity; |
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that includes personal or identifying information about another person
without that person's explicit consent. |
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that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch"; |
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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. |
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that constitutes or contains "affiliate marketing," "link
referral code," "junk mail," "spam," "chain
letters," "pyramid schemes," or unsolicited commercial
advertisement. |
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that constitutes or contains any form of advertising or solicitation
if (1) posted in areas or categories of the WCS sites which are not designated
for such purposes; or (2) emailed to WCS users who have requested not
to be contacted about other services, products or commercial interests. |
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that includes links to commercial services or web sites, except as
specifically allowed by WCS |
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that advertises any illegal services or the sale of any items the sale
of which is prohibited or restricted by applicable law, including without
limitation items the sale of which is prohibited or regulated by New York
law * 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; |
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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 |
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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:
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contact anyone who has asked not to be contacted; |
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"stalk" or otherwise harass anyone; |
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collect personal data about other users for commercial or unlawful purposes; |
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use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - exception is made
for internet search engines (e.g. Google) and non-commercial public archives
(e.g. archive.org); |
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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; |
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post the same item or service in more than one classified category
or forum, or in more than one metropolitan area; or |
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attempt to gain unauthorized access to WCS'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
WCS website. |
4. PRIVACY POLICYAND INFORMATION DISCLOSURE
By using this website acknowledge and agree that WCS 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 (for example 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 WCS, its users or the general public.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENTS
If you believe that your work has been copied in a way that
infringes copyright, or your intellectual property rights have been otherwise
violated, please notify a WCS agent for notice of claims of copyright or other
intellectual property infringement ("Agent"), at admin@webcitysales.com.
To do so, please provide our representatives with the following Notice:
1. Identify the content on the WCS site that you claim is
infringing your rights, with enough detail so that we may locate it on the
website;
2. A statement by you that you have good reason that the
disputed use is not authorised
by the copyright owner, its agent, or the law;
3. A statement by you declaring (a) the above information in
your Notice is accurate, and (b) that you are the owner of the copyright
interest involved or that you are authorised
to act on behalf of that owner;
4. Your address, telephone number, and email address; and
5. Your physical or internet/electronic signature.
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Identify the content on the WCS site that you claim is infringing
your rights, with enough detail so that we may locate it on the website; |
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A statement by you that you have good reason that the disputed use is
not authorised by
the copyright owner, its agent, or the law; |
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A statement by you declaring (a) the above information in your Notice
is accurate, and (b) that you are the owner of the copyright interest
involved or that you are authorised
to act on behalf of that owner; |
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Your address, telephone number, and email address; and |
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Your physical or internet/electronic signature. |
We reserve the right to remove content where we have grounds for suspecting the
violation of these terms.
6. NO SPAM POLICY
You understand
and agree that sending unsolicited email advertisements to WCS email addresses
or through WCS computer systems, is
expressly prohibited by these Terms. Any unauthorized use of WCS computer
systems is a violation of these Terms and certain federal and state laws. Such
violations may subject the sender and his or her agents to civil and criminal
penalties.
7. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
WCS shall not be
liable for your interactions with any organizations and/or individuals found on
the Site or through the Service. This includes, but is not limited to, payment
and delivery of goods and services, and any other terms, conditions, warranties
or representations associated with such dealings. These dealings are solely
between you and such organizations and/or individuals.
You agree that WCS 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 WCS is under no obligation to become
involved. In the event that you have a dispute with one or more other users,
you hereby release WCS, 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.
8. LIMITATION AND TERMINATION OF SERVICE
You acknowledge that WCS may establish limits concerning use of
the Service, including among others, 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 WCS has
no responsibility or liability for the deletion or failure to store any Content
maintained or transmitted by the Service. You acknowledge that WCS reserves the
right at any time to modify or discontinue the Service (or any part thereof)
with or without notice, and that WCS shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service.
You agree that WCS, 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
WCS believes that you have acted inconsistently with the letter or spirit of
the Terms. Further, you agree that WCS 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
9. PROPRIETARY RIGHTS
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 Sites or the collective work is prohibited. Copying or
reproducing the sites or any portion thereof to any other server or location
for further reproduction or redistribution is prohibited. You further agree not
to reproduce, duplicate or copy Content from the Service, 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. WCS is a mark
registered in the U.S. Patent and Trademark Office.
Although WCS 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 WCS 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.
We need these rights in order to host and display your content
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY
AGREE THAT USE OF THE WCS SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE WCS 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, WCS DISCLAIMS ANY WARRANTIES FOR
THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WCS
SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, WCS DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
WCS SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE WCS
SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WCS DISCLAIMS ANY WARRANTIES FOR
VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WCS 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.
11. LIMITATIONS OF LIABILITY
IN NO EVENT
SHALL WCS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES (EVEN IF WCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WCS SITE OR THE SERVICE,
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WCS SITE OR THE SERVICE,
FROM INABILITY TO USE THE WCS SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WCS 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 WCS SITE OR THE SERVICE OR ANY LINKS ON THE WCS SITE, AS WELL AS BY
REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE WCS SITE OR THE SERVICE OR ANY LINKS ON THE WCS SITE. THESE
LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some
jurisdiction, limitations of liability are not permitted. In such
jurisdictions, some of the foregoing limitation may not apply to you.
12. INDEMNITY
You hereby
agree, at your expense, to indemnify and hold WCS, 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.
13. GENERAL INFORMATION
These Terms and
the other policies posted on WCS constitute the complete and exclusive
understanding and agreement between you and WCS and govern your use of the
Service superceding all prior understandings,
proposals, agreements, negotiations, and discussions between the parties,
whether written or oral.
The Terms and
the relationship between you and WCS shall be governed by the laws of the State
of Texas
without regard to its conflict of law provisions. You and WCS agree to submit
to the personal and exclusive jurisdiction of the courts located within the
State of Texas.
The failure of WCS 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.
14. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms, by flagging the
posting(s) for review by emailing to admin@webcitysales.com.
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.
You understand and agree that, because damages
are often difficult to quantify, if actual damages
cannot be reasonably calculated then you will be liable to pay WCS liquidated
damages as follows:
a. If you post a message that (1)
impersonates any person or entity; (2) falsely states or otherwise
misrepresents your affiliation with a person or entity; or (3) that includes
personal or identifying information about another person without that person's
explicit consent, you agree that WCS in its sole discretion may disclose
identifying information about you to the victim, and that should WCS bring a
claim against you in court, that you will pay WCS one thousand dollars ($1,000)
for each such message.
b. If WCS establishes limits on the
frequency with which you may access the Service, or terminates your access to
or use of the Service, you agree to pay WCS one hundred dollars for each
message posted in excess of such limits or for each day on which you access WCS
in excess of such limits, whichever is higher.
c. If you send unsolicited email
advertisements to WCS email addresses or through WCS computer systems, you
agree to pay WCS twenty five dollars ($25) for each such email.
d. If you post anything in violation of
these Terms of Use, other than as described above, you agree to pay WCS one
hundred dollars ($100) for each such message. In its sole discretion, WCS may
elect to issue a warning before assessing damages.
Otherwise, you agree to pay WCS's actual damages, to the extent such actual
damages can be reasonably calculated.
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