1.
Acceptance of Terms of Use and Amendments.
Each time you use or cause access to this web site, you agree to be bound by
these Terms of Use, and as amended from time to time with or without notice to
you. In addition, if you are using a particular service on or through this web
site, you will be subject to any rules or guidelines applicable to those
services and they shall be incorporated by reference into these Terms of Use.
Please see our Privacy
policy, which is incorporated into these Terms of Use by reference.
2. Our
Service.
Our web site and services provided to you on and through our web site on an
"AS IS" basis. You agree that the owners of this web site exclusively
reserve the right and may, at any time and without notice and any liability to
you, modify or discontinue this web site and its services or delete the data
you provide, whether temporarily or permanently. We shall have no responsibility
or liability for the timeliness, deletion, failure to store, inaccuracy, or
improper delivery of any data or information.
3. Your
Responsibilities and Registration Obligations.
In order to use this web site, you must register on our site, agree to provide
truthful information when requested, and be at least the age of eighteen (18)
or older. When registering, you explicitly agree to our Terms of Use and as may
be modified by us from time to time and available here.
4.
Privacy Policy.
Registration data and other personally identifiable information that we may
collect is subject to the terms of our Privacy policy.
5.
Registration and Password.
You are responsible to maintain the confidentiality of your password and shall
be responsible for all uses via your registration and/or login, whether
authorized or unauthorized by you. You agree to immediately notify us of any
unauthorized use or your registration, user account or password.
6. Your
Conduct.
You agree that all information or data of any kind, whether text, software,
code, music or sound, photographs or graphics, video or other materials
("Content"), publicly or privately provided, shall be the sole
responsibility of the person providing the Content or the person whose user
account is used. You agree that our web site may expose you to Content that may
be objectionable or offensive. We shall not be responsible to you in any way
for the Content that appears on this web site nor for any error or omission.
You
explicitly agree, in using this web site or any service provided, that you
shall not: (a) provide any Content or perform
any conduct that may be unlawful, illegal, threatening, harmful, abusive,
harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene,
offensive, objectionable, pornographic, designed to or does interfere or
interrupt this web site or any service provided, infected with a virus or other
destructive or deleterious programming routine, give rise to civil or criminal
liability, or which may violate an applicable local, national or international
law; (b) impersonate or misrepresent your
association with any person or entity, or forge or otherwise seek to conceal or
misrepresent the origin of any Content provided by you; (c) collect or harvest any data
about other users; (d) provide or use this web site and
any Content or service in any commercial manner or in any manner that would
involve junk mail, spam, chain letters, pyramid schemes, or any other form of
unauthorized advertising without our prior written consent; (e) provide any Content that may
give rise to our civil or criminal liability or which may constitute or be
considered a violation of any local, national or international law, including
but not limited to laws relating to copyright, trademark, patent, or trade
secrets.
7.
Submission of Content on this Web Site.
By providing any Content to our web site: (a) you agree to grant to us a
worldwide, royalty-free, perpetual, non-exclusive right and license (including
any moral rights or other necessary rights) to use, display, reproduce, modify,
adapt, publish, distribute, perform, promote, archive, translate, and to create
derivative works and compilations, in whole or in part. Such license will apply
with respect to any form, media, technology known or later developed; (b) you warrant and represent that
you have all legal, moral, and other rights that may be necessary to grant us
with the license set forth in this Section 7; (c) you acknowledge and agree that
we shall have the right (but not obligation), in our sole discretion, to refuse
to publish or to remove or block access to any Content you provide at any time
and for any reason, with or without notice.
8. Third
Party Services.
Goods and services of third parties may be advertised and/or made available on
or through this web site. Representations made regarding products and services
provided by third parties are governed by the policies and representations made
by these third parties. We shall not be liable for or responsible in any manner
for any of your dealings or interaction with third parties.
9.
Indemnification.
You agree to indemnify and hold GetItGone.LLC harmless, our subsidiaries,
affiliates, related parties, officers, directors, employees, agents,
independent contractors, advertisers, partners, and co-branders from any claim
or demand, including reasonable attorney's fees, that may be made by any third
party, that is due to or arising out of your conduct or connection with this
web site or service, your provision of Content, your violation of this Terms of
Use or any other violation of the rights of another person or party.
10.
DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR
CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO
YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND GetItGone.LLC
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT.
GetItGone.LLC
MAKES NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE
UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF
ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU
UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE
PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY
OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY
KIND.
Some
jurisdictions may not allow disclaimers of implied warranties and the above
disclaimer may not apply to you only as it relates to implied warranties.
11.
LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GetItGone.LLC SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY
TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES
RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING
TO THE SERVICE.
In some
jurisdictions, it is not permitted to limit liability and therefore such
limitations may not apply to you.
12.
Reservation of Rights.
GetItGone.LLC reserve all of our rights, including but not limited to any and
all copyrights, trademarks, patents, trade secrets, and any other proprietary
right that we may have in our web site, its content, and the goods and services
that may be provided. The use of our rights and property requires our prior
written consent. We are not providing you with any implied or express licenses
or rights by making services available to you and you will have no rights to
make any commercial uses of our web site or service without our prior written
consent.
13.
Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be
considered copyright infringement or a violation of your intellectual property
rights, our copyright agent may be contacted at the following address:
14.
Applicable Law.
You agree that this Terms of Use and any dispute arising out of your use of
this web site or our products or services shall be governed by and construed in
accordance with local laws where the headquarters of the owner of this web site
is located, without regard to its conflict of law provisions. By registering or
using this web site and service you consent and submit to the exclusive
jurisdiction and venue of the county or city where the headquarters of the
owner of this web site is located.
15. Cancellation
Policy.
Ads prepared and submitted to GetItGone.net may be cancelled at any time. Ads
cancelled prior to acceptance and publishing will not incur any charges. Ads
cancelled after acceptance and publishing will be removed from viewing. Ads may
be modified at any time and submitted for review again.
16.
Copyright.
All material on World Wide Web site, located at the Internet address of http://getitgone.net/
or http://www.classifieds.com/ is protected under United States and International
copyright laws. No portion may be copied, reproduced, or redistributed in any
manner, whatsoever, without specific consent or licensing from the copyright
owners. Any and all other product and company names within may be the
trademarks of their respective owners.
All rights reserved.
17. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts with any law under which any
provision may be held invalid by a court with jurisdiction over the parties,
such provision will be interpreted to reflect the original intentions of the
parties in accordance with applicable law, and the remainder of this Terms of
Use will remain valid and intact; (ii) The failure of either party to assert
any right under this Terms of Use shall not be considered a waiver of any that
party's right and that right will remain in full force and effect; (iii) You
agree that without regard to any statue or contrary law that any claim or cause
arising out of this web site or its services must be filed within one (1) year
after such claim or cause arose or the claim shall be forever barred; (iv) We
may assign our rights and obligations under this Terms of Use and we shall be
relieved of any further obligation.
