TERMS OF USE
1. ACCEPTANCE OF
TERMS
listingtown.com,
a service of Anti-Cube Labs, LLC, a Texas limited liability company, 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 listingtown.com
services, you agree to abide by any applicable posted guidelines for all listingtown.com
services, which may change from time to time.
Should you object to any term or condition of the TOU, any guidelines,
or any subsequent modifications thereto or become dissatisfied with listingtown.com
in any way, your only recourse is to immediately discontinue use of listingtown.com. Listingtown.com has the right, but is not
obligated, to strictly enforce the TOU through self-help, community moderation,
active investigation, litigation and prosecution.
2. MODIFICATIONS
TO THIS AGREEMENT
listingtown.com 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:
http://www.listingtown.com/Home/TOU
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. Furthermore, the listingtown.com site and
Content available through the Service may contain links to other websites,
which are completely independent of listingtown.com. listingtown.com 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 listingtown.com 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 listingtown.com does not pre-screen or approve Content, but
that listingtown.com 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 listingtown.com
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 listingtown.com, 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 agree that listingtown.com
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 listingtown.com is under no obligation to become involved. You hereby
release listingtown.com, 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."
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe
that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please notify listingtown.com's agent for
notice of claims of copyright or other intellectual property infringement
("Agent"), at
flag@listingtown.com
Please provide
our Agent with the following Notice:
a) Identify the
material on the listingtown.com site that you claim is
infringing, with enough
detail so that we may locate it on the website;
b) A statement by
you that you have a good faith belief that the disputed
use is not
authorized by the copyright owner, its agent, or the law;
c) A statement by
you declaring under penalty of perjury that (1) the above
information in your Notice
is accurate, and (2) that you are the owner of
the copyright
interest involved or that you are authorized to act on behalf
of that owner;
d) Your address,
telephone number, and email address; and
e) Your physical
or electronic signature.
listingtown.com will remove the
infringing posting(s), subject to the the procedures
outlined in the Digital Millenium Copyright Act (DMCA).
6. 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;
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 forthe
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 thebasis
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 listingtown.com
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 advertises any illegal service or the sale of any items
the sale of which is prohibited or restricted by any applicable law;
m) 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;
n) 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
o) 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:
q) contact anyone who has asked not to be contacted, or make
unsolicited contact with anyone for any commercial purpose;
r) "stalk" or otherwise harass anyone;
s) collect personal data about other users for commercial or
unlawful
purposes;
t) use automated means, including spiders, robots, crawlers,
data mining tools, or the like to download data from the Service - unless
expressly permitted by listingtown.com;
u) 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;
v) attempt to
gain unauthorized access to listingtown.com 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 listingtown.com
website; or
w) use any form
of automated device or computer program that enables the submission of postings
on listingtown.com 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.
7. 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.
8. LIMITATIONS ON
SERVICE
You acknowledge
that listingtown.com 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 listingtown.com has no responsibility or
liability for the deletion or failure to store any Content maintained or
transmitted by the Service. You acknowledge that listingtown.com reserves the
right at any time to modify or discontinue the Service (or any part thereof)
with or without notice, and that listingtown.com shall not be liable to you or
to any third party for any modification, suspension or discontinuance of the
Service.
9. TERMINATION OF
SERVICE
You agree that listingtown.com,
in its sole discretion, has the right (but not the obligation) to delete or
deactivate your account, immediately and without notice, and remove and discard
any Content within the Service, for any reason, including, without limitation,
if listingtown.com believes that you have acted inconsistently with the letter
or spirit of the TOU. Further, you agree that listingtown.com shall not be
liable to you or any third-party for any termination of your access to the
Service.
10. 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 listingtown.com. You further agree not
to reproduce, duplicate or copy Content from the Service without the express
written consent of listingtown.com, 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. Although listingtown.com 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 listingtown.com 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 listingtown.com 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.
11. DISCLAIMER OF
WARRANTIES
YOU AGREE THAT
USE OF THE LISTINGTOWN.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE
LISTINGTOWN.COM 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, LISTINGTOWN.COM
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY,
AND PERFORMANCE OF THE LISTINGTOWN.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, LISTINGTOWN.COM
DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE LISTINGTOWN.COM SITE OR THE SITES OR SERVICE, OR ACCESSED
THROUGH ANY LINKS ON THE LISTINGTOWN.COM SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, LISTINGTOWN.COM DISCLAIMS ANY
WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE LISTINGTOWN.COM
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.
12. LIMITATIONS OF LIABILITY
UNDER NO
CIRCUMSTANCES SHALL LISTINGTOWN.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LISTINGTOWN.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR
USE OF THE LISTINGTOWN.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM
USE OR MISUSE OF THE LISTINGTOWN.COM LIST SITE OR THE SERVICE, FROM INABILITY
TO USE THE LISTINGTOWN.COM SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE LISTINGTOWN.COM 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 LISTINGTOWN.COM SITE
OR THE SERVICE OR ANY LINKS ON THE LISTINGTOWN.COM SITE, AS WELL AS BY REASON
OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH
THE LISTINGTOWN.COM SITE OR THE SERVICE OR ANY LINKS ON THE LISTINGTOWN.COM 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.
13. INDEMNITY
You agree to
indemnify and hold listintown.com, its officers, subsidiaries, affiliates,
successors, assigns, directors, officers, agents, service providers, suppliers
and employees, harmless from any claim or demand, including reasonable attorney
fees and court costs, made by any third party due to or arising out of Content
you submit, post or make available through the Service, your use of the
Service, your violation of the TOU, your breach of any of the representations
and warranties herein, or your violation of any rights of another.
14. GENERAL
INFORMATION
The TOU
constitute the entire agreement between you and listingtown.com and govern your
use of the Service, superceding any prior agreements
between you and listingtown.com. The TOU and the relationship between you and listingtown.com
shall be governed by the laws of the State of Texas without regard to its
conflict of law provisions. You and listingtown.com agree to submit to the
personal and exclusive jurisdiction of the courts located within Travis County,
Texas. The failure of listingtown.com to exercise or enforce any right or
provision of the TOU shall not constitute a waiver of such right or provision.
If any provision of the TOU is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of the TOU remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the TOU must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
15. VIOLATION OF
TERMS AND LIQUIDATED DAMAGES
Please report any
violations of the TOU, by flagging the posting(s) for
review, or by emailing
to:
flag@listingtown.com
Our failure to
act with respect to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches.
You understand
and agree that, because damages are often difficult to quantify,
if it becomes
necessary for listingtown.com to pursue legal action to enforce these
Terms, you will
be liable to pay listingtown.com the following amounts as liquidated
damages, which you
accept as reasonable estimates of listingtown.com’s damages
for
the specified
breaches of these Terms:
a. If you post a
message that (1) impersonates any person or entity; (2) falsely states or
otherwise misrepresents your affiliation with a person or entity; or (3) that
includes personal or identifying information about another person without that
person's explicit consent, you agree to pay listingtown.com one thousand
dollars ($1,000) for each such message.
This provision does not apply to Content that constitutes lawful
non-deceptive parody of public figures.
d. If you post
Content in violation of the TOU, other than as described above, you agree to
pay listingtown.com one hundred dollars ($100) for each Item of Content
posted. In its sole discretion, listingtown.com
may elect to issue a warning before assessing damages.
f. If you
aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any
purpose any Content (except for your own Content) in violation of these Terms
without listingtown.com’s express written permission,
you agree to pay listingtown.com three thousand dollars ($3,000) for each day
on which you engage in such conduct.
Otherwise, you
agree to pay listingtown.com actual damages, to the extent such actual damages
can be reasonably calculated, as well as listingtown.com’s
reasonable attorney’s fees and cost of court. Notwithstanding any other
provision of these Terms, listingtown.com retains the right to seek the remedy
of specific performance of any term contained in these Terms, or a preliminary
or permanent injunction against the breach of any such term or in aid of the
exercise of any power granted in these Terms, or any combination thereof.
16. SEVERABILITY
You acknowledge that if any provision of this agreement is deemed unenforceable, the other provisions remain in force.
