|
Terms of Use Almarcus Classifieds is a free public service of ALMARCUS.COM PLEASE NOTE All ads are shown for 90 days and then are removed. If your items have not sold within the 90 day time limit, please feel free to resubmit your ad for another 90 days, you may do this as many times as you wish. ALMARCUS.COM terms of use: AGREEMENT This Agreement sets forth the Standard Terms and Conditions that apply to use of the ALMARCUS.COM site. YOUR USE OF THE ALMARCUS.COM SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. TERMS AND CONDITIONS You agree to familiarize yourself with the Terms of Use, 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 and/or products. You further agree to not place ads which contain slanderous comments. All advertisements for adult products and/or services, or which contain slanderous comments, will be deleted and your account may be closed without warning. ALMARCUS.COM reserves the right to remove any listings or advertisements for any reason at our sole discretion. ALMARCUS.COM, 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 ALMARCUS.COM' related communication or ALMARCUS.COM-facilitated transaction, ALMARCUS.COM hereby grants to you a license to use such information only for ALMARCUS.COM 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 ALMARCUS.COM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ALMARCUS.COM has the right to refuse any and all current or future use of the ALMARCUS.COM (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. ALMARCUS.COM is not involved in the payment transaction between Consumer and Seller. ALMARCUS.COM 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 ALMARCUS.COM is not involved in the actual transaction between the parties. As a result, ALMARCUS.COM has no control over the quality, safety or legality of the goods, services or transaction. ALMARCUS.COM has no control over payments made by the Consumer to the Seller. We cannot ensure that a transaction will actually be completed. ALMARCUS.COM 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 ALMARCUS.COM (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 ALMARCUS.COM 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 ALMARCUS.COM 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. ALMARCUS.COM 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 ALMARCUS.COM of any unauthorized use of your account. LINKS The links on the ALMARCUS.COM Web Site may let you leave the ALMARCUS.COM Web Site. You acknowledge that the linked sites are not under the control of ALMARCUS.COM and ALMARCUS.COM 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. ALMARCUS.COM is not responsible for web casting or any other form of transmission received from any linked site. ALMARCUS.COM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ALMARCUS.COM of the linked site or any association with their operators. UNLAWFUL OR PROHIBITED USE As a condition of your use of the ALMARCUS.COM Web Site you warrant to ALMARCUS.COM that you will not use the ALMARCUS.COM Web Site for any unlawful purpose. RIGHTS GRANTED TO ALMARCUS.COM By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the ALMARCUS.COM Web Site, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant ALMARCUS.COM the licenses set forth below. You hereby grant ALMARCUS.COM 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 ALMARCUS.COM or its sub- licensee's use of the materials contained within such communication. ALMARCUS.COM is under no obligation to post or use any materials you may provide, and may remove such materials at any time in ALMARCUS.COM 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 ALMARCUS.COM 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. ALMARCUS.COM EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE ALMARCUS.COM SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ALMARCUS.COM, 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 ALMARCUS.COM, 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 ALMARCUS.COM SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE ALMARCUS.COM 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 ALMARCUS.COM IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM ALMARCUS.COM AND ITS AFFILIATES. COPYRIGHT AND TRADEMARKS All contents of the ALMARCUS.COM Web Site are proprietary to ALMARCUS.COM, and/or its suppliers and are protected under international Copyright and Trademark law. All rights are reserved. ALMARCUS.COM reserves any rights not expressly granted herein. PROMOTIONAL MESSAGES ALMARCUS.COM may, from time to time, send e-mail messages to Users regarding Users account. ALMARCUS.COM will not, however, provide your e-mail address to third parties, nor send you promotional messages regarding third party services not directly related to ALMARCUS.COM. INDEMNIFICATION You agree to defend, indemnify and hold harmless ALMARCUS.COM against any and all claims, losses, liability costs and expenses 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 ALMARCUS.COM. ASSIGNMENT In the event of a merger or consolidation of ALMARCUS.COM, 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 ALMARCUS.COM reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the ALMARCUS.COM Web Site. You are responsible for regularly reviewing these documents. Continued use of the ALMARCUS.COM Web Site after any such changes shall constitute your consent to such changes. ALMARCUS.COM does not and will not assume any obligation to notify you of any changes to the Terms of Service. |