THIS AGREEMENT "Agreement" is entered into by and between this web site and any individual, corporation, association, agency, company, or other entity that accesses or uses the web site (the "User" or "you").
Please read this Agreement carefully before accessing our web site. As a condition to and in consideration of receiving and accessing the web site, the User agrees to be bound by the terms of this Agreement. Use of or access to the web site shall constitute acceptance of and agreement to be bound by this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS THE WEB SITE. If you have any questions about this Agreement, please contact us.
The web site, which is provided without charge to you, is a World Wide web site on the Internet that is designed to allow users to post a variety of Interactive Content and/or to view a variety of Interactive Content posted by other users or interact with those users. The web site contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of the web site that can be modified by Users, such as posting ads, uploading multimedia files, registering user profiles, posting forum messages, and creating Auto-Notify profiles ("Interactive Areas").
1. User Rights and Responsibilities
1.1 User Conduct.
You agree to access and use the web site only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to your use of the web site, including any Interactive Area. By accessing the web site, you agree that you will not:
(a) restrict or inhibit any other user from using and enjoying the web site;
(b) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
(c) post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
(d) post or transmit any information, software or other material which contains a virus or other harmful component;
(e) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access the web site;
(f) disrupt the normal flow of communication in any Interactive Area;
(g) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
(h) violate any operating rule, policy or guideline of your Internet access provider or online service.
2. Intellectual Property Rights
2.1 Web site content.
(a) You acknowledge that Content on the web site is generally provided by the web site, individual contributors of Content ("Contributors"), third party licensees, and/or other Users. You acknowledge that the web site permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that the web site owns a copyright in the "look and feel," i.e., the selection, coordination, arrangement and presentation of such Content.
(b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to web site and its URL address. You acknowledge that the web site, its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit post, publish, reproduce or distribute, on or through the web site only Content that is not subject to any Intellectual Property Rights or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on the web site, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to the web site the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit the web site to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store, and reproduce the Content for personal use.
3. Interactive Areas
You acknowledge that the web site may include various interactive areas ("Interactive Areas"), including but not limited to classified ads and discussion forums. These Interactive Areas allow feedback to the web site and real-time interaction between users. You further understand that the web site does not control the messages, information, or files delivered to such Interactive Areas and that the web site may offer you and other Users the capability of creating and managing an Interactive Area. The web site, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that the web site cannot, and does not intend to, screen communications in advance. Moreover, because the web site encourages open and candid communication in the Interactive Areas, the web site cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. The web site is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that the web site has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, the web site may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. The web site reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written web site policy in effect at that time, (ii) be harmful to the rights of any User, the web site, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.
The only right with respect to dissatisfaction with any policies, guidelines, or practices of the web site in operating the web site, or any change in Content, is for you to discontinue accessing the web site. The web site may terminate or temporarily suspend your access to all or any part of the web site, without notice, for conduct that the site believes is a violation of this Agreement or any policies or guidelines posted by the site, or for other conduct which the web site believes, in its sole discretion, is harmful to the web site or other Users. The web site may discontinue operating the web site and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access the web site, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from the web site, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
5. Disclaimers of Warranties; Limitations of Liability
5.1 Disclaimer of Warranties. Please use your best judgment in evaluating all information contained or opinions expressed on the web site.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. NEITHER THE WEB SITE NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT THE WEB SITE OR ANY INTERNET SITE LINKED TO OR FROM THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR ANY INTERNET SITE LINKED TO OR FROM THE WEB SITE OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE WEB SITE OR ANY SITE LINKED TO OR FROM THE. THE WEB SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.2 Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL THE WEB SITE , ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, THE WEB SITE , OR ANY INTERNET SITE LINKED TO OR FROM THE WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THE WEB SITE, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS,OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE WEB SITE OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM THE WEB SITE. THE CONTENT WITHIN THE WEB SITE AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM THE WEB SITE MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF THE WEB SITE AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. THE WEB SITE AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE WEB SITE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY WEB SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF THE WEB SITE, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
You agree to indemnify and hold the web site, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of the web site or any Internet site linked to or from the web site, or in connection with the transmission of any Content on the web site.
This Agreement comprises the entire agreement between the web site and you, and supersedes any prior agreements with respect to the subject matter herein. The web site may revise this Agreement or any other policy at any time. Any such revision shall be effective immediately upon posting notice of such revision prominently on the web site. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing the web site. Your continued accessing and use of the web site following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of Sections 2.1, 5.1, 5.2, 6 and 7 shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of the web site to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the Commonwealth of Kentucky, USA and you and the web site each submit to the exclusive jurisdiction of the courts of that state or province. This Agreement is personal to you and you may not assign your rights or obligations hereunder to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from the web site have been done strictly for clarification and identification and does not constitute endorsement by the web site of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of the web site by such trademark, service mark or link owner.