Terms of Service
Classifieds
USFreeads terms of service
AGREEMENT
This Agreement sets forth the Standard Terms and Conditions that apply
to use of the USFreeads site.
YOUR USE OF THE USFREEADS SERVICES INDICATES YOUR AGREEMENT TO BE BOUND
BY THESE TERMS OF SERVICE.
TERMS AND CONDITIONS
You agree to familiarize yourself with the Terms of Service, and abide
by them if you choose to use the sites, or accept the services or benefits,
to which such terms apply.
MEMBER CONDUCT
You agree to abide by all applicable local, state, national and international
laws and regulations regarding your use of our service.
You agree to not place ads regarding adult services, products, or containing adult content in any shape or form.
You further agree to not place ads which contain slanderous or derogatory comments or content.
Classified ads that violate these terms of service and/or our spam policy will be deleted and your account will be closed without warning and without refund.
You agree not place ads that violate our spam policy for ad placing.
SERVICE
USFreeads reserves the right to remove any listings or advertisements
for any reason at our sole discretion. USFreeads, however, does not
have the responsibility of reading and monitoring all listings and advertisements.
MEMBERSHIP ELIGIBILITY
Our services are only available to individuals who can form legally
binding contracts under applicable law. Our services are only available
to minors under the supervision of the minor's parent/legal guardian.
By using this site you warrant that you are at least eighteen (18) years
of age.
Your account and User ID may not be transferred or sold to another
party.
You agree that, with respect to other users' personally identifiable
information that you obtain through the Site or through a USFreeads'
related communication or USFreeads-facilitated transaction, USFreeads
hereby grants to you a license to use such information only for USFreeads
related communications that are not unsolicited commercial messages
and for completing the transaction in question.
You warrant that the information you provide to us is complete, valid
and honest. If you provide any information that is untrue, not current
or incomplete, or USFreeads has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, USFreeads
has the right to refuse any and all current or future use of the USFreeads
(or any portion thereof) by you.
You may only upload content that belongs solely to you. You agree that
you will not upload any content that is in violation of any rights based
on copyright or trademark.
PAYMENT
Payments for purchases will be made by the Consumer directly to the
Seller. USFreeads is not involved in the payment transaction between
Consumer and Seller. USFreeads is not responsible for setting payment
terms, collecting or ensuring payments. The parties need to reach an
agreement on the pricing and the payment terms prior to the finalization
of the transaction.
RELEASE
USFreeads is not involved in the actual transaction between the parties.
As a result, USFreeads has no control over the quality, safety or legality
of the goods, services or transaction. USFreeads has no control over
payments made by the Consumer to the Seller. We cannot ensure that a
transaction will actually be completed. USFreeads cannot and does not
confirm each user's purported identity. Any agreements are solely between
the Consumer and the Seller. In the event that you have a dispute with
one or more users, you release USFreeads (and our officers, directors,
agents, subsidiaries and employees) from claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of
or in any way connected with such disputes. If you are unsure about
your purchase or sale, you are advised to seek the advice of competent
legal counsel before you sign a contract or otherwise finalize the transaction.
CONTENTS OF MESSAGES
You are responsible for the contents of your messages and the consequences
of any such messages. You agree that you will not use USFreeads for
chain letters, junk mail, "spamming", solicitations (commercial
or noncommercial) or any use of distribution lists to any person who
has not given specific permission to be included in such a process.
You further agree not to use USFreeads to send any messages or material
that are unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene or otherwise constitute a criminal offense, give rise
to civil liability or otherwise objectionable material of any kind or
nature or that encourages conduct that could constitute a criminal offense,
give rise to civil liability or otherwise violate any applicable local,
state, national or international law or regulation. USFreeads reserves
the right to terminate User's account if it becomes aware and determines,
in its sole discretion, that User is violating any of the foregoing
guidelines.
ACCOUNT AND PASSWORD
You are responsible for maintaining the confidentiality of your account
name and password. You are solely responsible for all uses of your account,
whether or not authorized by you. You agree to immediately notify USFreeads
of any unauthorized use of your account.
LINKS
The links on the USFreeads Web Site may let you leave the USFreeads
Web Site. You acknowledge that the linked sites are not under the control
of USFreeads and USFreeads is not responsible for the contents or operation
of any linked site or any link contained in a linked site, or any changes
or any updates of such sites. USFreeads is not responsible for web casting
or any other form of transmission received from any linked site. USFreeads
is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by USFreeads of the linked site
or any association with their operators.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the USFreeads Web Site you warrant to
USFreeads that you will not use the USFreeads Web Site for any unlawful
purpose.
RIGHTS GRANTED TO USFREEADS
By posting messages, uploading files, inputting data, submitting any
feedback or suggestions, or engaging in any other form of communication
with or through the USFreeads Web Site, you warrant and represent that
you own or otherwise control the rights necessary to do so and to grant
USFreeads the licenses set forth below. You hereby grant USFreeads and
its affiliated companies permission to:
1. Use, modify, copy, distribute, transmit,
publicly display, publicly perform, reproduce, publish, sub-license,
create derivative works from, transfer, or sell any such communication.
2. Sub-license to third parties the
unrestricted right to exercise any of the foregoing rights granted with
respect to the communication.
3. Publish your name in connection with
any such communication.
The foregoing grants shall include the right to exploit any intellectual
property or proprietary rights in such communication, including but
not limited to rights under copyright, trademark, service mark, or patent
laws under any relevant jurisdiction. No compensation will be paid or
due you with respect to USFreeads's or its sub- licensee's use of the
materials contained within such communication. USFreeads is under no
obligation to post or use any materials you may provide, and may remove
such materials at any time in USFreeads's sole discretion.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any
agency, legal representative, partnership, or other form of joint enterprise
between the parties. Neither party shall have authority to contract
for or bind the other in any manner whatsoever.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE USFREEADS SERVICE PROVIDED IS PROVIDED ON AN "AS IS",
"AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. USFREEADS EXPRESSLY
DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE USFREEADS SERVICE
WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE
OR WRITTEN INFORMATION GIVEN BY USFREEADS, ITS EMPLOYEES, LICENSORS
OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION
OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL USFREEADS, OR ITS
AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE
THE USFREEADS SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY
INFORMATION OBTAINED ON THE USFREEADS SERVICE; OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE
TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION,
OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD,
COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO
RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT
THIS PROVISION WILL APPLY WHETHER OR NOT USFREEADS IS GIVEN NOTICE OF
THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO
ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM AND ITS AFFILIATES.
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD
PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO FIVE HUNDRED DOLLARS ($500).
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT
FOR WHATEVER REASON.
COPYRIGHT AND TRADEMARKS
All contents of the USFreeads Web Site are proprietary to USFreeads,
and/or its suppliers and are protected under international Copyright
and Trademark law. All rights are reserved. USFreeads reserves any rights
not expressly granted herein.
PROMOTIONAL MESSAGES
USFreeads may, from time to time, send e-mail messages to Users regarding
Users account. USFreeads will not, however, provide your e-mail address
to third parties, nor send you promotional messages regarding third
party services not directly related to USFreeads.
REFUND POLICY
Because purchased services and subscriptions for the use of USFreeads are rendered and you have the use and receive the benefits of said services instantly, all payments are final and refunds cannot be granted.
CHARGEBACK POLICY
Chargebacks on Credit Cards for services provided will be defended if, in USFreeads reasonable opinion, the chargeback is not justified.
You acknowledge and specifically agree that chargebacks are unlawful if USFreeads services have been rendered.
USFreeads will use this document to dispute your chargeback with your bank and our processing company.
If a customer has a billing dispute with USFreeads, the customer must settle such dispute with USFreeads directly without initiating any chargeback procedures.
Any chargeback will evoke an automatic US$40 administration fee, without exception. In addition to legal fee's, any customer initiating a chargeback will be liable for the following charges via a collection agency:
Original value of service rendered
+
$25.00 chargeback fee
+ $30.00 recovery fee
+ $40.00 administrative fee
Your use of any services provided by USFreeads indicates your acceptance to pay the costs listed above.
In the event of a Chargeback being raised, or an outstanding debt at termination, USFreeads may, at our sole discretion, provide all relevant information to a 3rd party for the purposes of recovering the debt, or for the pursuit of civil or criminal proceedings.
Information provided will include personally identifiable information, including, but not limited to, Name, Address, IP Address, Credit Card information, Date of Birth, Social Security Number, National Insurance Number, Domain Names, adverts placed, services used, last usage data. USFreeads may also include any additional information found from, or provided by, other sources.
Note that a collection agency action may negatively impact your credit.
GOVERNING LAW
The laws of Great Britain shall govern this Agreement, and any dispute
arising from the relationship between the parties to this Agreement,
excluding any laws that direct the application of another jurisdiction's
laws. In any litigation, arbitration, or other proceeding by which one
party either seeks to enforce its rights under this Agreement (whether
in contract, tort, or both) or seeks a declaration of any rights or
obligations under this Agreement, the prevailing party shall be awarded
its reasonable attorney fees, and cost and expenses incurred, subject
to the Limitation of Liabilities clause. The parties consent to the
exclusive jurisdiction and venue of the courts of the Great Britain.
ARBITRATION
Any legal controversy or legal claim arising out of or relating to this
Agreement or our services shall be settled by binding arbitration. Any
such controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration shall be conducted in Great Britain,
as the parties to this agreement agree to be governed by the laws of
Great Britain. Either party may seek any interim or preliminary relief
from a court of competent jurisdiction in Great Britain necessary to
protect the rights or property of party pending the completion of arbitration.
The prevailing party from arbitration shall be entitled to reasonable
attorney's fees, which shall be set forth by the arbitrator(s). Judgment
upon the award rendered may be entered in any court in the state of
Great Britain with jurisdiction. The decision of the arbitrator shall
be final and binding on the parties. The parties shall bear equally
all fees, costs and expenses of the arbitration, and each party shall
bear its own legal expenses, attorneys fees, and costs of all experts
and witnesses, provided, however, the arbitration panel may apportion
between the parties, as said arbitrator may deem equitable, the cost
incurred by either party.
Should either party file an action contrary to this provision, the
other party may recover attorneys' fees and costs up to one thousand
($1000) dollars.
FORCE MAJEURE
If by reason of failures of telecommunications or internet service providers,
labor disputes, riots, inability to obtain labor or materials, earthquake,
fire or other action of the elements, accidents, governmental restrictions
or other causes beyond the control of USFreeads, USFreeads is unable
to perform in whole or in part its obligations as set forth in this
Agreement, then USFreeads shall be relieved of those obligations to
the extent it is so unable to perform and such inability to perform
shall not make USFreeads liable to the User.
SEVERABILITY
If any provisions of this Agreement shall be held to be invalid or unenforceable
for any reason, the remaining provisions shall continue to be valid
and enforceable. If a court finds that any provision of this Agreement
is invalid or unenforceable, but that by limiting such provision it
would become valid or enforceable, then such provision shall be deemed
to be written, construed, and enforced as so limited.
SURVIVABILITY
The terms of this Agreement apply to those obligations that survive
any cancellation, termination, or rescission, namely - confidentiality/non-disclosure,
warranty, indemnification, liability and limits thereon, rights and
obligations upon and following termination and assignment.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless USFreeads against any
and all claims, losses, liability costs and expenses (including but
not limited to reasonable attorneys' fees) arising from your violation
of these Terms and Conditions or any third-party's rights, (including,
without limitation, infringement of any copyright trademark, service
mark, trade secrets, right of privacy or publicity or any other third
party right). The terms of this section shall survive the termination
of your relationship with USFreeads.
HEADINGS
Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such action.
ASSIGNMENT
In the event of a merger or consolidation of USFreeads, the surviving
or new corporation and any subsidiaries are similarly subject to the
rights and obligations of this Agreement.
ENTIRE AGREEMENT
Unless otherwise specified herein, this Agreement constitutes the complete
and exclusive statement of the Agreement between the parties regarding
the products and services provided hereunder, and supercedes any prior
Agreements between the parties with respect thereto.
MODIFICATION OF TERMS
USFreeads reserves the right to modify this policy at any time and without
advance notice, effective upon making the modified provisions available
on the USFreeads Web Site. You are responsible for regularly reviewing
these documents. Continued use of the USFreeads Web Site after any such
changes shall constitute your consent to such changes. USFreeads does
not and will not assume any obligation to notify you of any changes
to the Terms of Service.
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