ACCEPTANCE OF TERMS
- ACCEPTANCE OF TERMS
Welcome to ClassifyMe. ClassifyMe provides its service to you,
subject to the following Terms of Service ("TOS"), which may be updated from
time to time without notice to you. You can review the most current version of the TOS at
any time. In addition, when using a
particular ClassifyMe service, you shall be subject to any posted guidelines or rules
applicable to such services, which may be posted. All such guidelines or rules are hereby
incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
ClassifyMe currently provides users with a vast array of services ranging from buying
and selling to advertising and beyond. Unless stated otherwise, any new features that
enhance the current Service, including the release of new ClassifyMe properties, shall be
subject to the TOS. You understand and agree that the Service is provided
"AS-IS" and that ClassifyMe assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or personal settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly
or through devices that access web-based content, and pay any service fees associated with
such access. In addition, you must provide all equipment necessary to make such connection
to the World Wide Web, including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Service's registration
form (such information being the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or incomplete, or
ClassifyMe has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, ClassifyMe has the right to suspend or terminate your account
and refuse any and all current or future use of the Service (or any portion thereof).
4. CLASSIFYME PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy
Policy. The information you provide to
ClassifyMe will not be sold, traded or used in any marketing programs unrelated to the
specific services we render.
5. ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing our registration
process. You are responsible for maintaining the confidentiality of the password and
account, and are fully responsible for all activities that occur under your password or
account. You agree to (a) immediately notify ClassifyMe of any unauthorized use of your
password or account or any other breach of security.
ClassifyMe cannot and will not be liable for any loss or damage arising from
your failure to comply with this Section 5.
6. CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person from which such
Content originated. This means that you, and not ClassifyMe, are entirely responsible for
all Content that you upload, post, email, transmit or otherwise make available via the
Service. ClassifyMe does not control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content. Under no circumstances
will ClassifyMe be liable in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage of any kind incurred as
a result of the use of any Content posted, emailed, transmitted or otherwise made
available via the Service.
You acknowledge that ClassifyMe does not pre-screen Content, but that ClassifyMe and
its designees shall have the right (but not the obligation) in their sole discretion to
refuse or move any Content that is available via the Service. Without limiting the
foregoing, ClassifyMe and its designees shall have the right to remove any Content that
violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear
all risks associated with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content.
You acknowledge and agree that ClassifyMe may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third-parties; or (d)
protect the rights, property, or personal safety of ClassifyMe, its users and the public.
You understand that the technical processing and transmission of the Service, including
your Content, may involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical data exported from the United
States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
ClassifyMe does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or make available
for inclusion on publicly accessible areas of the Service, you grant ClassifyMe the
following worldwide, royalty free and non-exclusive license(s), as applicable.
9. INDEMNITY
You agree to indemnify and hold ClassifyMe, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit or make available through the Service, your use of the
Service, your connection to the Service, your violation of the TOS, or your violation of
any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that ClassifyMe may establish general practices and limits concerning
use of the Service. You agree that ClassifyMe
has no responsibility or liability for the deletion or failure to store any messages and
other communications or other Content maintained or transmitted by the Service. You
acknowledge that ClassifyMe reserves the right to log off accounts that are inactive for
an extended period of time. You further acknowledge that ClassifyMe reserves the right to
change these general practices and limits at any time, in its sole discretion, with or
without notice.
12. MODIFICATIONS TO SERVICE
ClassifyMe reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that ClassifyMe shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
13. TERMINATION
You agree that ClassifyMe, in its sole discretion, may terminate your password, account
(or any part thereof) or use of the Service, and remove and discard any Content within the
Service, for any reason, including, without limitation, for lack of use or if ClassifyMe
believes that you have violated or acted inconsistently with the letter or spirit of the
TOS. ClassifyMe may also in its sole discretion and at any time discontinue providing the
Service, or any part thereof, with or without notice. You agree that any termination of
your access to the Service under any provision of this TOS may be effected without prior
notice, and acknowledge and agree that ClassifyMe may immediately deactivate or delete
your account and all related information and files in your account and/or bar any further
access to such files or the Service. Further, you agree that ClassifyMe shall not be
liable to you or any third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree that
ClassifyMe shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of such advertisers on
the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web
sites or resources. Because ClassifyMe has no control over such sites and resources, you
acknowledge and agree that ClassifyMe is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible or liable for any
Content, advertising, products, or other materials on or available from such sites or
resources. You further acknowledge and agree that ClassifyMe shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such Content, goods or services available
on or through any such site or resource.
16. CLASSIFYME'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other laws. You
further acknowledge and agree that Content contained in sponsor advertisements or
information presented to you through the Service or advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by ClassifyMe or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on the Service or the
Software, in whole or in part.
ClassifyMe grants you a personal, non-transferable and non-exclusive right and license
to use the object code of its Software on a single computer; provided that you do not (and
do not allow any third party to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use modified versions of
the Software, including (without limitation) for the purpose of obtaining unauthorized
access to the Service. You agree not to access the Service by any means other than through
the interface that is provided by ClassifyMe for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. |
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. CLASSIFYME EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. |
b. |
CLASSIFYME MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED. |
c. |
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL. |
d. |
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
CLASSIFYME OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS. |
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CLASSIFYME SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF CLASSIFYME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages,
alerts or other information from the Service concerning companies, stock quotes,
investments or securities, please read the above Sections 17 and 18 again. They go doubly
for you. In addition, for this type of information particularly, the phrase "Let the
investor beware" is apt. The Service is provided for informational purposes only, and
no Content included in the Service is intended for trading or investing purposes.
ClassifyMe and its licensors shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted or made available via the
Service, and shall not be responsible or liable for any trading or investment decisions
made based on such information.
21. NOTICE
Notices to you may be made via either email or regular mail. The Service may also
provide notices of changes to the TOS or other matters by displaying notices or links to
notices to you generally on the Service.
22. TRADEMARK INFORMATION
ClassifyMe, the ClassifyMe logo, and other ClassifyMe logos and product and service
names are trademarks of ClassifyMe. Without
ClassifyMe's prior permission, you agree not to display or use in any manner, the
ClassifyMe Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
ClassifyMe respects the intellectual property of others, and we ask our users to do the
same. If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide ClassifyMe the following information:
- an
electronic or physical signature of the person authorized to act on behalf of the owner of
the copyright interest;
- a
description of the copyrighted work that you claim has been infringed;
- a
description of where the material that you claim is infringing is located on the site;
- your
address, telephone number, and email address;
- 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;
- a
statement by you, made under penalty of perjury, that the above information in your Notice
is accurate and that you are the copyright owner or authorized to act on the copyright
owner's behalf.
ClassifyMe can be reached via email at admin@classifyme.com or via the mail at: PO Box 3612, Hayden, Idaho 83835.
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and ClassifyMe and govern your use
of the Service, superceding any prior agreements between you and ClassifyMe. You also may
be subject to additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. The TOS and the relationship
between you and ClassifyMe shall be governed by the laws of the State of Idaho without
regard to its conflict of law provisions. You and ClassifyMe agree to submit to the
personal and exclusive jurisdiction of the courts located within Kootenai County, Idaho.
The failure of ClassifyMe to exercise or enforce any right or provision of the TOS shall
not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS 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 TOS must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual
effect.
25. VIOLATIONS
Please report any violations of the TOS to our company at admin@classifyme.com
|
