MI-Classifieds.com
Classifieds Access Agreement
Please read this Agreement carefully before accessing the MI-Classifieds.com
Classifieds. As a condition to and in consideration of receiving
and accessing the MI-Classifieds.com Classifieds, the User agrees
to be bound by the terms of this Agreement. Use of or access to
the MI-Classifieds.com Classifieds 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 MI-Classifieds.com
Classifieds. If you have any questions about this Agreement, please
contact us.
MI-Classifieds.com Classifieds Access Agreement
THIS AGREEMENT "Agreement" is entered into by and between
MI-Classifieds.com and any individual, corporation, association,
agency, company, or other entity who accesses or uses the MI-Classifieds.com
Classifieds (the "User" or "you").
The MI-Classifieds.com Classifieds, which is provided without
charge to you, is a World Wide Web site on the Internet that is
designed to allow users to post ads and/or to view ads posted
by other users or interact with those users. The MI-Classifieds.com
Classifieds is owned and operated by Big Domain Host LLC. The
MI-Classifieds.com Classifieds 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 MI-Classifieds.com Classifieds that can be modified
by Users, such as posting ads, uploading multimedia files, registering
user profiles, and creating Auto-Notify profiles ("Interactive
Areas").
1. User Rights and Responsibilities
1.1 Access to the MI-Classifieds.com Classifieds.
You are responsible for providing all hardware, software, telephone
or other communications equipment and/or service to connect to
the Internet and access the MI-Classifieds.com Classifieds and
are responsible for all Internet access charges, telephone charges
or other fees or charges incurred in connecting to the Internet
and accessing the MI-Classifieds.com Classifieds.
1.2 User Conduct.
You agree to access and use the MI-Classifieds.com Classifieds
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 (i) your use of the MI-Classifieds.com Classifieds,
including any Interactive Area, (ii) the use of any networks or
other services connected to the MI-Classifieds.com Classifieds,
and (iii) the communications means by which you connect your modem,
computer, or other equipment to the MI-Classifieds.com Classifieds.
By accessing the MI-Classifieds.com Classifieds, you agree that
you will not:
(1) restrict or inhibit any other user from using and enjoying
the Interactive Features;
(2) 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;
(3) 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.
(4) post or transmit any information, software or other material
which contains a virus or other harmful component;
(5) 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 MI-Classifieds.com Classifieds;
(6) disrupt the normal flow of communication in an Interactive
Area;
(7) 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;
(8) violate any operating rule, policy or guideline of your Internet
access provider or online service.
2. Intellectual Property Rights
2.1 MI-Classifieds.com Classifieds content.
(a) You acknowledge that Content on the MI-Classifieds.com Classifieds
is generally provided by the MI-Classifieds.com Classifieds, individual
contributors of Content ("Contributors"), third party
licensees, and/or other Users. You acknowledge that the MI-Classifieds.com
Classifieds 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
MI-Classifieds.com Classifieds 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 "The MI-Classifieds.com
Classifieds" and its URL address. You acknowledge that the
MI-Classifieds.com Classifieds, 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 MI-Classifieds.com
Classifieds 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 MI-Classifieds.com Classifieds, 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 MI-Classifieds.com
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 MI-Classifieds.com 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 MI-Classifieds.com Classifieds may include
various interactive areas ("Interactive Areas"), including
but not limited to ads. These Interactive Areas allow feedback
to the MI-Classifieds.com Classifieds and real-time interaction
between users. You further understand that the MI-Classifieds.com
does not control the messages, information, or files delivered
to such Interactive Areas and that the MI-Classifieds.com may
offer you and other Users the capability of creating and managing
an Interactive Area. However, neither the MI-Classifieds.com,
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 MI-Classifieds.com cannot, and does not intend to, screen
communications in advance. Moreover, because the MI-Classifieds.com
Classifieds encourages open and candid communication in the Interactive
Areas, the MI-Classifieds.com Classifieds cannot determine in
advance the accuracy or conformance to this Agreement of any Content
transmitted in an Interactive Area. The MI-Classifieds.com Classifieds
is not responsible for screening, policing, editing, reviewing
or monitoring any Content in an Interactive Area. Notwithstanding
the above, you agree that MI-Classifieds.com 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, MI-Classifieds.com
may investigate the allegation and determine in its sole discretion
whether to remove or request the User to remove such Content.
The MI-Classifieds.com Classifieds 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 MI-Classifieds.com policy in effect at that time, (ii)
be harmful to the rights of any User, the MI-Classifieds.com Classifieds,
or other third parties, (iii) violate applicable law, or (iv)
be otherwise objectionable.
4. Termination
The only right with respect to dissatisfaction with any policies,
guidelines, or practices of the MI-Classifieds.com Classifieds
in operating the MI-Classifieds.com Classifieds, or any change
in Content, is for you to discontinue accessing the MI-Classifieds.com
Classifieds. The MI-Classifieds.com Classifieds may terminate
or temporarily suspend your access to all or any part of the MI-Classifieds.com
Classifieds, without notice, for conduct that the MI-Classifieds.com
Classifieds believes is a violation of this Agreement or any policies
or guidelines posted by the MI-Classifieds.com, or for other conduct
which the MI-Classifieds.com believes, in its sole discretion,
is harmful to the MI-Classifieds.com Classifieds or other Users.
The MI-Classifieds.com Classifieds may discontinue operating the
MI-Classifieds.com Classifieds 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
MI-Classifieds.com Classifieds, including the Interactive Areas,
and the restrictions imposed on you with respect to Content downloaded
from the MI-Classifieds.com Classifieds, as well as the disclaimers
and limitations of liabilities set forth in this agreement, shall
survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links.
You understand that except for Content, products or services expressly
available at the MI-Classifieds.com Classifieds, neither the MI-Classifieds.com,
its subsidiary and parent companies, or affiliates, or their respective
directors, officers, employees, and agents controls, provides,
or is responsible for any Content, goods or services available
through sites on the Internet linked to or from the MI-Classifieds.com
Classifieds. All such Content, goods and services are made accessible
on the Internet by independent third parties and are not part
of the MI-Classifieds.com Classifieds or controlled by the MI-Classifieds.com.
The MI-Classifieds.com Classifieds neither endorses nor is responsible
for the accuracy, completeness, usefulness, quality or availability
of any Content, goods or services available on any site linked
to or from the MI-Classifieds.com Classifieds, which are the sole
responsibility of such independent third parties, and your use
thereof is solely at your own risk. Neither the MI-Classifieds.com,
its subsidiary and parent companies, or affiliates, or their respective
directors, officers, employees, and agents shall be held responsible
or liable, directly or indirectly, for any loss or damage caused
or alleged to have been caused by your use of or reliance on any
Content, goods or services available on any site linked to or
from the MI-Classifieds.com Classifieds or your inability to access
the Internet or any site linked to or from the MI-Classifieds.com
Classifieds.
5.2 Disclaimer of Warranties.
Please use your best judgment in evaluating all information contained
or opinions expressed on the MI-Classifieds.com Classifieds. It
is the policy of the MI-Classifieds.com not to endorse or oppose
any opinion expressed by a User or Content provided by a User,
Contributor, or other independent party. YOU EXPRESSLY AGREE THAT
YOUR USE OF THE MI-Classifieds.com Classifieds IS AT YOUR SOLE
RISK. NEITHER THE MI-Classifieds.com 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 MI-Classifieds.com Classifieds OR ANY INTERNET
SITE LINKED TO OR FROM THE MI-Classifieds.com Classifieds 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 MI-Classifieds.com Classifieds
OR ANY INTERNET SITE LINKED TO OR FROM THE MI-Classifieds.com
Classifieds 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 MI-Classifieds.com Classifieds OR ANY SITE
LINKED TO OR FROM THE MI-Classifieds.com Classifieds. THE MI-Classifieds.com
Classifieds 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.
5.3 Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL THE MI-Classifieds.com Classifieds,
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 MI-Classifieds.com Classifieds,
OR ANY INTERNET SITE LINKED TO OR FROM THE MI-Classifieds.com
Classifieds, 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 MI-Classifieds.com , 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 MI-Classifieds.com
Classifieds OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE
LINKED TO OR FROM THE MI-Classifieds.com Classifieds. THE CONTENT
WITHIN THE MI-Classifieds.com Classifieds AND THE CONTENT WITHIN
INTERNET SITES LINKED TO OR FROM THE MI-Classifieds.com Classifieds
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 MI-Classifieds.com
Classifieds AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT.
THE MI-Classifieds.com Classifieds 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 MI-Classifieds.com
Classifieds IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT,
OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED
WITH ANY MI-Classifieds.com Classifieds SITE CONTENT, OR WITH
THE ACCESS AGREEMENT OF THE MI-Classifieds.com Classifieds, IN
WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE MI-Classifieds.com Classifieds.
6. Indemnity
You agree to indemnify and hold MI-Classifieds.com, 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 MI-Classifieds.com Classifieds or any Internet site linked
to or from the MI-Classifieds.com Classifieds, or in connection
with the transmission of any Content on the MI-Classifieds.com
Classifieds.
7. Miscellaneous
This Agreement comprises the entire agreement between the MI-Classifieds.com
Classifieds and you, and supersedes any prior agreements with
respect to the subject matter herein. The MI-Classifieds.com Classifieds
may revise this Agreement or any other policy at any time and
from time to time, and such revision shall be effective two (2)
days upon posting notice of such revision prominently on the MI-Classifieds.com
Classifieds. 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 MI-Classifieds.com
Classifieds. Your continued accessing and use of the MI-Classifieds.com
Classifieds following notice of any such revision shall conclusively
be deemed acceptance of all such revisions. The provisions of
Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 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 MI-Classifieds.com Classifieds
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
state or province of domicile of the MI-Classifieds.com Classifieds,
excluding its conflict of laws rules, and you and the MI-Classifieds.com
Classifieds 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 thereunder 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 MI-Classifieds.com Classifieds have been
done strictly for clarification and identification and does not
constitute endorsement by the MI-Classifieds.com Classifieds of
the products, services or information offered by the owner of
such trademark, service mark or link or endorsement of the MI-Classifieds.com
Classifieds by such trademark, service mark or link owner. |
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