Terms
This Agreement sets forth the Standard Terms and Conditions that apply to use of the FreeClassifiedsPlace.com site.
YOUR USE OF FREECLASSIFIEDSPLACE.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 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.
You agree not place ads that violate our spam policy for ad placing.
SERVICE
FreeClassifiedsPlace.com reserves the right to remove any listings or advertisements for any
reason at our sole discretion. FreeClassifiedsPlace.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 FreeClassifiedsPlace.com' related communication or FreeClassifiedsPlace.com-facilitated transaction, FreeClassifiedsPlace.com hereby grants to you a license to use such information only for FreeClassifiedsPlace.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 FreeClassifiedsPlace.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FreeClassifiedsPlace.com has the right to refuse any and all current or future use of the FreeClassifiedsPlace.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.
FreeClassifiedsPlace.com is not involved in the payment transaction between Consumer and
Seller. FreeClassifiedsPlace.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
FreeClassifiedsPlace.com is not involved in the actual transaction between the parties. As a
result, FreeClassifiedsPlace.com has no control over the quality, safety or legality of the
goods, services or transaction. FreeClassifiedsPlace.com has no control over payments made by
the Consumer to the Seller. We cannot ensure that a transaction will actually be
completed. FreeClassifiedsPlace.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 FreeClassifiedsPlace.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 FreeClassifiedsPlace.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 FreeClassifiedsPlace.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. FreeClassifiedsPlace.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 FreeClassifiedsPlace.com of any
unauthorized use of your account.
LINKS
The links on the FreeClassifiedsPlace.com Web Site may let you leave the FreeClassifiedsPlace.com Web Site.
You acknowledge that the linked sites are not under the control of FreeClassifiedsPlace.com and
FreeClassifiedsPlace.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. FreeClassifiedsPlace.com is not responsible for web casting or any other form of
transmission received from any linked site. FreeClassifiedsPlace.com is providing these links
to you only as a convenience, and the inclusion of any link does not imply
endorsement by FreeClassifiedsPlace.com of the linked site or any association with their
operators.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the FreeClassifiedsPlace.com Web Site you warrant to FreeClassifiedsPlace.com
that you will not use the FreeClassifiedsPlace.com Web Site for any unlawful purpose.
RIGHTS GRANTED TO FreeClassifiedsPlace.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
FreeClassifiedsPlace.com Web Site, you warrant and represent that you own or otherwise control
the rights necessary to do so and to grant FreeClassifiedsPlace.com the licenses set forth
below. You hereby grant FreeClassifiedsPlace.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 FreeClassifiedsPlace.com's or its sub- licensee's use of the materials contained within such communication. FreeClassifiedsPlace.com is under no obligation to post or use any materials you may provide, and may remove such materials at any time in FreeClassifiedsPlace.com'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 FREECLASSIFIEDSPLACE.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. FREECLASSIFIEDSPLACE.COM EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY
THAT THE FREECLASSIFIEDSPLACE.COM SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED.
NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY FREECLASSIFIEDSPLACE.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 FREECLASSIFIEDSPLACE.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 FREECLASSIFIEDSPLACE.COM SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE FREECLASSIFIEDSPLACE.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 FREECLASSIFIEDSPLACE.COM 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 FreeClassifiedsPlace.com Web Site are proprietary to FreeClassifiedsPlace.com, and/or its
suppliers and are protected under international Copyright and Trademark law. All
rights are reserved. FreeClassifiedsPlace.com reserves any rights not expressly granted herein.
PROMOTIONAL MESSAGES
FreeClassifiedsPlace.com may, from time to time, send e-mail messages to Users regarding Users
account. FreeClassifiedsPlace.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 FreeClassifiedsPlace.com.
REFUND POLICY
Because purchased services and subscriptions for the use of FreeClassifiedsPlace.com are
rendered and you have the use and receive the benefits of said services
instantly, all payments are final and refunds are at the discretion of
management.
CHARGEBACK POLICY
Chargebacks on Credit Cards for services provided will be defended if, in
FreeClassifiedsPlace.com reasonable opinion, the chargeback is not justified.
You acknowledge and specifically agree that chargebacks are unlawful if
FreeClassifiedsPlace.com services have been rendered.
FreeClassifiedsPlace.com will use this document to dispute your chargeback with your bank and
our processing company.
If a customer has a billing dispute with FreeClassifiedsPlace.com, the customer must settle
such dispute with FreeClassifiedsPlace.com 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 FreeClassifiedsPlace.com indicates your acceptance to pay
the costs listed above.
In the event of a Chargeback being raised, or an outstanding debt at
termination, FreeClassifiedsPlace.com 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. FreeClassifiedsPlace.com 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 California 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 state of
California.
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 California, as the parties to
this agreement agree to be governed by the laws of California. Either party
may seek any interim or preliminary relief from a court of competent
jurisdiction in California 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 California 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 FreeClassifiedsPlace.com, FreeClassifiedsPlace.com is unable to perform in whole
or in part its obligations as set forth in this Agreement, then FreeClassifiedsPlace.com shall
be relieved of those obligations to the extent it is so unable to perform and
such inability to perform shall not make FreeClassifiedsPlace.com 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 FreeClassifiedsPlace.com 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 FreeClassifiedsPlace.com.
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 FreeClassifiedsPlace.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
FreeClassifiedsPlace.com reserves the right to modify this policy at any time and without
advance notice, effective upon making the modified provisions available on the
FreeClassifiedsPlace.com Web Site. You are responsible for regularly reviewing these documents.
Continued use of the FreeClassifiedsPlace.com Web Site after any such changes shall constitute
your consent to such changes. FreeClassifiedsPlace.com does not and will not assume any
obligation to notify you of any changes to the Terms of Service.