1. ACCEPTANCE OF TERMS
Clickapost provides a collection of online resources which include classified ads, forums, and various email services, (the "Service") subject to the following Terms of Use (the "Terms"). By using the Service, you agree to comply with these Terms. Additionally, when using particular Clickapost services, you agree to conform to any applicable posted guidelines for all Clickapost services, which may change periodically. Should you object to any term or condition of these Terms, any guideline, or any subsequent modifications thereto or become dissatisfied with Clickapost in any way, your only choice is to immediately discontinue use of Clickapost. Clickapost has the right, but is not obligated, to strictly enforce the Terms through self-help, community moderation, active investigation, litigation and prosecution.
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.
3. CONTENT POLICY
A. You understand that Clickapost does not control, and is not responsible for listings, messages, comments, files, images, photos, video, sounds, or any other material ("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 Clickapost site and Content available through the website may contain links to other websites, which are completely unrelated to Clickapost. Clickapost 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 completely 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 Clickapost 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 Clickapost does not pre-screen or approve Content, but that Clickapost 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.
B. You shall be solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with Content posted on, transmitted through, or linked from the Service by you, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Clickapost to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the website and these Terms. For clarity, you retain all of your ownership rights in your Content. However, by submitting the Content to Clickapost, you hereby grant Clickapost a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Clickapost website and Clickapost’s (and its successors') business, including without limitation for promoting and redistributing part or all of the Clickapost website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Clickapost website a non-exclusive license to access your Content through the website. The foregoing license granted by you terminates once you remove or delete Content from the Clickapost website.
C. Clickapost does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Clickapost expressly disclaims any and all liability in connection with user Content. Clickapost does not permit copyright infringing activities and infringement of intellectual property rights on its website, and Clickapost will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Clickapost reserves the right to remove Content without prior notice. Clickapost will also terminate a user's access to its website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the website more than twice. Clickapost reserves the right to decide whether Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Clickapost may remove such Content and/or terminate a user's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
3. CONDUCT
You agree not to post, email, or otherwise make available Content:
Additionally, you agree not to:
4. NOTIFICATION OF CLAIMS OF INFRINGEMENTS
If you are a copyright owner or an agent thereof and believe that any user Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Clickapost to locate the material;
(iv) Information reasonably sufficient to permit Clickapost to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Provide the contact detail of the Copyright Agent.
5. PRIVACY POLICYAND INFORMATION DISCLOSURE
By using this website you acknowledge and agree that Clickapost 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 Clickapost, its users or the general public.
6. INTELLECTUAL PROPERTY RIGHTS
The materials on the Clickapost website, except all user Content (as defined above), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Clickapost, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Materials on the website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Clickapost reserves all rights not expressly granted in and to the website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of user Content of third parties obtained through the website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Clickapost website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Clickapost website or the Materials therein.
7.USER SUBMISSIONS
You understand that when using the Clickapost website, you will be exposed to Content from a variety of sources, and that Clickapost is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Clickapost with respect thereto.
8. INDEMNITY
You agree to defend, indemnify and hold harmless Clickapost, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Clickapost website; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Clickapost website.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to Clickapost email addresses or through Clickapost computer systems is expressly prohibited by these Terms. Any unauthorized use of Clickapost 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.
10. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
Clickapost shall not be liable for your interactions with any organizations and/or individuals found on the website 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 organization and/or individuals. You agree that Clickapost 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 Clickapost is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Clickapost, 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.
11. LIMITATION AND TERMINATION OF SERVICE
You acknowledge that Clickapost 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 Clickapost has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Clickapost reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Clickapost shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that Clickapost, 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 Clickapost believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Clickapost 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.
12. 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 website or the collective work is prohibited. Copying or reproducing the website 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. Clickapost is a mark registered in the U.S. Patent and Trademark Office.
Although Clickapost 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 Clickapost 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
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE CLICKAPOST SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE CLICKAPOST SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY LAW, CLICKAPOST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CLICKAPOST MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CLICKAPOST WEBSITE. CLICKAPOST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CLICKAPOST WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CLICKAPOST WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL CLICKAPOST, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CLICKAPOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE CLICKAPOST SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE CLICKAPOST SITE OR THE SERVICE, FROM INABILITY TO USE THE CLICKAPOST SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE CLICKAPOST 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 CLICKAPOST SITE OR THE SERVICE OR ANY LINKS ON THE CLICKAPOST SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CLICKAPOST SITE OR THE SERVICE OR ANY LINKS ON THE CLICKAPOST SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTEN PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT CLICKAPOST SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The CLICKAPOST website is controlled and offered by CLICKAPOST from its facilities in the United States of America. CLICKAPOST makes no representations that the CLICKAPOST Website is appropriate or available for use in other locations. Those who access or use the CLICKAPOST Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
15. ASSIGNMENT
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CLICKAPOST without restriction.
16. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Clickapost website is not intended for children under 13. If you are under 13 years of age, then please do not use the CLICKAPOST website.
17. GENERAL INFORMATION
These Terms and the other policies posted on Clickapost constitute the complete and exclusive understanding and agreement between you and Clickapost 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 Clickapost shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Clickapost agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York. The failure of Clickapost 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 AND CLICKAPOST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CLICKAPOST WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
18. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms, by flagging the posting(s) for review using the Contact Us link at the bottom of the Clickapost home page, or by emailing to legal@clickapost.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 Clickapost liquidated damages as follows:
Otherwise, you agree to pay Clickapost’s actual damages, to the extent such actual damages can be reasonably calculated.
Last update: Tuesday, June 17, 2008 @ 10:40am.