Terms of Use
1. ACCEPTANCE
Free LA Classifieds provides a collection of online
resources which include classified ads, social networking services, 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 Free LA Classifieds services, you
agree to conform to any applicable posted guidelines for all Free LA Classifieds
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 Free LA Classifieds in any way, your only choice is to
immediately discontinue using Free LA Classifieds. These Terms may be updated by
Free LA Classifieds at any time. You understand and agree that you are solely
responsible for reviewing these Terms from time to time. Free LA Classifieds
will provide notice of significant changes to the Terms by posting this notice
on the Free LA Classifieds 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 Free LA Classifieds 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 Free LA
Classifieds site and Content available through the website may contain links to
other websites, which are completely unrelated to Free LA Classifieds. Free LA
Classifieds 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 Free LA Classifieds
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 Free LA Classifieds does not
pre-screen or approve Content, but that Free LA Classifieds 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:
a.
that violates any law,
b. that is harmful, unlawful, threatening, abusive,
harassing, defamatory, pornographic, libelous, invasive of another's privacy, or
harms children in any way;
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, including, but not limited to, an Free LA
Classifieds employee, or falsely states or otherwise misrepresents your
connection with a person or entity;
e. that includes personal or identifying
information about another person without that person's explicit consent.
f.
that is false, deceptive, misleading, deceitful, misinformative, 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 "affiliate marketing," "link
referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or
unsolicited commercial advertisement.
i. that constitutes or contains any
form of advertising or solicitation if (1) posted in areas or categories of the
Free LA Classifieds sites which are not designated for such purposes; or (2)
emailed to Free LA Classifieds users who have requested not to be contacted
about other services, products or commercial interests.
j. that includes
links to commercial services or web sites, except as specifically allowed by
Free LA Classifieds;
k. 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 Spanish 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 the 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 the
Service.
Additionally, you agree not
to:
a.
contact anyone who has asked not to be contacted;
b. "stalk" or otherwise
harass anyone;
c. collect personal data about other users for commercial or
unlawful purposes;
d. 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) that comply with our robots.txt file;
e.
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;
f. post the same item or service in more than one
classified category or forum, or in more than one metropolitan area; or
g.
attempt to gain unauthorised access to Free LA Classifieds' 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 Free LA
Classifieds website.
4. PRIVACY POLICY AND INFORMATION DISCLOSURE
By using this website acknowledge and agree that Free
LA Classifieds 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 Free LA Classifieds, its users or the
general public.
5. NO SPAM POLICY
You understand and agree that sending unsolicited
email advertisements to Free LA Classifieds email addresses or through Free LA
Classifieds computer systems, is expressly prohibited by these Terms. Any
unauthorised use of Free LA Classifieds computer systems is a violation of these
Terms and US law. Such violations may subject the sender and his or her
agents to civil and criminal penalties.
6. DEALINGS WITH ORGANISATIONS AND INDIVIDUALS
Free LA Classifieds shall not be liable for your
interactions with any organisations 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 organisations and/or individuals.
You agree that Free LA Classifieds 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 Free LA
Classifieds is under no obligation to become involved. In the event that you
have a dispute with one or more other users, you hereby release Free LA
Classifieds, 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.
7. LIMITATION AND TERMINATION OF SERVICE
You acknowledge that Free LA Classifieds 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 Free LA Classifieds has no responsibility or
liability for the deletion or failure to store any Content maintained or
transmitted by the Service. You acknowledge that Free LA Classifieds reserves
the right at any time to modify or discontinue the Service (or any part thereof)
with or without notice, and that Free LA Classifieds shall not be liable to you
or to any third party for any modification, suspension or discontinuance of the
Service.
You agree that Free LA Classifieds, 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 Free LA Classifieds believes that you have acted
inconsistently with the letter or spirit of the Terms. Further, you agree that
Free LA Classifieds 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
8. 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. Free LA Classifieds is a mark registered in the
Spanish Patent and Trademark Office.
Although Free LA Classifieds 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 Free LA Classifieds 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
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE FREE LA
CLASSIFIEDS SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE FREE LA
CLASSIFIEDS 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, FREE LA CLASSIFIEDS DISCLAIMS ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE FREE LA CLASSIFIEDS
SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, FREE LA
CLASSIFIEDS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE FREE LA CLASSIFIEDS SITE OR THE SITES OR SERVICE,
OR ACCESSED THROUGH ANY LINKS ON THE FREE LA CLASSIFIEDS SITE. TO THE FULLEST
EXTENT PERMITTED BY LAW, FREE LA CLASSIFIEDS DISCLAIMS ANY WARRANTIES FOR
VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE FREE LA CLASSIFIEDS
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.
10. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL FREE LA CLASSIFIEDS BE LIABLE FOR
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN
IF FREE LA CLASSIFIEDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM ANY ASPECT OF YOUR USE OF THE FREE LA CLASSIFIEDS SITE OR THE
SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE FREE LA CLASSIFIEDS
SITE OR THE SERVICE, FROM INABILITY TO USE THE FREE LA CLASSIFIEDS SITE OR THE
SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR
TERMINATION OF THE FREE LA CLASSIFIEDS 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 FREE LA
CLASSIFIEDS SITE OR THE SERVICE OR ANY LINKS ON THE FREE LA CLASSIFIEDS SITE, AS
WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE FREE LA CLASSIFIEDS SITE OR THE SERVICE OR ANY LINKS ON THE
FREE LA CLASSIFIEDS 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.
11. INDEMNITY
You hereby agree, at your expense, to indemnify and
hold Free LA Classifieds, its officers, subsidiaries, affiliates, successors,
assigns, directors, officers, agents, service providers, suppliers and
employees, harmless from any claim or demand, including reasonable legal 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.
12. GENERAL INFORMATION
These Terms and the other policies posted on Free LA Classifieds
constitute the complete and exclusive understanding and agreement between you
and Free LA Classifieds 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 Free
LA Classifieds shall be governed by the laws of the Kingdom of Spain without
regard to its conflict of law provisions. You and Free LA Classifieds agree to
submit to the personal and exclusive jurisdiction of the courts located within
Madrid. The failure of Free LA Classifieds 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 six (6) months 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 using our contact form. 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 Free LA Classifieds 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 Free LA Classifieds in its sole discretion may disclose identifying information about you to the victim, and that should Free LA Classifieds bring a claim against you in court, that you will pay Free LA Classifieds one thousand dollars ($1,000) for each such message.
b.
If Free LA Classifieds 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 Free LA Classifieds one hundred Dollars ($100) for each
message posted in excess of such limits or for each day on which you access Free
LA Classifieds in excess of such limits, whichever is higher.
c.
If you send unsolicited email advertisements to Free LA Classifieds email
addresses or through Free LA Classifieds computer systems, you agree to pay Free
LA Classifieds twenty five dollars ($25) for each such email.
d.
If you post messages in violation of these Terms of Use, other than as described
above, you agree to pay Free LA Classifieds one hundred dollars($100) for each
such message. In its sole discretion, Free LA Classifieds may elect to issue a
warning before assessing damages.
Otherwise, you agree to pay Free LA
Classifieds' actual damages, to the extent such actual damages can be reasonably
calculated.