Sitereleases.com Access
Agreement
Please read this Agreement
carefully before accessing the Sitereleases.com. As a condition to and in
consideration of receiving and accessing the Sitereleases.com, the User agrees
to be bound by the terms of this Agreement. Use of or access to the
Sitereleases.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
THE Sitereleases.com. If you have any questions about this Agreement, please
contact us via e-mail at support@sitereleases.com.
Sitereleases.com Access
Agreement
THIS AGREEMENT
"Agreement" is entered into by and between Sitereleases.com and any
individual, corporation, association, agency, company, or other entity who
accesses or uses the Sitereleases.com (the "User" or "you").
The Sitereleases.com, which is
provided without charge to you, 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. The Sitereleases.com is
owned and operated by Sitereleases.com. The Sitereleases.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 the Sitereleases.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 the
Sitereleases.com.
You are responsible for providing
all hardware, software, telephone or other communications equipment and/or
service to connect to the Internet and access the Sitereleases.com and are
responsible for all Internet access charges, telephone charges or other fees or
charges incurred in connecting to the Internet and accessing the
Sitereleases.com.
1.2 User Conduct.
You agree to access and use the
Sitereleases.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 the Sitereleases.com, including any Interactive
Area, (ii) the use of any networks or other services connected to the
Sitereleases.com, and (iii) the communications means by which you connect your
modem, computer, or other equipment to the Sitereleases.com. By accessing the
Sitereleases.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 to otherwise
interfere with the ability of others to access the Sitereleases.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 Sitereleases.com content.
(a) You acknowledge that Content on
the Sitereleases.com is generally provided by the Sitereleases.com, individual
contributors of Content ("Contributors"), third party licensees,
and/or other Users. You acknowledge that the Sitereleases.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 the
Sitereleases.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 "The Sitereleases.com" and its URL address. You
acknowledge that the Sitereleases.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 the Sitereleases.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 the Sitereleases.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 the Sitereleases.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 the Sitereleases.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, store and reproduce the
Content for personal use.
3. Interactive Areas
You acknowledge that the
Sitereleases.com may include various interactive areas ("Interactive
Areas"), including but not limited to classified ads. These Interactive
Areas allow feedback to the Sitereleases.com and real-time interaction between
users. You further understand that the Sitereleases.com does not control the
messages, information, or files delivered to such Interactive Areas and that the
Sitereleases.com may offer you and other Users the capability of creating and
managing an Interactive Area. However, neither the Sitereleases.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 the Sitereleases.com cannot, and does not intend to, screen
communications in advance. Moreover, because the Sitereleases.com encourages
open and candid communication in the Interactive Areas, the Sitereleases.com
cannot determine in advance the accuracy or conformance to this Agreement of any
Content transmitted in an Interactive Area. The Sitereleases.com is not
responsible for screening, policing, editing, reviewing or monitoring any
Content in an Interactive Area. Notwithstanding the above, you agree that the
Sitereleases.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, the Sitereleases.com may investigate the allegation and
determine in its sole discretion whether to remove or request the User to remove
such Content. The Sitereleases.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 Sitereleases.com policy in effect at that time, (ii) be
harmful to the rights of any User, the Sitereleases.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 the
Sitereleases.com in operating the Sitereleases.com, or any change in Content, is
for you to discontinue accessing the Sitereleases.com. The Sitereleases.com may
terminate or temporarily suspend your access to all or any part of the
Sitereleases.com, without notice, for conduct that the Sitereleases.com believes
is a violation of this Agreement or any policies or guidelines posted by the
Sitereleases.com, or for other conduct which the Sitereleases.com believes, in
its sole discretion, is harmful to the Sitereleases.com or other Users. The
Sitereleases.com may discontinue operating the Sitereleases.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 the
Sitereleases.com, including the Interactive Areas, and the restrictions imposed
on you with respect to Content downloaded from the Sitereleases.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 the
Sitereleases.com, neither the Sitereleases.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 the
Sitereleases.com. All such Content, goods and services are made accessible on
the Internet by independent third parties and are not part of the
Sitereleases.com or controlled by the Sitereleases.com. The Sitereleases.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 the Sitereleases.com, which are the sole responsibility of
such independent third parties, and your use thereof is solely at your own risk.
Neither the Sitereleases.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 the Sitereleases.com
or your inability to access the Internet or any site linked to or from the
Sitereleases.com.
5.2 Disclaimer of Warranties.
Please use your best judgment in evaluating all information contained or
opinions expressed on the Sitereleases.com. It is the policy of the
Sitereleases.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 THE Sitereleases.com IS AT YOUR SOLE RISK.
NEITHER THE Sitereleases.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 THE Sitereleases.com OR ANY INTERNET SITE
LINKED TO OR FROM THE Sitereleases.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 THE Sitereleases.com OR ANY INTERNET SITE LINKED TO OR
FROM THE Sitereleases.com OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY,
AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY,
OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED
THROUGH THE Sitereleases.com OR ANY SITE LINKED TO OR FROM THE . THE
Sitereleases.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 THE Sitereleases.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, THE Sitereleases.com,
OR ANY INTERNET SITE LINKED TO OR FROM THE Sitereleases.com, WHETHER FOR BREACH
OF CONTRACT, TORTIOUS 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 THE
Sitereleases.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 THE Sitereleases.com OR THE
CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM THE
Sitereleases.com. THE CONTENT WITHIN THE Sitereleases.com AND THE CONTENT WITHIN
INTERNET SITES LINKED TO OR FROM THE Sitereleases.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 THE
Sitereleases.com AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. THE
Sitereleases.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 THE Sitereleases.com IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE,
FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED
WITH ANY Sitereleases.com SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF THE
Sitereleases.com, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE Sitereleases.com.
6. Indemnity
You agree to indemnify and hold the
Sitereleases.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 the
Sitereleases.com or any Internet site linked to or from the Sitereleases.com, or
in connection with the transmission of any Content on the Sitereleases.com.
7. Miscellaneous
This Agreement comprises the entire
agreement between the Sitereleases.com and you, and supersedes any prior
agreements with respect to the subject matter herein. The Sitereleases.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 the Sitereleases.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 the Sitereleases.com. Your continued
accessing and use of the Sitereleases.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 the Sitereleases.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 the Sitereleases.com, excluding its
conflict of laws rules, and you and the Sitereleases.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 thereunder
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 the
Sitereleases.com have been done strictly for clarification and identification
and does not constitute endorsement by the Sitereleases.com of the products,
services or information offered by the owner of such trademark, service mark or
link or endorsement of the Sitereleases.com by such trademark, service mark or
link owner.