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Please read this Agreement carefully before accessing GoTagSale.com.
As a condition to and in consideration of receiving and accessing
GoTagSale.com, the User agrees to be bound by the terms of this
Agreement. Use of or access to GoTagSale.com shall constitute
acceptance of and agreement to be bound by this Agreement. IF YOU DO
NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS GoTagSale.com.
If you have any questions about this Agreement, please contact us
via e-mail at webmaster@GoTagSale.com.
GoTagSale.com Access Agreement
THIS AGREEMENT "Agreement" is entered into by and between
GoTagSale.com and any individual, corporation, association, agency,
company, or other entity that accesses or uses the GoTagSale.com
site (the "User" or "you").
GoTagSale.com is a World Wide Web site on the Internet that is
designed to allow users to post classified ads and/or to view
classifieds ads posted by other users or interact with those users.
GoTagSale.com is owned and operated by GoTagSale.com. GoTagSale.com
contains or may contain information, communications, opinions, text,
graphics, links, electronic art, animations, audio, video, software,
photos, music, sounds and other material and data (collectively,
"Content") formatted, organized and collected in a variety of forms
that are generally accessible to Users, including directories and
databases, and areas of GoTagSale.com that can be modified by Users,
such as posting ads, uploading multimedia files, registering user
profiles, and creating Auto-Notify profiles ("Interactive Areas").
1. User Rights and Responsibilities
1.1 Access to GoTagSale.com.
You are responsible for providing all hardware, software, telephone
or other communications equipment and/or service to connect to the
Internet and access GoTagSale.com and are responsible for all
Internet access charges, telephone charges or other fees or charges
incurred in connecting to the Internet and accessing GoTagSale.com.
1.2 User Conduct.
You agree to access and use GoTagSale.com only for lawful purposes.
You are solely responsible for the knowledge of and adherence to any
and all laws, statutes, rules and regulations, pertaining to (i)
your use of GoTagSale.com, including any Interactive Area, (ii) the
use of any networks or other services connected to GoTagSale.com,
and (iii) the communications means by which you connect your modem,
computer, or other equipment to GoTagSale.com. By accessing
GoTagSale.com, you agree that you will not:
(1) Restrict or inhibit any other user from using and enjoying the
Interactive Features;
(2) post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane, or indecent
information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability or
otherwise violate any local, state, national, or international law;
(3) post or transmit any information, software, or other material
which violates or infringes in the rights of others, including
material which is an invasion of privacy or publicity rights or
which is protected by copyright, trademark or other proprietary
right, or derivative works with respect thereto, without first
obtaining permission from the owner or right holder.
(4) Post or transmit any information, software or other material
which contains a virus or other harmful component;
(5) alter, damage or delete any Content or other communications that
are not your own Content or otherwise interfere with the ability of
others to access GoTagSale.com;
(6) disrupt the normal flow of communication in an Interactive Area;
(7) Claim a relationship with or to speak for any business,
association, institution or other organization for which you are not
authorized to claim such a relationship;
(8) Violate any operating rule, policy or guideline of your Internet
access provider or online service.
2. Intellectual Property Rights
2.1 GoTagSale.com content.
(a) You acknowledge that Content on GoTagSale.com is generally
provided by GoTagSale.com, individual contributors of Content
("Contributors"), third party licensees, and/or other Users. You
acknowledge that GoTagSale.com permits access to Content that is
protected by copyrights, trademarks, and other proprietary
(including intellectual property) rights ("Intellectual Property
Rights"), and that these Intellectual Property Rights are valid and
protected in all media existing now or later developed and except as
is explicitly provided below, your use of Content shall be governed
by applicable copyright and other intellectual property laws. You
acknowledge that GoTagSale.com owns a copyright in the "look and
feel," i.e., the selection, coordination, arrangement and
presentation of such Content.
(b) You may not modify, copy, reproduce, transmit, distribute,
publish, create derivative works from, display or otherwise transfer
or commercially exploit any of the Content, in whole or in part,
provided, however, that you may (i) make a reasonable number of
digital or other form of copies to permit your computer hardware and
software to access and view the Content, (ii) print one copy of each
piece of Content, (iii) make and distribute a reasonable number of
copies of Content, in whole or in part, in hard copy or electronic
form for internal use only. Any permitted copies of Content must
reproduce in an unmodified form any notices contained in the
Content, such as all Intellectual Property Right notices, and an
original source attribution to "GoTagSale.com" and its URL address.
You acknowledge that GoTagSale.com, its Contributors, and/or Users
remain the owners of the Content and that you do not acquire any
Intellectual Property Rights by downloading or printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit post,
publish, reproduce or distribute, on or through GoTagSale.com only
Content that is not subject to any Intellectual Property Rights or
Content in which any holder of Intellectual Property Rights has
given express authorization for distribution over the Internet and
on GoTagSale.com, without restriction whatsoever. Any Content
submitted with the consent of a copyright owner other than you
should contain a phrase such as "Copyright owned by [name of owner];
Used by Permission." By submitting Content to any Interactive Area,
you automatically grant and/or warrant that the owner of such
Content, whether it be You or a third party, has expressly granted
to GoTagSale.com the royalty-free, perpetual, irrevocable,
non-exclusive, unrestricted, worldwide right and license to use,
reproduce, modify, adapt, publish, translate, create derivative
works from, sublicense, distribute, perform, and display such
Content, in whole or in part, worldwide and/or to incorporate it in
other works in any form, media, or technology now known or later
developed for the full term of any Intellectual Property Rights that
may exist in such Content. You also permit GoTagSale.com to
sublicense to third parties the unrestricted right to exercise any
of the foregoing rights granted with respect to such Content. You
also permit any User to access, view, and store and reproduce the
Content for personal use.
3. Interactive Areas
You acknowledge that GoTagSale.com may include various interactive
areas ("Interactive Areas"), including but not limited to classified
ads. These Interactive Areas allow feedback to GoTagSale.com. You
further understand that GoTagSale.com does not control the messages,
information, or files delivered to such Interactive Areas and that
GoTagSale.com may offer you and other Users the capability of
creating and managing an Interactive Area. However, neither
GoTagSale.com, its subsidiary and parent companies, or affiliates,
nor their respective directors, officers, employees and agents are
responsible for Content within any Interactive Area. Your use and/or
management of an Interactive Area will be governed by this Agreement
and any additional rules or operating procedures of any Interactive
Area established by you or another User, as applicable. You
recognize that GoTagSale.com cannot, and does not intend to, screen
communications in advance. Moreover, because GoTagSale.com
encourages open and candid communication in the Interactive Areas,
GoTagSale.com cannot determine in advance the accuracy or
conformance to this Agreement of any Content transmitted in an
Interactive Area. GoTagSale.com is not responsible for screening,
policing, editing, reviewing or monitoring any Content in an
Interactive Area. Notwithstanding the above, you agree that
GoTagSale.com has the right to monitor any Interactive Area, from
time to time and to disclose any information as necessary to satisfy
any law, regulation or other governmental request, to operate the
Interactive Area, or to protect itself or other Users. If notified
of Content that is alleged not to conform to this Agreement,
GoTagSale.com may investigate the allegation and determine in its
sole discretion whether to remove or request the User to remove such
Content. GoTagSale.com reserves the right to prohibit conduct,
communication or Content within an Interactive Area, or to edit,
refuse to post, or to remove any Content, in whole or in part, which
it deems in its sole discretion to (i) violate the then-standard
provisions of this Agreement or any other standard, written
GoTagSale.com policy in effect at that time, (ii) be harmful to the
rights of any User, GoTagSale.com, or other third parties, (iii)
violate applicable law, or (iv) be otherwise objectionable.
4. Termination
The only right with respect to dissatisfaction with any policies,
guidelines, or practices of GoTagSale.com in operating
GoTagSale.com, or any change in Content, is for you to discontinue
accessing GoTagSale.com.
GoTagSale.com may terminate or temporarily suspend your access to
all or any part of GoTagSale.com, without notice, for conduct that
GoTagSale.com believes is a violation of this Agreement or any
policies or guidelines posted by GoTagSale.com, or for other conduct
which GoTagSale.com believes, in its sole discretion, is harmful to
GoTagSale.com or other Users. GoTagSale.com may discontinue
operating GoTagSale.com and terminate this Agreement without notice
at any time for any reason in its sole discretion. In the event of
termination, you are no longer authorized to access GoTagSale.com,
including the Interactive Areas, and the restrictions imposed on you
with respect to Content downloaded from GoTagSale.com, as well as
the disclaimers and limitations of liabilities set forth in this
agreement, shall survive.
5. Links; Disclaimers of Warranties; Limitations of
Liability
5.1 Links.
You understand that except for Content, products or services
expressly available at GoTagSale.com, neither GoTagSale.com, its
subsidiary and parent companies, or affiliates, or their respective
directors, officers, employees, and agents controls, provides, or is
responsible for any Content, goods or services available through
sites on the Internet linked to or from GoTagSale.com. All such
Content, goods and services are made accessible on the Internet by
independent third parties and are not part of GoTagSale.com or
controlled by GoTagSale.com. GoTagSale.com neither endorses nor is
responsible for the accuracy, completeness, usefulness, quality or
availability of any Content, goods or services available on any site
linked to or from GoTagSale.com, which are the sole responsibility
of such independent third parties, and your use thereof is solely at
your own risk. Neither GoTagSale.com, its subsidiary and parent
companies, or affiliates, or their respective directors, officers,
employees, and agents shall be held responsible or liable, directly
or indirectly, for any loss or damage caused or alleged to have been
caused by your use of or reliance on any Content, goods or services
available on any site linked to or from GoTagSale.com or your
inability to access the Internet or any site linked to or from the
GoTagSale.com site.
5.2 Disclaimer of Warranties.
Please use your best judgment in evaluating all information
contained or opinions expressed on GoTagSale.com. It is the policy
of GoTagSale.com not to endorse or oppose any opinion expressed by a
User or Content provided by a User, Contributor, or other
independent party. You expressly agree that your use of
GoTagSale.com is at your sole risk. Neither GoTagSale.com nor any of
its subsidiary and parent companies, or affiliates, or their
respective directors, officers, employees, agents, contractors,
affiliates, licensors or other suppliers providing content, data,
information or services warrants that GoTagSale.com or any internet
site linked to or from GoTagSale.com will be uninterrupted or error
free, that defects will be corrected, or that this site, including
the interactive areas, or the server that makes it available are
free of viruses or other harmful components. nor do any of them make
any warranty as to the results that may be obtained from the use of
GoTagSale.com or any internet site linked to or from GoTagSale.com
or as to the timeliness, sequence, accuracy, authority,
completeness, usefulness, no infringement, reliability,
availability, or substance of any content, information, service, or
transaction provided through GoTagSale.com or any site linked to or
from GoTagSale.com is provided on an "as is," "as available" basis,
without warranties of any kind, either express or implied,
including, without limitation, those of merchantability and fitness
for a particular purpose.
5.3 Limitation of Liability.
Under no circumstances shall GoTagSale.com, its subsidiary and
parent companies, or affiliates, or their respective directors,
officers, employees, agents, contractors, or licensors, be liable
for any incidental, special or consequential damages under or
arising from this agreement, whether for breach of contract,
tortuous behavior, negligence, or under any other cause of action,
including without limitation, any liability for damages caused or
allegedly caused by any failure of performance, error, omission,
interruption, electrical surge/damage/interference, deletion,
defect, delay in operation or transmission, computer virus,
communications line failure, breakdown of equipment, software error,
infringement, unauthorized access to, or theft, destruction,
alteration, or use of, records.
Under no circumstances shall GoTagSale.com, its subsidiary and
parent companies, or affiliates, or their respective directors,
officers, employees, agents, contractors, or licensors, be liable to
you or any other third party for any decision made or action taken
by you in reliance on the content contained within GoTagSale.com or
the content contained within any internet site linked to or from
GoTagSale.com. The content within GoTagSale.com and the content
within internet sites linked to or from GoTagSale.com may include
technical or other inaccuracies or typographical errors. Changes are
periodically added to the content herein; these changes will be
incorporated in new versions of GoTagSale.com and specifically are
included in this section agreement. GoTagSale.com and its
contributors may make improvements and/or changes in the content at
any time and from time to time.
You specifically acknowledge and agree that GoTagSale.com is
not liable for any defamatory, offensive, fraudulent, or otherwise
illegal conduct of any user. If you are dissatisfied with any
gotagsale.com site content, or with the access agreement of
GoTagSale.com, in whole or in part, your sole and exclusive remedy
is to discontinue using GoTagSale.com.
6. Indemnity
You agree to indemnify and hold harmless GoTagSale.com, its parent
or subsidiary companies and their affiliates, and their respective
directors, officers, employees, and agents from any and all
liabilities, claims and expenses, including reasonable attorneys
fees, arising from breach of this Agreement, any other policy, your
use or access of GoTagSale.com or any Internet site linked to or
from GoTagSale.com, or in connection with the transmission of any
Content on GoTagSale.com.
7. Miscellaneous
This Agreement comprises the entire agreement between GoTagSale.com
and You, and supersedes any prior agreements with respect to the
subject matter herein. GoTagSale.com may revise this Agreement or
any other policy at any time and from time to time, and such
revision shall be effective two (2) days upon posting notice of such
revision prominently on GoTagSale.com. You agree to review this
Agreement periodically to be aware of such revisions. If any such
revision is unacceptable to you, you must discontinue accessing
GoTagSale.com. Your continued
accessing and use of GoTagSale.com following notice of any such
revision shall conclusively be deemed acceptance of all such
revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3,
6 and 7 shall survive the termination or expiration of this
Agreement. If any provision of this Agreement or any other policy be
held invalid or unenforceable, that portion shall be construed in
accordance with applicable law as nearly as possible to reflect the
original intention of the parties and the remaining portions will
continue in full force and effect. The failure of GoTagSale.com to
insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or
right. This Agreement shall be governed by the laws of the state or
province of domicile of GoTagSale.com, excluding its conflict of
laws rules, and you and GoTagSale.com each submit to the exclusive
jurisdiction of the courts of that state or province. This Agreement
is personal to you and you may not assign your rights or obligations
there under to anyone. All logos, brand names, products, trademarks
and service marks appearing herein may be the trademarks or service
marks of their respective owners. References to any trademark,
service mark and links to or from GoTagSale.com have been done
strictly for clarification and identification and does not
constitute endorsement by GoTagSale.com of the products, services or
information offered by the owner of such trademark, service mark or
link or endorsement of GoTagSale.com by such trademark, service mark
or link owner. |
