forsalebyfans provides a collection of online resources, including
classified
ads, forums, and various email services, (referred to hereafter as "the
Service") subject to the following Terms of Use ("TOU"). By using the
Service
in any way, you are agreeing to comply with the TOU. In addition, when
using
particular forsalebyfans services, you agree to abide by any applicable
posted
guidelines for all forsalebyfans services, which may change from time to
time.
Should you object to any term or condition of the TOU, any guidelines,
forsalebyfans
or any subsequent modifications thereto or become dissatisfied with
in any way, your only recourse is to immediately discontinue use of
forsalebyfans.
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. You can find
the
most recent version of the TOU at:
3. CONTENT
You understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("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
forsalebyfans 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 forsalebyfans site and Content available
through
the Service may contain links to other websites, which are completely
independent of forsalebyfans. forsalebyfans makes no representation or
warranty as
to the accuracy, completeness or authenticity of the information contained
in any such site. 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 forsalebyfans 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 forsalebyfans does not pre-screen or approve Content, but that
forsalebyfans
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.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The forsalebyfans site and Content available through the Service may
contain
features and functionalities that may link you or provide you with access
to third party content which is completely independent of forsalebyfans,
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 forsalebyfans 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 forsalebyfans is under no obligation
to
become involved. In the event that you have a dispute with one or more
other
users, you hereby release forsalebyfans, 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. If you are a California resident,
you
waive California Civil Code Section 1542, which says: "A general release
does
not extend to claims which the creditor does not know or suspect to exist
in
his favor at the time of executing the release, which, if known by him
must
have materially affected his settlement with the debtor."
6. PRIVACY AND INFORMATION DISCLOSURE
Your use of the forsalebyfans website or the Service signifies
acknowledgement of
and agreement to our Privacy Policy. You further acknowledge and agree
that
forsalebyfans 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 forsalebyfans, its
users or
the general public.
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any
way;
b) 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;
c) 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;
d) 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);
e) 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.
f) with respect to employers that employ four or more employees, that
violates the anti-discrimination provision of the Immigration and
Nationality Act, including requiring U.S. 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.
g) that impersonates any person or entity, including, but not limited to,
a
forsalebyfans 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.);
h) that includes personal or identifying information about another person
without that person's explicit consent;
i) that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";
j) 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;
k) that constitutes or contains "affiliate marketing," "link
referral code,"
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation
if:
posted in areas of the forsalebyfans sites which are not designated for
such
purposes; or emailed to forsalebyfans users who have not indicated in
writing that
it is ok to contact them about other services, products or commercial
interests.
m) that includes links to commercial services or web sites, except as
allowed
in "services";
n) 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
California
law. A partial list of prohibited items for sale and prohibited services
offered is provided at the following web address for your
o) 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;
p) 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
q) 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:
r) contact anyone who has asked not to be contacted;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful
purposes;
u) use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - unless expressly
permitted by forsalebyfans;
v) 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;
w) post the same item or service in more than one classified category or
forum, or in more than one metropolitan area;
x) attempt to gain unauthorized access to forsalebyfans 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
forsalebyfans website; or
y) use any form of automated device or computer program that enables the
submission of postings on forsalebyfans 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.
8. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to
forsalebyfans email addresses or through forsalebyfans computer systems,
which is
expressly prohibited by these TOU, will use or cause to be used servers
located in California. Any unauthorized use of forsalebyfans
computer systems
is a violation of the TOU and certain federal and state laws, including
without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et
seq.), Section 502 of the California Penal Code and Section 17538.45 of
the
California Business and Professions Code. Such violations may
subject the
sender and his or her agents to civil and criminal penalties.
9. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee
is an access fee permitting Content to be posted in a designated area.
Each party posting Content to the Service is responsible for said Content
and compliance with the TOU. All fees paid will be non-refundable in the
event that Content is removed from the Service for violating the TOU.
10. LIMITATIONS ON SERVICE
You acknowledge that forsalebyfans 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
forsalebyfans
has no responsibility or liability for the deletion or failure to store
any
Content maintained or transmitted by the Service. You acknowledge that
forsalebyfans reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that
forsalebyfans
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
11. ACCESS TO THE SERVICE
forsalebyfans 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
forsalebyfans.
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.
forsalebyfans 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).You may also
create a hyperlink to the home page of forsalebyfans sites so long
as the
link does not portray forsalebyfans, its employees, or its affiliates in a
false, misleading, derogatory, or otherwise offensive manner.
forsalebyfans 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. forsalebyfans 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 'forsalebyfans' as the source, (d) your use or
display does not suggest that forsalebyfans 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
forsalebyfans systems. forsalebyfans 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
forsalebyfans 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 forsalebyfans.
12. TERMINATION OF SERVICE
You agree that forsalebyfans, 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 forsalebyfans believes that you have acted inconsistently with the
letter or
spirit of the TOU. Further, you agree that forsalebyfans 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.
Sections 2, 4, 6 and 12-18 shall survive termination of the TOU.
13. 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
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 forsalebyfans. You further agree not to reproduce,
duplicate or copy Content from the Service without the express written
consent of forsalebyfans, 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. forsalebyfans™ is a registered mark in the
U.S. Patent
and Trademark Office.
Although forsalebyfans 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
forsalebyfans 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 forsalebyfans 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.
14. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE forsalebyfans SITE AND THE SERVICE IS ENTIRELY
AT
YOUR OWN RISK. THE forsalebyfans 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,
forsalebyfans DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE forsalebyfans SITE AND
THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, forsalebyfans
DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON
THE
forsalebyfans SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS
ON
THE forsalebyfans SITE. TO THE FULLEST EXTENT PERMITTED BY LAW,
forsalebyfans
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE forsalebyfans 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.
15. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL forsalebyfans BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF
forsalebyfans
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE forsalebyfans SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE forsalebyfans SITE OR THE
SERVICE, FROM
INABILITY TO USE THE forsalebyfans SITE OR THE SERVICE, OR THE
INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE forsalebyfans
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 forsalebyfans SITE OR THE SERVICE OR ANY
LINKS ON THE forsalebyfans SITE, AS WELL AS BY REASON OF ANY INFORMATION
OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE forsalebyfans
SITE
OR THE SERVICE OR ANY LINKS ON THE forsalebyfans 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.