January 12, 2010

uclassifieds.net is a community and social networking and classified service. The services offered by uclassifieds.net ("uclassifieds.net" or "we") include the uclassifieds.net website (the "uClassifieds Website"), the uclassifieds.net Internet messaging service, and any other features, content, or applications offered from time to time by uclassifieds.net in connection with the uClassifieds Website (collectively, the "uClassifieds Services"). The uClassifieds Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the uClassifieds Services. By using the uClassifieds Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the uClassifieds Website) or you are a "Member" (which means that you have registered with uclassifieds.net). The term "User" refers to a Visitor or a Member. You are only authorized to use the uClassifieds Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the uClassifieds Website and discontinue use of the uClassifieds Services immediately. If you wish to become a Member, communicate with other Members and make use of the uClassifieds Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes uclassifieds.net's policy for acceptable use of the uClassifieds Services and Content posted on the uClassifieds Website, your rights, obligations and restrictions regarding your use of the uClassifieds Services and uclassifieds.net's Privacy Policy. In order to participate in certain uClassifieds Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the uClassifieds Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

uclassifieds.net may modify this Agreement from time to time and such modification shall be effective upon posting by uclassifieds.net on the uClassifieds Website. You agree to be bound to any changes to this Agreement when you use the uClassifieds Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on uclassifieds.net and that you provide to other Users. Your uclassifieds.net profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other uclassifieds.net Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and uclassifieds.net assumes no responsibility or liability for this material. If you become aware of misuse of the uClassifieds Services by any person, please contact us.

uclassifieds.net reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the uClassifieds Services at any time, for any or no reason, with or without prior notice, and without liability.

1. Eligibility. Use of and Membership in the uClassifieds Services is void where prohibited. By using the uClassifieds Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the uClassifieds Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
2. Term. This Agreement shall remain in full force and effect while you use the uClassifieds Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. uclassifieds.net may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
3. Fees. Using uClassifieds is completely free. This includes posting an Ad, replying to an Ad, posting in the forums, etc. We may charge fees for premium services such as featuring your Ad in the Top Ads section. Our fees are quoted in
   US Dollars, and we may change them from time to time. Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, we may deduct the amount owed from your PayPal account balance). If uclassifieds.net terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify uclassifieds.net immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Members. The uClassifieds Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by uclassifieds.net. Illegal and/or unauthorized use of the uClassifieds Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the uClassifieds Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the uClassifieds Services.
6. Proprietary Rights in Content on uclassifieds.net.
   1. uclassifieds.net does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the uClassifieds Services. After posting your Content to the uClassifieds Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the uClassifieds Services, you hereby grant to uclassifieds.net a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the uClassifieds Services.

      Without this license, uclassifieds.net would be unable to provide the uClassifieds Services. For example, without the right to modify Member Content, uclassifieds.net would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, uclassifieds.net could not allow Users to listen to music posted by Members. The license you grant to uclassifieds.net is non-exclusive (meaning you are free to license your Content to anyone else in addition to uclassifieds.net), fully-paid and royalty-free (meaning that uclassifieds.net is not required to pay you for the use on the uClassifieds Services of the Content that you post), sub-licensable (so that uclassifieds.net is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the uClassifieds Services), and worldwide (because the Internet and the uClassifieds Services are global in reach). This license will terminate at the time you remove your Content from the uClassifieds Services. The license does not grant uclassifieds.net the right to sell your Content, nor does the license grant uclassifieds.net the right to distribute your Content outside of the uClassifieds Services.

   2. You represent and warrant that: (i) you own the Content posted by you on or through the uClassifieds Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the uClassifieds Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the uClassifieds Services.
   3. The uClassifieds Services contain Content of uclassifieds.net ("uclassifieds.net Content"). uclassifieds.net Content is protected by copyright, trademark, patent, trade secret and other laws, and uclassifieds.net owns and retains all rights in the uclassifieds.net Content and the uClassifieds Services. uclassifieds.net hereby grants you a limited, revocable, nonsub-licensable license to reproduce and display the uclassifieds.net Content (excluding any software code) solely for your personal use in connection with viewing the uClassifieds Website and using the uClassifieds Services.
   4. The uClassifieds Services contain Content of Users and other uclassifieds.net licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the uClassifieds Services.
7. Content Posted.
   1. uclassifieds.net may delete any Content that in the sole judgment of uclassifieds.net violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. uclassifieds.net assumes no responsibility for monitoring the uClassifieds Services for inappropriate Content or conduct. If at any time uclassifieds.net chooses, in its sole discretion, to monitor the uClassifieds Services, uclassifieds.net nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
   2. You are solely responsible for the Content that you post on or through any of the uClassifieds Services, and any material or information that you transmit to other Members and for your interactions with other Users. uclassifieds.net does not endorse and has no control over the Content. Content is not necessarily reviewed by uclassifieds.net prior to posting and does not necessarily reflect the opinions or policies of uclassifieds.net. uclassifieds.net makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the uClassifieds Services. uclassifieds.net reserves the right to investigate and take appropriate legal action against anyone who, in uclassifieds.net's sole discretion, violates this provision, including without limitation, removing the offending communication from the uClassifieds Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of uclassifieds.net:
   1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
   2. harasses or advocates harassment of another person;
   3. exploits people in a sexual or violent manner;
   4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
   5. solicits personal information from anyone under 18;
   6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
   7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
   8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
   9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
   10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
   11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
   12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
   13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
   14. includes a photograph of another person that you have posted without that person's consent; or
   15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

   The following is a partial list of the kind of activity that is illegal or prohibited on the uClassifieds Website and through your use of the uClassifieds Services. uclassifieds.net reserves the right to investigate and take appropriate legal action against anyone who, in uclassifieds.net's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

   1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
   2. advertising to, or solicitation of, any Member to buy or sell any products or services through the uClassifieds Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the uClassifieds Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, uclassifieds.net reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which uclassifieds.net deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the uClassifieds Services, you acknowledge that you will have caused substantial harm to uclassifieds.net, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay uclassifieds.net $50 for each such unsolicited email or other unsolicited communication you send through the uClassifieds Services;
   3. covering or obscuring the banner advertisements on your personal profile page, or any uclassifieds.net page via HTML/CSS or any other means;
   4. any automated use of the system, such as using scripts to add friends or send comments or messages;
   5. interfering with, disrupting, or creating an undue burden on the uClassifieds Services or the networks or services connected to the uClassifieds Services;
   6. attempting to impersonate another Member or person;
   7. for band profiles, copying the code for your uClassifieds Player and embedding it into other profiles or asking other Members to embed it into their profiles;
   8. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
   9. selling or otherwise transferring your profile;
   10. using any information obtained from the uClassifieds Services in order to harass, abuse, or harm another person;
   11. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the uClassifieds Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
   12. using the uClassifieds Services in a manner inconsistent with any and all applicable laws and regulations.
9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of uclassifieds.net to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to uclassifieds.net by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the uClassifieds Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the uClassifieds Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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. uclassifieds.net's Copyright Agent for notice of claims of copyright infringement can be reached as follows: contact us
10. Member Disputes. You are solely responsible for your interactions with other uclassifieds.net Members. uclassifieds.net reserves the right, but has no obligation, to monitor disputes between you and other Members.
11. Privacy. Use of the uClassifieds Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers. uclassifieds.net is not responsible for any incorrect or inaccurate Content posted on the uClassifieds Website or in connection with the uClassifieds Services, whether caused by Users of the uClassifieds Services or by any of the equipment or programming associated with or utilized in the uClassifieds Services. Profiles created and posted by Members on the uClassifieds Website may contain links to other websites. uclassifieds.net is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by uclassifieds.net. Inclusion of any linked website on the uClassifieds Services does not imply approval or endorsement of the linked website by uclassifieds.net. When you access these third-party sites, you do so at your own risk. uclassifieds.net takes no responsibility for third party advertisements which are posted on this uClassifieds Website or through the uClassifieds Services, nor does it take any responsibility for the goods or services provided by its advertisers. uclassifieds.net is not responsible for the conduct, whether online or offline, of any User of the uClassifieds Services. uclassifieds.net assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. uclassifieds.net is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the uClassifieds Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the uClassifieds Services. Under no circumstances shall uclassifieds.net be responsible for any loss or damage, including personal injury or death, resulting from use of the uClassifieds Services, attendance at a uclassifieds.net event, from any Content posted on or through the uClassifieds Services, or from the conduct of any Users of the uClassifieds Services, whether online or offline. The uClassifieds Services are provided "AS-IS" and as available and uclassifieds.net expressly disclaims any warranty of fitness for a particular purpose or non-infringement. uclassifieds.net cannot guarantee and does not promise any specific results from use of the uClassifieds Services.
13. Limitation on Liability. IN NO EVENT SHALL uclassifieds.net BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF uclassifieds.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, uclassifieds.net'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO uclassifieds.net FOR THE uClassifieds SERVICES DURING THE TERM OF MEMBERSHIP.
14. U.S. Export Controls. Software available in connection with the uClassifieds Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the uClassifieds Services or otherwise exported or re-exported in violation of Canada export laws. Downloading or using the Software is at your sole risk.
15. Disputes. If there is any dispute about or involving the uClassifieds Services, you agree that the dispute shall be governed by the laws of the Province of British Columbia, Canada, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of Canada located in the Province of British Columbia, City of Vancouver. Either uclassifieds.net or you may demand that any dispute between uclassifieds.net and you about or involving the uClassifieds Services must be settled by arbitration utilizing the dispute resolution procedures of the Arbitration and Mediation Institute of Canada (AMIC) in Vancouver, BC , Canada, provided that the foregoing shall not prevent uclassifieds.net from seeking injunctive relief in a court of competent jurisdiction.
16. Indemnity. You agree to indemnify and hold uclassifieds.net, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the uClassifieds Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the uClassifieds Website or through the uClassifieds Services causes uclassifieds.net to be liable to another.
17. Other. This Agreement is accepted upon your use of the uClassifieds Website or any of the uClassifieds Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and uclassifieds.net regarding the use of the uClassifieds Services. The failure of uclassifieds.net to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. uclassifieds.net is a trademark of uClassifieds, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
     

18. Your ad will be removed if you don't comply with the following rules:
    
    Posting an ad that is not located in your local area
    Posting an item for sale that is illegal to own, buy or sell in your area of residence
    Posting an item for sale that is in the prohibited items list
    Posting multiple Ads that are too similar to each other
    Posting an Ad that serves no other purpose than to send traffic to another web site
    Posting a multi-level marketing or other prohibited job
    Posting pornography, nudity or other prohibited personal
    Posting an Ad that defames anyone or contains "hate speech"

    Any Ads or users that do not comply with the uclassifieds.net policy will be removed and blocked from the site.
    
    Our general rule is that you may not list, buy or sell items or services that are illegal to own, buy or sell in your area of residence, or that are not bought or sold in compliance with applicable laws and regulations
    
    IMPORTANT: YOU ARE RESPONSIBLE FOR ENSURING COMPLIANCE WITH ALL APPLICABLE LAWS RELATING TO THE ITEM YOU LIST, BUY OR SELL ON THIS SITE.

19. You can post up to 50 different ads per day on uclassifieds.net. Duplicate ads or ads that are too similar to an existing Ad that you have posted are not allowed. If you violate this policy you may receive a blocked message during the posting process or may be notified that your Ad has been removed from the site at a later time. To avoid this, please list whatever you are advertising only once. If you want to re-list an item that you are already advertising on the site, delete your existing Ad first.
    
    Posting a listing with a link to another web site for the sole purpose of directing visitors to that web site is not permitted. You may, however, include a link in your post if it is to give the user more information about the item being offered (for example product details, pictures, etc.).
    
    You are not permitted to defame anyone or include "hate speech" directed at individuals or groups in your postings. uclassifieds.net reserves the right to delete any Ads from the site that are deemed to negatively impact the community. If you encounter any such Ads, please flag it as such or contact us.

uclassifieds.net is an interactive computer service that enables access by multiple users and should not be treated as the publisher or speaker of any information provided by another information content provider.

Please contact us with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.