Terms

Friday, September 3rd, 2010 at 10:37 pm

1. Acceptance of Terms

Users of DanvilleAds.com (Danville Ads) are subject to the following Terms. By using the site or services in any way, you agree to comply with these protocola. Should you encounter any violations of the listed guidelines, please Contact Us report such instances.

Should you not comply, your only option is to discontinue use of the site and the services offered by Danville Ads. We will not be held be liable for any loss or damage as a result of non-compliance, and it is the responsibility of the user to review these terms from time to time, to ensure that no changes to our policies have been put in place.

You understand, that unless expressly stated, Danville Ads in no way controls, verifies or endorses any of the information contained on or within the listings, links, messages, advertisements or reviews generated by contributors to the site.

2. Registration

Registration on www.DanvilleAds.com is only required to utilize the ability to submit listings. Should you opt to register, you must submit a valid e-mail address and select a username (a password will be sent to the email address you provided to authenticate the account). You are responsible for maintaining the confidentiality of your username and password, along with any unauthorized use of your account, whether or not you have authorized such use. You agree to notify us in the event of any unauthorized access to your account.

Danville Ads also reserves the right to refuse access to the site to any user, or to delete accounts created by users who take on the name, likeness, email address or other personally identifiable information of another individual.

3. Content

Understand that any and all listings, messages, text, files, images, photos, video, or other content  posted on, or linked from the site are the sole responsibility of the person or organization from whom such content was provided. Also, we are not responsible, nor do we control the content made available through user submission, and that by using DanvilleAds.com, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable.

Listings made available through the site may contain links to other online entities that are completely independent of  DanvilleAds.com. We make no representation or warranty to the accuracy, completeness or authenticity of the information contained on such sites. Under no circumstances will we be held liable in any way for any content or for any loss or damage incurred as a result of the utilization of any such information posted, emailed, linked or otherwise made available via the site.

Users understand and agree that any uploading or posting will be at your sole risk and Danville Ads shall not be held responsible to you in any way. Furthermore, we do not provide any warranty as to your use of third-party content or software that you obtain from the site.

You (the user) are fully responsible for any content submitted on the site and to the consequences associated with any such use. Although DanvilleAds.com does not claim ownership of user-generated content, by submitting content to the site, you automatically grant, and you represent and warrant that you have the right to grant, to Danville Ads, 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 such use through multiple tiers of the foregoing. You also understand and agree that we may delete any content for any reason.

4. User Conduct

Users agree to act responsibly and to treat other users with respect. You must agree to not use the site or services provided to harass or abuse others. Individuals who have harassed or abused the rules of conduct, with regard to others users may be blocked or removed from the site indefinitely.

You agree not to post, email, otherwise make available content, via www.DanvilleAds.com, that:

-Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable.
-Advertises any illegal services or the sale of any items prohibited or restricted by applicable law.
-Is harmful to minors or displays sexually explicit material of any kind.
-Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation.
-Transmits or posts any unsolicited or unauthorized advertising, “spam,” junk mail, “chain letters,” “pyramid schemes,” etc.
-Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
-Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the services offered within this site.
-Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without prior consent from Danville Ads.
-Contains personally identifiable information about another member that is published without their express consent.
-Contains material originally posted by another member that is reposted without permission or attribution.
-Has misleading email addresses or other manipulated identifiers to disguise its origin.
-Is purposefully posted in an irrelevant category or city, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our site infrastructure.

Additionally, you agree not to:

-Contact anyone who has asked not to be contacted.
-Stalk or otherwise harass any user whatsoever.
-Delete or revise any material posted by any other user.
-Impersonate any person or entity or falsely state or misrepresent your affiliation with another person or entity.
-Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the site.
-Attempt to gain unauthorized access Danville Ads computer systems or networks to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the services and or operations of the site

5. No Spam Policy

Users understand and agree that sending unsolicited email advertisements via contact forms, and or email addresses through proprietary computer systems, is strictly prohibited by these terms. Any unauthorized communication and or solicitation is in direct violation of these terms, along with federal and state laws, including without limitation, the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), and will be subject to prosecution to the fullest extent of the law.

6. Ownership

All right, title and interest in and to the site and the service are and will remain the exclusive property of DanvilleAds.com. Logos, icons and other marks identifying our brand, services or products are trademarks of Danville Ads, and may not be used without prior written permission. Except as otherwise expressly set forth in these terms, you may not copy reproduce, distribute, or create derivative works of the site without our express written authorization. All rights not expressly granted in these terms are reserved to Danville Ads.

We respects the intellectual property rights of others and expect users of the site to do the same. You may not post, distribute, or reproduce in any way, copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use. If you believe that through the our services, your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, immediately Contact Us. Filing such notices of infringement requires compliance with the guidelines specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site.

7. Dealings with organizations or individuals

Danville Ads shall not be held liable for your interactions with any organizations and or individuals found on the site through our offerings. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These agreements are solely between you (the user) and such organizations and or individuals. You agree that DanvilleAds.com is not responsible for any damage or loss incurred as a result of any such dealings. We are under under no such obligation to become involved in disputes between participants on the site, or between participants on the site and any third party. In the event of any such dispute, you release Danville Ads, its employees, associates and successors in rights from claims, damages and demands of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our site offerings.

8. Limitation & Termination of Service

You acknowledge that Danville Ads may establish limits concerning use of the services offered within the site. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted via our service. You also acknowledge that the representatives of DanvilleAds.com reserve the right at any time to modify or discontinue the service (or any part thereof) with or without prior notice, and that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

You agree that Danville Ads, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the site, immediately and without notice, and remove and discard any content produced within the site, for any reason, including, without limitation, if DanvilleAds.com believes that you have acted inconsistently with the stated terms mentioned within this agreement. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the site. Furthermore, you agree not to attempt to use the site or the service after said termination.

9. Privacy & Information Disclosure

Danville Ads has a Privacy Policy that explains to users how their information is collected and used. Your use of the site signifies acknowledgment, understanding and agreement to the privacy policy stated within.

Users further acknowledge that DanvilleAds.com may, in its sole discretion, preserve or disclose your content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, in order to enforce these terms, respond to claims that any content violates the right of third parties – or to protect the rights, property, or personal safety of the site, its users or the general public.

10. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE SERVICE OR THE CONTENT IS AT YOUR SOLE 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 FILES, SOFTWARE, SERVICES AND OR ANY GRAPHICS OR OTHER CONTENT. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. Danville ADS, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER Danville ADS, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SITE, THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Danville ADS ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. Limitations on Liability

IN NO EVENT SHALL Danville ADS, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATE OR BUSINESS OPPORTUNITY, EVEN IF Danville ADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, Danville ADS SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. YOU AGREE THAT THE AGGREGATE LIABILITY OF Danville ADS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, THE SERVICE OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO Danville ADS, IF ANY, FOR ACCESS TO AND USE OF THE SITE, THE SERVICE OR THE CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Danville ADS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnity

YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD Danville ADS HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST Danville ADS ARISING OUT OF YOUR USE OF THE SERVICE OR THE SITE.

13. General Information

These terms are governed in all respects by the laws of the State of Pennsylvania, U.S.A, without reference to its conflicts of laws, principles and any dispute arising hereunder shall be submitted to state and federal courts within the state of Pennsylvania and you consent to the exclusive jurisdiction of such courts. If any provision of these terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Failure on behalf of DanvilleAds.com to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer these terms or any rights hereunder, and any attempt to the contrary is void. These terms shall inure to the benefit of and be binding upon each party’s successors and assigns. DanvilleAds.com shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond reasonable control of the site. Any notice required or given to you under these terms shall be delivered by electronic mail at the e-mail address provided by you during registration. These terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.

14. Professional User

-All fees incurred are strictly non-refundable, in whole or in part, even if the service is suspended or canceled prior to the end of your monthly or annual plan.
-Any subscription based services automatically renew upon expiration. This means that unless you cancel your account or subscription prior to its expiration, your account will automatically renew for another week, month, year, or period of time previously outlined at the time the subscription was placed. At the time of renewal, your credit card will be charged the then-current fees to renew the services outlined within the agreement.

Comments are closed.