This web site, www.theworldforsale.com (hereinafter "web site"), is a venue to allow for the placement of low cost advertisements. In order to place an ad in our venue you agree to abide by the terms set forth in this Web Site Usage Policy, our User Agreement, and our Disclaimer and Ad Cancellation Policy, and you further agree to abide by them without reservation. You further agree that you are of legal age to enter into a legally binding contract, and that any ad that you place, view, or respond to is in no way misleading, offensive, racist, fraudulent, sexually explicit, or illegal. User Agreement As Posted on April 08, 2004.
USER AGREEMENT
This User Agreement (hereinafter "Agreement") is between The World For Sale.com, Inc. (hereinafter "site owner") and any person or entity (hereinafter "you") wishing to access or make use of the website www.theworldforsale.com (hereinafter "web site") in any way and for any purpose. The website is a venue to allow the placement of low cost advertisements (or "ads") to anyone, anywhere at any time.
By accessing any page contained on this website or by using the website or placing an advertisement herein, you agree to abide by the terms set forth in this Agreement and agree that you have read and become familiar with our Disclaimer and Ad Cancellation Policy as well as our Web Site Usage Policy which are incorporated herein by reference. You fully agree to abide by this Agreement without reservation. If you do not agree to be bound by the terms and conditions of this Agreement, you must not use, access, or advertise on the web site.
You certify and agree that you are of legal age to enter into a legally binding contract, and that by accessing, using, or placing an advertisement on the web site, you may be providing personal contact information that becomes publicly available and/or may be provided with contact information for third parties who have placed their publicly available contact information on the website for the exclusive purpose of entering into a contract for the sale of goods or services as contained and/or described herein. You agree that the site owner's role in any communication between you and any third party that places an ad or otherwise accesses this site is limited to providing a venue for the initial contact between you and such third party by providing initial information about an offered good or service and contact information, as provided in an advertisement. Such contact information may comprise a telephone/fax number, e-mail/postal address, or any other means of initial contact. You agree that the site owner is not a party or otherwise involved in any other part of an ensuing communication, contract, or other transaction, whether or not such communication, contract, or other transaction is fully or in part due to information from an advertisement contained on the web site.
You agree that site owner has no control over the quality, safety or legality of the items advertised, the truth or accuracy of any advertisements contained on the web site, the ability of advertisers to sell items or the ability of buyers to pay for items or services. The site owner cannot ensure that a buyer or seller will actually complete a transaction. THE SITE OWNER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE THE WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, OR STATUTORY. THE SITE OWNER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE SITE OWNER FURTHER OFFERS NO GUARANTEE OR WARRANTY WITH RESPECT TO ANY GOOD OR SERVICE OFFERED ON THE WEB SITE OR TO THE VERACITY OF ACCURACY OF ANY AD CONTAINED HEREIN.
You agree to conduct business transactions with advertisers or buyers who advertise or contact you based on an advertisement contained in the web site at your own risk. You further agree to indemnify and hold harmless the site owner and any other entity in affiliation therewith from any contractual breach, injury, misdescription, or other harm that occurs as a direct or indirect result of supplying or accessing information contained on this web site. In addition, by advertising or accessing information contained on the web site, you agree to indemnify and hold harmless the site owner and any affiliated entity from any harm or liability subjected upon the site owner or such affiliated entity, including all judgments, claims, demands, and reasonable attorneys fees, that are the result of your advertising, access, or other use of the web site, including but not limited to breach of contract, breach of this Agreement or documents incorporated by reference, illegal or false representations in advertising, obscenity, illegality in your jurisdiction of items or services advertised, improper or unpermitted usage of web site materials, infringement or violation of patented, trademarked, or copyrighted information, articles, or materials, or information or materials that are subject to trade secret or other applicable non-disclosure restrictions.
IN NO EVENT SHALL THE SITE OWNER OR ANY AFFILIATED ENTITY BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING THROUGH OUR NEGLIGENCE. OUR LIABILITY, AND THE LIABILITY OF ANY AFFILIATED PERSON OR ENTITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY or $100.
By accessing or advertising on the web site, you agree that no advertisement contained herein is to be construed as an offer for sale by any party, and that no contract can be formed merely by acceptance of any terms or conditions contained in any advertisement on the web site. You agree that any contract entered into between a party that accesses an advertisement on the web site and any party that places an advertisement on the web site can only be entered into after at least one party first makes a separate communication to at least one other party involved in a prospective transaction and a separate acceptance communication by the other party is made. You agree that the site owner does not become an involved party to any aspect of any ensuing contract. No party may rely on the price term or any other detail of a transaction as is described on the web site for entering into a contractual agreement, and you agree that the site owner is not responsible for any price term, description or other detail that is listed on the web site, including any detail that is incorrectly included as part of a contract as a direct or indirect result thereof.
You agree that the site owner reserves the right to edit the content of any advertisement or to restrict access to any selected advertisement for any reason, and you further agree to hold the site owner harmless for any adverse consequences, including those resulting from any inaccuracy regarding an advertised item or service, that results therefrom. In the event that you and any third party enter into a contract as a direct or indirect result of information contained in the web site, you agree that proper arrangements for the payment of applicable tax, shipping, handling, or other incidental costs will be the exclusive responsibility of the buyer and seller in the transaction.
You further agree that neither the site owner nor any affiliated entity is an agent of you or of any third party that is accessing or advertising on the web site. You, the site owner, and any such third party are each to be deemed independent contractors. By accessing or advertising on the web site, you warrant that you are legally capable of advertising, reviewing, buying or selling the item(s) or service(s) that you review or advertise on the web site. You are responsible for determining whether any activity you undertake with respect to the web site, including buying, selling, advertising, and reviewing of any item or service listed thereon, is in conformance with the applicable laws of your jurisdiction. You further warrant to site owner that any activity you undertake with respect to the web site is in full compliance with such applicable laws. If you are advertising an item or service for sale, you may include only descriptions, graphics, pictures, or other content relevant to the sale of the item or service listed. Such an item or service must be listed in an appropriate category on the web site, and if listed in multiple categories, must have a listing that is identical for each category. You further agree not to interfere with the offering of any other item or service by another on the web site either by placing an interfering advertisement or by any other means.
The site owner may terminate or suspend an advertisement that you place on the web site, or restrict access to the web site, for any reason. Normally, the web site owner will not provide a written or oral reason for any such suspension, termination, or restriction, unless the web site owner, at its sole discretion and prerogative, determines that it is in the best interests of the web site owner or another party to communicate its reasoning accordingly. It is the policy of the site owner to prohibit advertising that the site owner deems is related primarily to political, religious, ideological, sexually explicit, offensive, obscene, vulgar, racist, illegal, fraudulent, derogatory, or any other non-commercial purposes.
From time to time, the site owner may amend terms of this agreement, which as amended shall become immediately and automatically effective upon being posted on the web site. This Agreement may not otherwise be amended except in a writing signed by both you and the site owner. This Agreement becomes immediately effective upon your accessing, using, or placing of an advertisement in any area of the web site.
This Agreement is to be construed in accordance with the laws of the Commonwealth of Pennsylvania. You agree that in the event any dispute arises between you and the site owner, you consent to jurisdiction of the courts having jurisdiction in Erie, Pennsylvania, without regard to any choice of law principles that may direct the application of laws of another jurisdiction.
In the event that any term or condition of this Agreement is found to be invalid or unenforceable, the same shall be stricken from the Agreement, and all remaining terms will remain in full force and effect. |
Disclaimer and Ad Cancellation Policy As Posted on April 08, 2004.
Disclaimer and Ad Cancellation Policy
This Disclaimer and Ad Cancellation Policy includes all disclaimers, policies and provisions of our User Agreement and our Web Site Usage Policy, which are incorporated herein by reference.
In deciding whether to place or access an advertisement (ad) on the www.theworldforsale.com (hereinafter "web site") and/or to purchase any good or service offered therein, any user or entity ("you") using or accessing the web site should use the same discretion you would use in buying or selling from any newspaper classified. The World for Sale.com, Inc. (hereinafter "site owner") is not responsible in any way for the fitness, sale, collection of funds, explicit or implied warranties, merchantability or other condition of any good, service, or real estate offered for sale on the web site. Site owner will not act to resolve any dispute that arises between any seller or buyer using the web site and will in no event act as an arbitrator in the event of such a dispute. FOR REAL ESTATE, AS WELL AS FOR GOODS AND SERVICES, OFFERED FOR SALE ON THE WEB SITE THERE IS NO WARRANTY OF TITLE OR OWNERSHIP OFFERED BY SITE OWNER. SITE OWNER HEREBY DISCLAIMS ALL EXPLICIT AND IMPLIED WARRANTIES ASSOCIATED WITH THE SALE OR PURCHASE OF REAL ESTATE ON THE WEB SITE. Neither the web site or site owner are affiliated with any real estate agency and do not provide realty services or support.
In the event that any advertisement includes an e-mail address or internet link or address, site owner is not responsible for any misuse. It is your responsibility to ensure that any e-mail, web site, link or e-mail attachment you view, send or access is free of any virus or defect, and you assume all risks associated with any such electronic communication that results, either directly or indirectly, from your use of the web site. Site owner is not responsible for any loss or damage arising in any way from receipt, use, error, omission, or undesired electronic communication that is associated with the use of the web site.
The web site is hosted by rainworx.com (hereinafter "web host") and there is no affiliation between web host and site owner. You agree that site owner is not responsible for downtime beyond the reasonable control of site owner including times in which the web site is down or otherwise inaccessible. The site owner is not liable to you or any other party for loss of business, revenue, financial gain or otherwise, due to downtime by the web host's servers or any other reason. In the event that the web site is down or inaccessible for any reason and for any amount of time, including reasons that are within the control of site owner, neither you nor any other party is entitled to compensation, refunds, offsets, or deductions by the site owner, and you assume all risk with respect to the accessibility of the web site. In no event shall your obligations under the User Agreement, or this Disclaimer and Ad Cancellation Policy, be terminated for any temporary inaccessibility of the web site.
Site owner reserves the right to cancel or edit any advertisement, message or photo contained within the web site if site owner, in the exercise of its discretion, in any way finds the ad, message, or photo to be misleading, negligent, racist, fraudulent, offensive, sexually explicit, illegal, political, religious, ideological, derogatory, and/or placed for any non-commercial purpose. An ad may be cancelled at any time due to these activities and any, and all monies collected by site owner from you shall be forfeited and will become the property of site owner.
In keeping with the User Agreement, the following types of advertisements will not normally be allowed and be subject to cancellation and forfeiture of any fee paid to site owner: · X-rated films, videos, books, tapes and software. · Fireworks, ammunitions, and other explosives. · Alcohol, tobacco, firearms, illegal drugs, or associated paraphernalia. · Non-charitable lotteries, raffles, and games of chance. · Advertisements which contain sexually explicit language, description, or which otherwise are inconsistent with the policies set forth in the User Agreement. · "Non-ads," including postings that offer no merchandise or service opportunities, such as those ads which criticize another advertisement or good or service offered for sale on the web site. · Advertisements that are fraudulent or involve the sale of illegal, stolen or counterfeit items or services, items infringing the copyrights, patents, trademarks, trade secrets, or other proprietary rights or rights of publicity or privacy of others, items or services offered in violation of applicable export controls, or any item or service that you are legally or contractually barred from offering for sale.
In addition, an advertisement must meet the following requirements to avoid being edited or cancelled/deleted:
a) The advertisement must be listed in an appropriate category that specifically matches what is being advertised;
b) The advertisement must not contain a disparaging remark or comment about another person, advertisement, or group. Negative editorial comments about such persons, advertisements, or groups are strictly prohibited; and
c) In addition to adhering to all provisions of the User Agreement and this Cancellation Policy and Disclaimer, ads must not constitute invitations to criminal activity or solicitations for criminal confessions. |
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