TERMS
OF USE
Access Agreement
Please read this Agreement carefully before
accessing the OcalaClicks.Com Classified Ads
(the "Service"). As a condition
to, and in consideration of, receiving and
accessing the Service, the User, as defined
below, agrees to be bound by the terms of
this Agreement. Use of or access to the Service
shall constitute your acceptance of, and agreement
to be bound by, this Agreement.
THE SERVICE IS NOT INTENDED FOR USE
BY CHILDREN (DEFINED AS ANYONE UNDER THE AGE
OF 18). CHILDREN SHOULD NOT USE THE SERVICE
OR SUBMIT ANY INFORMATION TO OCALACLICKS.COM
OR ANY OTHER ENTITY IN CONNECTION WITH THE
SERVICE.
OcalaClicks.Com Classified Ads Access
Agreement
This Agreement (the "Agreement")
is entered into by and between OcalaClicks,
a division of Studio3K ("Studio3K"),
and any individual, corporation, association,
agency, company or other entity who accesses
or uses the Service (the "User"
or "you").
The Service, 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, view classified ads posted by other Users
and/or interact with other Users. The Service
contains, or may contain, information, communications,
opinions, text, graphics, links, electronic
art, animations, audio, video, software, photographs,
music, sounds and other material and data
(collectively, the "Content") formatted,
organized and collected in a variety of forms
that are generally accessible to Users. The
Service includes directories and databases,
as well as areas that can be modified by Users
("Interactive Areas").
1. User Rights and Responsibilities
1.1 Access to the Service.
You are responsible for providing all hardware,
software, telephone and other communications
equipment and/or services needed to connect
to the Internet and access the Service,
and are responsible for all Internet access
charges, telephone charges and other fees
or charges incurred in connecting to the
Internet and/or accessing the Service.
1.2 User Conduct.
You agree to access and use the Service
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 (a) your use of
the Service, including any Interactive Areas;
(b) the use of any networks or other services
connected to the Service; and (c) the communications
means by which you connect your modem, computer
or other equipment to the Service. By accessing
the Service, you agree that you will not:
(1) Restrict or inhibit any other User from
using and enjoying the Service, including
the Interactive Areas;
(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
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;
(4) Post or transmit any information, software
or other material which contains a computer
virus or other harmful component;
(5) Alter, damage or delete any of the Content
or other communications that are not your
own or otherwise interfere with the ability
of others to access the Service, including
the Interactive Areas;
(6) Disrupt the normal flow of communication
in and to the Service, including the Interactive
Areas;
(7) Claim a relationship with or speak for
any business, association, institution or
other organization for which you are not
authorized to claim such a relationship;
or
(8) Violate any operating rule, policy or
guideline of your Internet access provider
or online service.
2. Intellectual Property Rights
2.1 Content.
(a) You acknowledge that the Content is generally
provided by OcalaClicks.Com, individual contributors,
third party licensees and/or other Users.
You acknowledge that the Content is protected
by copyrights, trademarks and other proprietary
(including intellectual property) rights (collectively,
"Intellectual Property Rights"),
and that these Intellectual Property Rights
are valid and protected in all media existing
now or later developed, and except as explicitly
provided below, your use of the Content shall
be governed by all applicable copyright and
other intellectual property laws. You acknowledge
that OcalaClicks.Com owns a copyright in the
"look and feel" - i.e., the selection,
coordination, arrangement and presentation
- of the Content as it appears on the Service.
(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; and (ii) make and
distribute a reasonable number of copies
of the Content, in whole or in part, in
hard copy or electronic form for personal,
non-commercial use only. Any permitted copies
of the Content must reproduce in an unmodified
form any notices contained in the Content,
such as all Intellectual Property Rights
notices, and must contain an original source
attribution to the Service and its URL address.
Your use of the Service will not provide
you with any right, title or interest in
the Service or the 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 Service only
material that is not subject to any Intellectual
Property Rights or material in which all holders
of Intellectual Property Rights have given
express authorization for distribution over
the Internet and on the Service without restriction
whatsoever. Any material 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 any material to any Interactive
Area, you automatically represent and warrant
that the owner of such material, whether it
be you or a third party, has expressly granted
to OcalaClicks.Com a 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 material, 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 material. You also permit
OcalaClicks.Com to sublicense to third parties
the unrestricted right to exercise any of
the foregoing rights granted with respect
to such material. You also permit any User
to access, view, store and reproduce the material
for personal, non-commercial use.
3. Interactive Areas
The Interactive Areas allow feedback to OcalaClicks.Com
and real-time interaction between Users. You
understand that OcalaClicks.Com does not control
the messages, information or files delivered
to the Interactive Areas. You further understand
that OcalaClicks.Com is not obligated to screen
communications to any Interactive Area and
cannot determine in advance the accuracy or
conformance to this Agreement of any material
transmitted to any Interactive Area. You agree
that OcalaClicks.Com may, at its sole discretion,
monitor any Interactive Area from time to
time and disclose any information necessary
to (a) satisfy any law, regulation or other
governmental request; (b) operate the Interactive
Area; or (c) protect itself or other Users.
Further, OcalaClicks.Com may investigate any
allegation of improper conduct with respect
to any Interactive Area and remove or edit,
or demand to be removed or have edited, any
material which OcalaClicks.Com in its sole
discretion deems objectionable.
NOTWITHSTANDING THE FOREGOING, IN
NO EVENT SHALL OCALACLICKS.COM HAVE ANY OBLIGATION
TO SCREEN, POLICE, EDIT, REVIEW OR MONITOR
ANY MATERIAL IN ANY INTERACTIVE AREA. FURTHER,
OCALACLICKS.COM, AND ITS PARENT, SUBSIDIARIES,
AFFILIATES, DIVISIONS, OFFICERS, DIRECTORS,
EMPLOYEES, CONTRACTORS AND AGENTS (COLLECTIVELY,
THE "RELEASED PARTIES"), SHALL NOT
BE RESPONSIBLE FOR ANY CLAIM OR CAUSE OF ACTION
ARISING OUT OF, OR BASED UPON, ANY MATERIAL
CONTAINED WITHIN ANY INTERACTIVE AREA.
4. Termination
The only right with respect to dissatisfaction
with any policies, guidelines or practices
of OcalaClicks.Com in operating the Service
is for you to discontinue accessing the Service.
OcalaClicks.Com may terminate or temporarily
suspend your access to all or any part of
the Service without notice at any time. OcalaClicks.Com
may discontinue operating the Service and
terminate this Agreement without notice at
any time and for any reason in its sole discretion.
In the event of termination, you are no longer
authorized to access the Service, including
the Interactive Areas, and the restrictions
imposed on you with respect to any of the
Content downloaded from the Service, as well
as the disclaimers and limitations of liabilities
set forth in this Agreement, shall survive
such termination.
5. Links; Disclaimers of Warranties; Limitations
of Liability
5.1 Links.
OcalaClicks.Com neither endorses nor is responsible
for the accuracy, completeness, usefulness,
quality or availability of any materials,
goods or services available on any site linked
to or from the Service. THE RELEASED PARTIES
SHALL NOT 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 MATERIALS, GOODS OR SERVICES
AVAILABLE ON ANY SITE LINKED TO OR FROM THE
SERVICE, OR YOUR INABILITY TO ACCESS THE INTERNET
OR ANY SITE LINKED TO OR FROM THE SERVICE.
5.2 Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE
IS AT YOUR SOLE RISK. THE RELEASED PARTIES
DO NOT WARRANT THAT THE SERVICE, OR ANY
INTERNET SITE LINKED TO OR FROM THE SERVICE,
WILL BE UNINTERRUPTED OR ERROR FREE, THAT
DEFECTS WILL BE CORRECTED OR THAT THE SERVICE,
INCLUDING THE INTERACTIVE AREAS AND THE
SERVER THAT MAKES IT AVAILABLE, ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FURTHER, THERE IS NO WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE, OR ANY INTERNET SITE LINKED
TO OR FROM THE SERVICE, 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 SERVICE OR ANY SITE LINKED TO
OR FROM THE SERVICE. THE SERVICE IS PROVIDED
ON AN "AS IS" "WHERE IS"
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 RELEASED
PARTIES BE LIABLE FOR ANY INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES UNDER OR ARISING
FROM THIS AGREEMENT, THE SERVICE OR ANY
INTERNET SITE LINKED TO OR FROM THE SERVICE,
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
OR THEFT.
UNDER NO CIRCUMSTANCES SHALL THE RELEASED
PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY DECISION MADE OR ACTION TAKEN BY
YOU IN RELIANCE ON THE SERVICE OR ANY INTERNET
SITE LINKED TO OR FROM THE SERVICE. THE
MATERIAL WHICH COMPRISES THE SERVICE, AND
THE MATERIAL WHICH COMPRISES INTERNET SITES
LINKED TO OR FROM THE SERVICE, MAY INCLUDE
TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL
ERRORS.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT
THE RELEASED PARTIES ARE NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE, FRAUDULENT OR OTHERWISE
ILLEGAL CONDUCT OF ANY USER.
6. Indemnity
In exchange for your use of the Service, you
agree to indemnify and hold harmless the Released
Parties from any and all liabilities, claims
and expenses, including costs and attorneys'
fees, arising from (a) a breach of this Agreement;
(b) your use or access of the Service; (c)
your use or access of any Internet site linked
to or from the Service; or (d) in connection
with the transmission of any of the Content
on the Service.
7. Miscellaneous
This Agreement comprises the entire agreement
between OcalaClicks.Com and you and supersedes
any prior agreements with respect to the subject
matter herein. OcalaClicks.Com may revise
this Agreement or any other policy at any
time and from time to time, and such revision
shall be effective two days upon posting notice
of such revision on the Service. You agree
to review this Agreement periodically to be
aware of such revisions. If any such revision
is unacceptable, you must discontinue accessing
the Service. Your continued accessing and
use of the Service 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, 3, 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 OcalaClicks.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
of Florida, excluding its conflict of laws
rules, and you submit to the exclusive jurisdiction
of the courts of that state. This Agreement
is personal to you and you may not assign
your rights or obligations hereunder to anyone.
All logos, brand names, products, trademarks
and service marks appearing on the Service
are the trademarks or service marks of their
respective owners. References to any trademark,
service mark or link to or from the Service
have been done strictly for clarification
and identification and do not constitute an
endorsement by OcalaClicks.Com of the products,
services or information offered by the owner
of such trademark, service mark or link or
an endorsement of the Service by such trademark,
service mark or link owner.
If you have any questions about this statement,
please e-mail us at customerservice@ocalaclicks.com |
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