Acceptance of terms:
The online resources which
includes classifieds, forums, email services or any other kind of
services (referred to hereafter as "services") subject to the
following terms of use ("TOU"). By using the any of the Services in
any way, you are agreeing to comply with the TOU. In addition, when
using any of our services, you agree to abide by any applicable
posted guidelines for all services, which may change from time to
time. If you object to any of the terms or conditions of the TOU, any
guidelines, or any subsequent modifications, or become dissatisfied
with us in any way, your only recourse is to immediately discontinue
the use of CityClassify.
Modifications to this agreement:
We reserve the right, to change, modify or
otherwise alter any of these terms and conditions at any time without
notification. Such modifications shall become effective immediately
upon the posting on CityClassify. You must review this agreement on
a regular basis to keep yourself up to date of any changes. You can
find the most recent version of the TOU at:
Contents:
You understand that all postings, messages, text, files, images,
photos, video, sounds, or other materials (referred to hereafter as
"Content") posted on, transmitted through, or linked from the
Service, are the sole responsibility of the person from whom such
Content originated. More specifically, you are entirely responsible
for each individual item ("Item") of Content that you post, email or
otherwise make available via the Service. You understand that City
Classify does not control, and is not responsible for Content made
available through the Service, and that by using the Service, you may
be exposed to Content that is offensive, indecent, inaccurate,
misleading, or otherwise objectionable. Furthermore, the City
Classify site and Content available through the Service may contain
links to other websites, which are completely independent of City
Classify. CityClassify does not represent or warranty them as to the
accuracy, completeness or authenticity of the information contained
in any such site in any way. Your linking to any other webites is 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 CityClassify be
liable in any way for any Content or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed
or otherwise made available via the Service. You acknowledge that
CityClassify does not pre-screen or approve any Content, but that
CityClassify shall 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 letter or spirit of the
TOU or for any other reason.
Third party content, sites, and services:
The CityClassify site and
Content available through the Service may contain features and
functionalities that may link you or provide you access to third
party content which is completely independent of CityClassify,
including web sites, directories, servers, networks, systems,
information and databases, applications, software, programs, products
or services, and the Internet as a whole...
Your
interactions with organizations and/or individuals found on or
through the Service, including payment and delivery of goods or
services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you
and such organizations and/or individuals. You should make whatever
investigation you feel necessary or appropriate before proceeding
with any online or offline transaction with any of these third
parties.
You agree that CityClassify shall not be
responsible or liable for any loss or damage of any sort incurred as
a 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 CityClassify is under no obligation to
become involved. In the event that you have a dispute with one or
more other users, you hereby release CityClassify, 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.
Notifications of claims of infringement:
If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please notify CityClassify for
notice of claims of copyright or other intellectual property
infringement ("Agent"), at
support (at) cityclassify (dot)
com
Please provide us the following on the notice:
- Identify the material on the CityClassify site that you claim is
infringing, with enough detail so that we may locate it on the
website;
- A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its
agent, or the law;
- A statement by you declaring under penalty
of perjury that (1) the above information in your Notice is accurate,
and (2) that you are the owner of the copyright interest involved or
that you are authorized to act on behalf of that owner;
- Your
address, telephone number, and email address; and
- Your
physical or electronic signature. CityClassify will remove the
infringing posting(s), subject to the the procedures outlined in the
Digital Millenium Copyright Act (DMCA).
Privacy and information disclosure:
CityClassify has established
a Privacy Policy to explain users how their information is collected
and used, which is located at the following web address:
Your use of the CityClassify website or the Service signifies
acknowledgement of and agreement to our Privacy Policy. You further
acknowledge and agree that CityClassify 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 the TOU; respond to claims that
any Content violates the rights of third-parties; respond to claims
that contact information (e.g. 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 CityClassify, its users or the general public.
Conduct:
You agree not to post, email, or otherwise make available
Content:
- that is unlawful, harmful, threatening, abusive,
harassing, defamatory, libelous, invasive of another's privacy, or is
harmful to minors in any way;
- that is pornographic or depicts
a human being engaged in actual sexual conduct including but not
limited to (i) sexual intercourse, including genital-genital,
oral-genital, anal-genital, or oral-anal, whether between persons of
the same or opposite sex, or (ii) bestiality, or (iii) masturbation,
or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition
of the genitals or pubic area of any person;
- 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;
- that violates the Fair
Housing Act by stating, in any notice or ad for the sale or rental of
any dwelling, a discriminatory preference based on race, color,
national origin, religion, sex, familial status or handicap (or
violates any state or local law prohibiting discrimination on the
basis of these or other characteristics);
- that violates
federal, state, or local equal employment opportunity laws, including
but not limited to, stating in any advertisement for employment a
preference or requirement based on race, color, religion, sex,
national origin, age, or disability.
- with respect to employers
that employ four or more employees, that violates the
anti-discrimination provision of the Immigration and Nationality Act,
including requiring Indian citizenship or lawful permanent residency
(green card status) as a condition for employment, unless otherwise
required in order to comply with law, regulation, executive order, or
federal, state, or local government contract.
- that
impersonates any person or entity, including, but not limited to, a
CityClassify employee, or falsely states or otherwise misrepresents
your affiliation with a person or entity (this provision does not
apply to Content that constitutes lawful non-deceptive parody of
public figures.);
- that includes personal or identifying
information about another person without that person's explicit
consent;
- that is false, deceptive, misleading, deceitful,
misinformative, or constitutes "bait and switch";
- 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;
- that constitutes or contains
"affiliate marketing," "link referral code," "junk mail," "spam,"
"chain letters," "pyramid schemes," or unsolicited commercial
advertisement;
- that constitutes or contains any form of
advertising or solicitation if: posted in areas of the CityClassify
sites which are not designated for such purposes; or emailed to City
Classify users who have not indicated in writing that it is ok to
contact them about other services, products or commercial interests.
- that includes links to commercial services or web sites,
except as allowed in "services";
- that advertises any illegal
service or the sale of any items the sale of which is prohibited or
restricted by any applicable law, including without limitation items
the sale of which is prohibited or regulated by 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;
- that disrupts the normal flow of dialogue with an excessive amount
of Content (flooding attack) to the Service, or that otherwise
negatively affects other users' ability to use the Service; or
-
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:
- contact anyone who has asked not to be
contacted;
- "stalk" or otherwise harass anyone;
- collect
personal data about other users for commercial or unlawful purposes.
- use automated means, including spiders, robots, crawlers, data
mining tools, or the like to download data from the Service - unless
expressly permitted by CityClassify.
- 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.
- post the same item or
service in more than one classified category or forum, or in more
than one metropolitan area.
- attempt to gain unauthorized
access to CityClassify 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
CityClassify website, or
- use any form of automated device or
computer program that enables the submission of postings on City
Classify without each posting being manually entered by the author
thereof (an "automated posting device"), including without
limitation, the use of any such automated posting device to submit
postings in bulk, or for automatic submission of postings at regular
intervals.
Posting Agents:
A "Posting
Agent" is a third-party agent, service, or intermediary that offers
to post Content to the Service on behalf of others. To moderate
demands on CityClassify resources, you may not use a Posting Agent
to post Content to the Service without express permission from City
Classify. Correspondingly, Posting Agents are not permitted to post
Content on behalf of others, to cause Content to be so posted, or
otherwise access the Service to facilitate posting Content on behalf
of others, except with express permission from CityClassify.
No spam policy:
You understand and agree that
sending unsolicited email advertisements to CityClassify email
addresses or through CityClassify computer systems, which is
expressly prohibited by these TOU. Any unauthorized use of City
Classify computer systems is a violation of the TOU and certain
federal and state laws. Such violations may subject the sender and
his or her agents to civil and criminal penalties.
Limitations
of service:
You acknowledge that CityClassify may
establish limits concerning use of the Service, including 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 CityClassify
has no responsibility or liability for the deletion or failure to
store any Content maintained or transmitted by the Service. You
acknowledge that CityClassify reserves the right at any time to
modify or discontinue the Service (or any part thereof) with or
without notice, and that CityClassify shall not be liable to you or
to any third party for any modification, suspension or discontinuance
of the Service.
Access to the service:
CityClassify grants you a limited, revocable, nonexclusive license
to access the Service for your own personal use. This license does
not include: (a) access to the Service by Posting Agents; or (b) any
collection, aggregation, copying, duplication, display or derivative
use of the Service nor any use of data mining, robots, spiders, or
similar data gathering and extraction tools for any purpose unless
expressly permitted by CityClassify. A limited exception to (b) is
provided to general purpose internet search engines and
non-commercial public archives that use such tools to gather
information for the sole purpose of displaying hyperlinks to the
Service, provided they each do so from a stable IP address or range
of IP addresses using an easily identifiable agent and comply with
our robots.txt file. "General purpose internet search engine" does
not include a website or search engine or other service that
specializes in classified listings or in any subset of classifieds
listings such as jobs, housing, for sale, services, or personals, or
which is in the business of providing classified ad listing services.
CityClassify permits you to display on your website, or
create a hyperlink on your website to, individual postings on the
Service so long as such use is for noncommercial and/or news
reporting purposes only (e.g., for use in personal web blogs or
personal online media). If the total number of such postings
displayed or linked to on your website exceeds one hundred (100)
postings, your use will be presumed to be in violation of the TOU,
absent express permission granted by CityClassify to do so. You may
also create a hyperlink to the home page of CityClassify sites so
long as the link does not portray CityClassify, its employees, or
its affiliates in a false, misleading, derogatory, or otherwise
offensive matter.
CityClassify offers various parts of the
Service in RSS format so that users can embed individual feeds into a
personal website or blog, or view postings through third party
software news aggregators. CityClassify permits you to display,
excerpt from, and link to the RSS feeds on your personal website or
personal web blog, provided that (a) your use of the RSS feed is for
personal, non-commercial purposes only, (b) each title is correctly
linked back to the original post on the Service and redirects the
user to the post when the user clicks on it, (c) you provide,
adjacent to the RSS feed, proper attribution to 'CityClassify' as
the source, (d) your use or display does not suggest that City
Classify promotes or endorses any third party causes, ideas, web
sites, products or services, (e) you do not redistribute the RSS
feed, and (f) your use does not overburden CityClassify's systems.
CityClassify reserves all rights in the content of the RSS feeds and
may terminate any RSS feed at any time.
Use of the Service
beyond the scope of authorized access granted to you by CityClassify
immediately terminates said permission or license. In order to
collect, aggregate, copy, duplicate, display or make derivative use
of the the Service or any Content made available via the Service for
other purposes (including commercial purposes) not stated herein, you
must first obtain a license from CityClassify.
Termination
of service:
You agree that CityClassify, 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
CityClassify believes that you have acted inconsistently with the
letter or spirit of the TOU. Further, you agree that CityClassify
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.
Property
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 site or the
collective work, and/or copying or reproducing the sites or any
portion thereof to any other server or location for further
reproduction or redistribution is prohibited without the express
written consent of CityClassify. You further agree not to reproduce,
duplicate or copy Content from the Service without the express
written consent of CityClassify, 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.
Although CityClassify 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 CityClassify 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.
Furthermore, by posting Content to any public area of the Service,
you automatically grant CityClassify all rights necessary to
prohibit any subsequent aggregation, display, copying, duplication,
reproduction, or exploitation of the Content on the Service by any
party for any purpose.
Disclaimer of warranties:
YOU AGREE THAT USE OF THE CityClassify SITE AND THE SERVICE IS
ENTIRELY AT YOUR OWN RISK. THE CityClassify 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, CityClassify DISCLAIMS
ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY,
AND PERFORMANCE OF THE CityClassify SITE AND THE SERVICE. TO THE
FULLEST EXTENT PERMITTED BY LAW, CityClassify DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
ON THE CityClassify SITE OR THE SITES OR SERVICE, OR ACCESSED
THROUGH ANY LINKS ON THE CityClassify SITE. TO THE FULLEST EXTENT
PERMITTED BY LAW, CityClassify DISCLAIMS ANY WARRANTIES FOR VIRUSES
OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE CityClassify 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.
Limitations of liability:
UNDER NO CIRCUMSTANCES SHALL CityClassify BE LIABLE FOR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
(EVEN IF CityClassify HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE CityClassify
SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF
THE CityClassify SITE OR THE SERVICE, FROM INABILITY TO USE THE City
Classify SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE CityClassify 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 CityClassify SITE OR THE SERVICE
OR ANY LINKS ON THE CityClassify SITE, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION
WITH THE CityClassify SITE OR THE SERVICE OR ANY LINKS ON THE City
Classify SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW. In some jurisdictions, limitations of liability are
not permitted. In such jurisdictions, some of the foregoing
limitation may not apply to you.
Indemnity:
You agree to indemnify and hold CityClassify, 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 TOU, your breach of any of the representations
and warranties herein, or your violation of any rights of another.
General information:
The TOU constitute
the entire agreement between you and CityClassify and govern your
use of the Service, superseding any prior agreements between you and
CityClassify. The TOU and the relationship between you and City
Classify shall be governed by the laws of the Government of India
without regard to its conflict of law provisions. The failure of City
Classify to exercise or enforce any right or provision of the TOU
shall not constitute a waiver of such right or provision. If any
provision of the TOU 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 TOU 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 TOU must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
Violation of terms and liquidated damages:
Please report any violations of the TOU, by flagging the posting(s)
for review, or by emailing to:
support (at) cityclassify
(dot) 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 it becomes
necessary for CityClassify to pursue legal action to enforce the
TOU, you will be liable to pay CityClassify a certain amount for
damages. We shall have the right to terminate and or suspend your
membership of the Site and refuse to provide you or any person acting
on your behalf, access to the Site.
