TERMS OF USE
WELCOME To ClassifiedBuys.com! ClassifiedBuys.com provides its Services to you, subject to the following TERMS OF USE which may be updated by us from time to time without notice to members. In addition, when using particular ClassifiedBuys.com services, you and ClassifiedBuys.com shall be subject to any posted guidelines, regulations and or rules applicable to such services which may be posted from time to time. All such guidelines, regulations and or rules (including but not limited to our SPAM POLICY) are hereby incorporated by reference into the TERMS OF USE.
DESCRIPTION OF SERVICE
ClassifiedBuys.com currently provides user members a safe secure protected way to do business by providing selling and shopping services for normally found in the Classifieds and advertisement. ClassifiedBuys.com provides users a very rich collection of resources such as, communication tools, marketing tools, and informational tools. A variety of shopping services and sale options, preferred products and services are available that have proven integrity, value, personalized content, and branded programming through its network of properties (the Service). You also understand and agree that the Service may include advertisements and that the advertisements are necessary for ClassifiedBuys.com to provide you the most current Service. You also agree and understand that the Service may include certain communications from ClassifiedBuys.com such as services, service announcements, administrative messages; these communications are considered part of the ClassifiedBuys.com membership. Unless clearly and explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of the new ClassifiedBuys.com properties, shall be subject to the TERMS OF USE. You clearly understand and agree that the Service is provide "as-is" and that ClassifiedBuys.com assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications, personalization settings, or pictures. You are responsible for obtaining access to the Service and that access may involve third party fees for example such as: airtime or internet service provider fees, usage fees, delivery fees etc. You are responsible for those fees associated with the display or delivery of items or advertisements. In addition you must provide, and are 100 percent responsible, for all equipment necessary to access the Service. Please be aware that you must be 18 years of age to become a member, to access member information, to make any offers, to buy, to sell, or request any information what so ever from services offered
REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of Legal age to form a binding contract and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. Very Important: You must agree to: provide true, accurate, current and complete information about yourself as prompted by the Service's Registration Form and maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide information that is untrue, inaccurate, not current, or incomplete; ClassifiedBuys.com reserves the right and has the obligation to its current members to suspend or terminate your account and refuse any and all current and future use of the Service (or any portion thereof). ClassifiedBuys.com is concerned about the safety, protection, and privacy of its members / users.
PRIVACY POLICY
Registration Data and certain other information about your account are subject to our PRIVACY POLICY. For more information please see our privacy policy.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
When you complete the sign up registration form you will receive an
email confirmation consisting of a username and password to access the
site. You are responsible for maintaining the confidentiality of the
username and password of the account. You are fully responsible for
all activities that occur under your username and password. You agree
to notify ClassifiedBuys.com immediately if:
1. Any unauthorized use of your username or password for the account
or any other breach of security concerning account usage
2. Ensure that you exit from your account at the end of each session
by using the Logout feature.
ClassifiedBuys.com cannot and will not be responsible or liable for any
loss or damage arising from your failure to comply with this member
obligation as outlined in this section.
MEMBER CONDUCT
You do understand that all information, text, data, software, music, photographs, sound, messages, video or other materials (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Exactly what this means is that you, not ClassifiedBuys.com, are entirely responsible for all content that you upload, e-mail, post, transmit, or otherwise make available via the Service. ClassifiedBuys.com does not control the content posted via the Service and, as such, does not guarantee the integrity, accuracy, or quality of such Content. You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances what so ever will ClassifiedBuys.com be liable in any way what so ever for any content, including, but not limited to, for any errors or omissions in any Content, or for any damage or loss of any kind incurred as a result of the use of any of the Content posted, emailed, transmitted or otherwise made available via the Service.
In addition: If a member discover erroneous, offensive, or otherwise invalid content via another member it must be reported.
You agree not to Use the Service to:
1. Upload, post, e-mail, transmit or otherwise make available any
Content that is not true, unlawful, harmful, abusive, threatening,
harassing, defamatory, tortuous, vulgar, obscene, libelous, invasive
of another's privacy, hateful, ethnically or otherwise objectionable.
Do not lie about yourself or any item posted yours or any other
members, at any time for any reason.
2. Harm minors in any way through the use of this Service.
3. Impersonate any person or entity, including, but not limited to, a
ClassifiedBuys.com official, forum leader, guide or host, falsely state or
otherwise misrepresent your affiliation with a person, member or
entity.
4. Manipulate identifiers or otherwise forge headers in order to
disguise the origin of any Content transmitted through the Service
("Phishing" or otherwise falsely "social engineering" is OUTRIGHT
BANNED!").
5. E-mail, upload, post, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("RIGHTS") of any party.
6. E-mail, upload, posts, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, junk
Mail, spam, chain letters, pyramid schemes, or any other form of
solicitation, except in those areas (such as shopping rooms) that are
designated for such purpose. (Please read our SPAM POLICY).
7. Post, upload, transmit, email or otherwise make available any
material that contains software viruses, worms, or any malicious
computer code, files or programs designed to destroy, interrupt, or
limit the functionality of any computer software, hardware, or
telecommunications equipment.
8. Post stenographic or otherwise devious messages hiding inside
pictures or other uploaded files.
9. Disrupt the normal flow of dialogue by causing "scrolling" or
"flooding" faster then other users of the Service are able to type, or
otherwise act in a manner that negatively affects other users ability
to engage in real time exchanges.
10. Interfere with or disrupt the Service or servers and or networks
connected to the Service or disobey any requirements, policies,
procedures, or regulations of networks connected to the Service.
11. Intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the
American Stock Exchange, or the NASDAQ and any regulations have the
force of law.
12. Harass or stalk another in any form or fashion what so ever.
13. Collect or store personal data about other Members. Please our
"SPAM Policy".
You acknowledge that ClassifiedBuys.com may or may not prescreen Service Content. ClassifiedBuys.com and its designees shall have the right (but not the obligation) in their sole discretion to move, pre-screen or refuse any Content that is available via the Service. Without limiting the foregoing, ClassifiedBuys.com and its designees shall have the right to remove any Content that violates the TERMS OF USE or is otherwise objectionable. You agree to evaluate and bear the risks associated with the use of any Content, including any reliance on the accuracy, usefulness, or completeness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or submitted to ClassifiedBuys.com, including without limitation, information in ClassifiedBuys.com message boards and all other parts of the Service.
You acknowledge, consent, and agree that ClassifiedBuys.com may access, preserve, and disclose your account information and Content if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to:
1. Comply with the legal process.
2. Enforce the TERMS OF USE.
3. Respond to claims that any Content violates the rights of third-parties.
4. Respond to your requests for customer service.
5. Protect the property, rights or personal safety of ClassifiedBuys.com, its Members and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve:
1. Transmissions over various networks.
2. Changes to conform and adapt to technical requirements of connecting networks and or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected and use of these materials is subject to usage rules set by ClassifiedBuys.com. and or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized publication, reproduction, public exhibition, or further distribution of materials provided on the Service in whole or in part is strictly prohibited.
A SPECIAL NOTE TO HOBBIEST AND OTHER WEB DEVELOPERS
Here at ClassifiedBuys.com we understand that modern web browsers such as "Firefox" allow one to write "extensions" to add additional features to the site. While it is our stance to not try to over police this, please do not attempt, as it is forbidden, to write extensions which would harm revenue streams such as advertising blocking. if our advertising is obtrusive, then contact us. Feel free however to give feedback and even develop extensions which could benefit the members of this site, again that don't directly or indirectly harm ClassifiedBuys.com. No cross-site scripting what-so-ever!
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
ClassifiedBuys.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to the Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant ClassifiedBuys.com the following worldwide, royalty free and non- exclusive license(s), as applicable:1. With respect to content you submit or make available for inclusion on publicly accessible areas of ClassifiedBuys.com groups, the license to distribute, use, modify, distribute, reproduce, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific ClassifiedBuys.com group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you or ClassifiedBuys.com removes such Content from the Service.
2. With respect to audio, photos, video, graphics, and such that you submit or make available for inclusion on publicly accessible areas of the Service other then ClassifiedBuys.com groups, the license to distribute, use, modify, reproduce, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for a long as you elect to continue to include such Content on the Service and will terminate at the time you remove or ClassifiedBuys.com removes such Content from the service.
3. With respect to Content other than Graphics, photos, audio, or video you submit or make available for inclusion on publicly accessible areas of the Service other than ClassifiedBuys.com groups, the perpetual, irrevocable and fully sub licensable license to use, reproduce, distribute, adapt, modify, translate, publish, publicly perform and publicly display such Content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed. Publicly accessible areas of the Service are those areas of the ClassifiedBuys.com network of properties that are intended by ClassifiedBuys.com to be available to the general public. For an example, publicly accessible areas of the Service would include ClassifiedBuys.com groups, TERMS OF USE, text, and services that are open to both members and in limited versions to visitors that are non Members. However, publicly accessible areas of the Service would not include portions of ClassifiedBuys.com groups that are limited to members, ClassifiedBuys.com Services intended for private communication such as ClassifiedBuys.com member to member, or member to services, and or areas off of the ClassifiedBuys.com network of properties such as World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by ClassifiedBuys.com.
INDEMNITY
You agree to indemnify and hold ClassifiedBuys.com, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Content you submit, transmit, post, or make available through the Service, for your use of the Service, your connection to the Service, your violations of any rights what so ever of another, or your violation Of the TERMS OF USE.GENERAL PRACTICES IN REGARDS TO THE USE OF STORAGE
You acknowledge and understand that ClassifiedBuys.com may establish general practices and limits that concern the use of the Service, including without limitation the maximum number of days that items are posted, e-mail messages, message postings and or other uploaded Content will be retained by the Service. The maximum number of messages that may be sent from or received by an account on the service, the maximum disk space that will be allotted on "ClassifiedBuys.com's" servers on your behalf, and the maximum number of time as well as the maximum duration for which you may access the service in a given period of time may change without prior notice. You agree that ClassifiedBuys.com has absolutely no responsibility or liability for the deletion or failure to store any messages, communications, or other Content maintained and or transmitted by the Service. You acknowledge that ClassifiedBuys.com reserves the right to disable accounts that are inactive for an extended period of time or that fail to pay the annual fees within the due period. You further acknowledge that ClassifiedBuys.com reserves the right to modify these general practices and limits from time to time.MODIFICATIONS TO THE SERVICE
ClassifiedBuys.com reserves the right at any time, for any reason, and from time to time to modify or discontinue, permanently or temporarily, modify the Service (or any part there of ) with or without notice. You agree that ClassifiedBuys.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.TERMINATION
You agree that ClassifiedBuys.com may under any circumstances and without prior notice, immediately terminate your ClassifiedBuys.com account, access to the Service, and any associated e-mail to the Service. Cause for such termination shall include, but not be limited to:1. Requests by law enforcement or other government agencies.
2. Breaches and or violations of the TERMS OF USE or other incorporated agreements or guidelines.
3. Self initiated account deletions request by you.
4. Material modification or discontinuance to the Service, or any part there of.
5. Unexpected technical or security problems or issues.
6. Extended periods of inactivity. Termination of your "ClassifiedBuys.com" account includes the following:
a) Removal of access to all offerings within the Service, which includes but is not limited to ClassifiedBuys.com, groups, buying, selling, messaging, e-mailing, chatting, domains, service information, offerings, sales, auctions, message boards, news, greetings, alerts, and all other offerings from the membership privileges
b) The deletion of your password and all related information, files and content associated with or inside your account or any part thereof barring you from further use of the Service.
c) You agree that all terminations for cause shall be made in ClassifiedBuys.com sole discretion and that ClassifiedBuys.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
DEALING WITH ADVERTISERS
Your business and or correspondence dealings with and or participation in promotions of advertisers found on or through the Service, including payment or delivery of related goods or services, any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that ClassifiedBuys.com shall not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. LINKS The Service or third parties may provide, links to other WORLD WIDE WEB sites and or resources. Because ClassifiedBuys.com has no control over such resources and sites, you acknowledge and agree that ClassifiedBuys.com is not responsible for the availability of such external sites and or resources. ClassifiedBuys.com does not endorse and is not responsible or liable for any Content, advertising, products, and or other materials available from such sites or resources. You further agree and acknowledge that ClassifiedBuys.com shall not be liable or responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any such Content, goods or services available on or through any such site or resource.PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("SOFTWARE") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree and acknowledge that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, patents, service marks, or other proprietary rights and laws. Except as expressly authorized by ClassifiedBuys.com or advertisers, you agree not to modify, loan, lease, rent, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.. ClassifiedBuys.com grants you a personal, non-transferable and non-exclusive right and license to use the object code aka software on a single computer; provided that you DO NOT (and do not allow any third party to) modify, copy, reverse engineer, create a derivative work of, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interesting other wise transfer any right in the Software. You agree not to modify in any way what so ever the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You must agree not to access the Service by any means other than through the interface that it is intended for.NO THIRD PARTY BENEFICIARIES
You agree that, with exception as otherwise provided in the ClassifiedBuys.com TERMS OF USE, there shall be NO third party beneficiaries to this agreement. NOTICE ClassifiedBuys.com may and from time to time, provide you with notices, including those regarding changes to the TERMS OF USE, either by e-mail, regular mail, or postings on the Service.TRADEMARKS
The WEB trademarks and Service marks and other ClassifiedBuys.com logos, products, and service names are Trademarks of YBS, Inc. Without prior permission, you agree not to display or use in any manner, YBS, Inc. marks.NOTICE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
YBS, Inc. respects the intellectual property of others, and we ask our members and potential members to do the same. ClassifiedBuys.com may, in appropriate circumstances, and at its discretion, terminate and or disable the accounts of users who may be repeat offenders. If you believe that your work has been copied in a way that constitutes copyright infringement, or you feel your intellectual property rights have otherwise been violated, you must provide YBS, Inc'c copyright agent the information that is requested upon such claims.GENERAL INFORMATION
Entire Agreement The TERMS OF USE constitutes the entire agreement between you and ClassifiedBuys.com and governs your use of the Service, superseding any prior agreements between you and ClassifiedBuys.com. You may also be subject to additional terms and conditions that may apply when you use or purchase certain Services, affiliated services, third party content or third party software. Choice of Law and Forum The TERMS OF USE and the relationship between you and ClassifiedBuys.com shall be governed by the State of Tennessee without regard to its conflict of law provisions. You and ClassifiedBuys.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Davidson, Tennessee. Waiver and Severability of Terms The failure of ClassifiedBuys.com to exercise or enforce any right or provision of the TERMS OF USE shall not constitute a waiver of such right or provision. If any of the provision of the TERMS OF USE 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' intention as reflected in the provision, and the other provisions of the TERMS OF USE remain in full force. No right of Survivorship and Non-Transferability You agree that your ClassifiedBuys.com account is non-transferable and any rights to your ClassifiedBuys.com I.D. or contents within your account terminate upon your death certificate and your account may be terminated and all contents within permanently deleted. All Applicable Terms and Conditions TERMS OF USE etc. to ClassifiedBuys.com are one and the same with its parent company, YBS, Inc. You agree that you are bound by all TERMS OF USE for ClassifiedBuys.com and the parent company YBS, Inc. equally and the same with no exceptions to any terms, conditions and or TERMS OF USE. Statute of Limitations You agree that regardless of any statute or law to the contrary, any claim or cause arising out of, or related to use of the Service, or the TERMS OF USE must be filed within (1) one year after such claim or cause of action arose or for ever be barred. The section titles in the TERMS OF USE are for convenience only and have no legal contractual effect.DISCLAIMER OF WARRANTIES
YOU MUST EXPRESSLY UNDERSTAND AND AGREE THAT:1. THE USE OF THE SERVICE IS EXPRESSLY AT YOUR OWN RISK AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS UNLESS OTHERWISE EXPRESSED BY ClassifiedBuys.com AND "AS AVAILABLE" BASIS. ClassifiedBuys.com DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. ClassifiedBuys.com MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR FREE OR SECURE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE RELIABLE OR ACCURATE, THE QUALITY OF ANY PRODUCTS, INFORMATION, SERVICES OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND BE ASSURE ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR ANY OTHER WAY OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU UNDERSTAND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO INFORMATION OR ADVICE, WHETHER IT IS WRITTEN OR ORAL, OBTAINED BY YOU FROM ClassifiedBuys.com OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. LIMITATIONS OF LIABILITY YOU EXPRESSLY AND DEFINITELY UNDERSTAND AND AGREE THAT ClassifiedBuys.com SHALL NOT AND WILL NOT BE LIABLE TO YOU OR ANY OTHER USER THROUGH YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES ( EVEN IF ClassifiedBuys.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
1. THE INABILITY OR THE ABILITY TO USE THE SERVICE.
2. THE COST OF PROCUREMENT OF SERVICES AND SUBSTITUTE GOODS RESULTING FROM ANY DATA, GOODS, INFORMATION, SERVICES PURCHASED AND OR OBTAINED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO AND OR THROUGH AND OR FORM THE SERVICE.
3. UNAUTHORIZED ACCESS TO OR THE ALTERATIONS OF YOUR TRANSMISSIONS OR DATA
4. CONDUCT OR STATEMENTS OF ANY THIRD PARTY ON THE SERVICE OR ANY OTHER MATTER RELATING TO THE SERVICE OR ANY OTHER MATTER.
5. DOWN TIME ARISING FROM DOS (DENIAL OF SERVICE), DDOS(DISTRIBUTED DENIAL OF SERVICE), SLASHDOTTING/DUGGING (HIGH TRAFFIC ARISING FROM THESE OR OTHER HIGH TRAFFIC SITES), OR ANY OTHER ATTACK AND / OR REASON WHICH RESULTS IN DOWN TIME THAT IS OUTSIDE OF OUR CONTROL.
6.WE ACKNOWLEDGE THAT AS OF JANUARY 28, 2006, AUDIO PIXEL WORKS FOR WINDOWS (UNDER EXPLORER 6.0) ONLY. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND OR THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. VIOLATIONS Please report any violations of the TERMS OF USE to the ClassifiedBuys.com Customer Care Center.
