TERMS of USE

(Last Updated As Of:  September 21, 2008)

 

Tundra Developments

 

Tundra Developments (the “Site”) has created the following guidelines to ensure the quality of the Site’s classifieds. Please remember that classifieds are posted by users, not by the Site. Sellers and buyers are responsible for all aspects of the transactions in which they choose to participate. All transactions conducted on the Site’s classifieds must be consistent with any applicable legal rules and with the Site’s guidelines and Terms of Use (the “Terms”).

The Site reserves the right to reject or remove any ad that is not consistent with the Site’s terms, policies or the law.

 

General Information

The Site provides classifieds as an arena for our users to connect with one another. The Site does not participate in, nor is it a party to, any classifieds transactions. The Site does not monitor or control users who may sell or buy on the classifieds, nor does the Site review or validate listings, items, or services offered for sale. Therefore, users of this service should be aware that:

• Sellers and buyers are responsible for working out the transaction of goods or services.
• Sellers and buyers must resolve any disputes that may arise from the Site’s classified transactions.
• Sellers and buyers are responsible for researching and complying with any applicable laws, regulations or restrictions.
• Sellers and buyers are responsible for all applicable taxes and for all costs incurred by participating in the Site.

 

1. Acceptance of Terms

By using the services provided by the Site in any way, you are agreeing to act in accordance with these Terms. In addition, when using particular Site services, you agree to comply with applicable guidelines for all Site services.

2. Content

All “Content” (postings, messages, text, files, images, photos, video, sounds, or other materials) posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom the Content originated.  You understand that the Site does not control, and is not responsible for Content made available through the Site.  The Site and Content available through the Site may contain links to other websites, which are completely independent of the Site. The Site makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.  The Site does not pre-screen or approve Content however, the Site shall have the right (but not the obligation) in its sole discretion to delete or move any Content that is available via the Site.

3. Notification of Claims of Infringement

If you believe that your intellectual property rights have been violated, or feel that your work has been copied in a way that constitutes copyright infringement, please notify the Site at Contact Us or by mail to:

Attn:  Copyright Infringement Claim
Tundra Developments
2663 Rothesay Cres
Regina, SK, Canada
S4V 3C7 

Please provide the following Notice:

1.       Identify the copyrighted work or other intellectual property;

2.       Identify the material on the Site that you claim is infringing;

3.       A statement by you declaring under penalty of perjury that:

a.       the above information in your Notice is accurate, and

b.       that you are the owner of the copyright interest involved;

4.       Your address, telephone number, and email address; and

5.       Your physical or electronic signature.

The Site will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

4. Privacy and Information Disclosure

A Privacy Policy has been created (http://www.ElPasoSuperAds/privacy.aspx) to explain to users how their information is collected and used.  Your use of the Site signifies acknowledgement of and agreement to the Privacy Policy. Please review the Privacy Policy prior to using this Site so you are familiar with its terms.

5. Conduct

You agree not to post, email, or otherwise make available Content:

a)       Fraud. You may not use or manipulate this service for any fraudulent activity or purpose.

b)       Interference. You may not spam our system and/or impose a excessively large load on our system. You may not put any material on the Site that contains any viruses, trojan horses, worms or other computer programming routines that may damage, interfere with, or seize any system, data, or personal information. You may not solicit the Site’s users to post ads on other classifieds sites.

c)       Passwords. You are responsible for actions taken under your password and should not disclose it to anyone.

d)       Comply with applicable laws. You may not sell an item or service to any buyer in a jurisdiction where the item, service, or terms of the sale violate applicable laws or regulations. You also may not offer for sale any item or service that violates the Site’s policies as described below in "Prohibited Items and Services."

e)       Provide accurate information. You must accurately describe the item you are selling. You may not include any language in your ad which may confuse potential buyers or cause your ad to be included in search results.

f)         Place item in the appropriate category. You must list your item in the most appropriate category. Each item can only be listed in one category and can not be posted in more than one metropolitan area.

g)       Avoid inappropriate ad content. You may not link to, post, or include advertisements for goods or other materials that:

1.       describe items or services that you are not selling on the Site, or

2.       you do not have right to link to or include.

3.       you also may not include any content or images in your ad that are obscene, offensive, harmful to minors, invasive of anyone’s privacy, or otherwise inappropriate.

h)       Have the rights to and possession of item. You may not offer any item for sale that is not in your possession, you do not have the right to sell, or that does not exist at the time of the ad.

i)         Harassment.  You will not contact anyone who has asked not to be contacted.  You will not "stalk" or otherwise harass anyone and you will not collect personal data about other users for commercial or unlawful purposes.

j)        Eligibility.  The Site and its services are only available to individuals who can form legally binding contracts under applicable law. The Site is only available to minors under the supervision of the minor's parent/legal guardian. By using this site you warrant that you are at least eighteen (18) years of age.

6.  Prohibited Items and Services

It is the responsibility of both the seller and the buyer to ensure that the items or services listed for sale and bought by users are appropriate for sale under all applicable laws and regulations. You may not sell the following items or services under any circumstances:

a)       Any item or service that is harmful to minors, obscene, or otherwise unacceptable.

b)       Illegal or restricted weapons and related accessories, including the following:

·         Firearms and firearm accessories (Note: The Site does allow the posting of antique firearms made before 1898 and replicas of antique firearms that have matchlock, flintlock, percussion cap or similar ignition systems. All other firearms are prohibited.)

·         Switchblade knives.

·         Any concealed weapon.

·         Any explosive device.

·         Martial arts weapons.

c)       Cigarettes, illegal drugs, drug paraphernalia, prescription drugs, and medical devices, including any medical device that requires fitting by a certified practitioner or licensed seller.

d)       Any item that violates any U.S./Canadian export law or regulation, including any items subject to the terms of the U.S. prohibited against Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Serbia, and Sudan.

e)       Any item that violates the rights of a third party, including items that violate copyrights, trademarks, publicity, or privacy rights of third parties.

f)         Any item that is counterfeit or stolen.

g)       Any item that promotes, or is directly associated with groups or individuals known principally for hateful or violent positions or acts.

h)       Any animal items that are subject to regulations or laws for the protection of live animals, including endangered species and domesticated animals, as well as any products made from or including any parts of an animal protected by law or regulation.

i)         Any item that has been the subject of a product recall by government agencies, or product manufacturer.

j)         Any item used for hacking, intercepting, jamming, descrambling, or otherwise obtaining unauthorized access to communications.

k)       Bodies, body parts, bodily fluids.

l)         Fireworks, explosives, or any hazardous material or restricted chemical.

m)     Gambling items.

n)       Government-issued identification documents, whether authentic or counterfeit, police badges or insignia, and any other law enforcement items generally restricted for sale under federal and state law.

o)       Stocks and securities.

p)       Individual contracts, services, and any item that is non-transferable.

q)       Event tickets sold for prices that are in violation of the laws or regulations of the event venue.

r)        Any other item or service that violates any applicable federal, state, provincial, or local law or regulation or which the Site determines, in its sole discretion, is inappropriate for sale through the services provided by the Site.

s)       Non-packaged food items and other food or beverage items sold in a manner inconsistent with federal, state, or legal regulations.

t)        Any used goods not appropriate for resale for safety, health, or other reasons.

u)       Any items that are "adult oriented" in nature or marketed in an objectionable manner, as determined in the Site’s sole discretion.

7.  No Spam Policy

You agree and understand that sending unsolicited emails to any user of the Site or through the Site’s computer systems is expressly prohibited by these Terms. Any unauthorized use of our computer systems is an infringement of these Terms and applicable "anti-spam" laws. Such infringements may subject the parties involved to civil and criminal penalties.

Prohibited spam and unauthorized marketing activities on the Site may include:

a)       Posting an ad that is unrelated to the category in which the ad is placed.

b)       Posting identical ads in the same category and location.

c)       Posting an ad with inappropriate content.

d)       Posting an ad for the sole purpose of collecting user information or raising money.

e)       Posting an ad that contains unsolicited or unauthorized advertising or promotional materials.

f)         Posting a job ad that requires a monetary investment by the user.

g)       Posting an ad that requires a user to sign up before getting detailed information.

h)       Posting an ad through unauthorized crawling software.

i)         Soliciting a Site user to post an ad in another classifieds site.

8.  Limitations on service

You agree that the Site may terminate your account without prior notice under certain circumstances.  Cause for such termination shall include, but not be limited to:

a)       breaches or violations of the Terms,

b)       requests by law enforcement or other government agencies,

c)       a request by you (self-initiated account deletions),

d)       discontinuance or material modification to the Site,

e)       unexpected technical or security issues or problems,

f)         extended periods of inactivity,

g)       you have engaged in fraudulent or illegal activities, and/or

h)       nonpayment of any fees owed by you in connection with the Site.

Termination of your account includes:

a)       removal of access to all offerings within the Site,

b)       deletion of your password and all related information, files and content associated with or inside your account, and

c)       you agree that all terminations for cause shall be made in the Site’s sole discretion and that the Site shall not be liable to you or any third-party for any termination of your account.

9. Dealings with organizations and individuals

Your business dealings, correspondence, participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. The Site shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

10. Proprietary rights

The Site owns and retains all rights of the Site and its services, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by the Site, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of the Site's proprietary information.

By submitting, posting or displaying any Content on or through the Site, you automatically grant to us a worldwide, non-exclusive, license, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such Content.

11. Disclaimer of Warranties

The Site (and its third party suppliers) provide the site on an "as is" and "as available" basis. All content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, noninfringement, or compatibility of software programs. The site does not warrant that the content is accurate or reliable, that the site will be available at any particular time, or that the content is free of viruses or other harmful codes or conditions. If you download or otherwise obtain material through the site, you do so at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. YOUR USE OF THE WEBSITES IS SOLELY AT YOUR OWN RISK.

12. Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

a)      THE USE OR THE INABILITY TO USE THE SERVICE;

b)      THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;

c)      UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

d)      STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;  

e)      ANY OTHER MATTER RELATING TO THE SERVICE..

13. Indemnity

You agree to indemnify and hold the Site, its officers, subsidiaries, affiliates, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post or make available through the Site, your use of the Site, your connection to the Site, your violation of the Terms, or your violation of any rights of another.

14. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

15. Violations

Please report any violations of the Terms by contacting our customer care department by Contact Us. Our failure to act with respect to any violations by you or others does not waive our right to act with respect to subsequent or similar breaches. 

22. Notice

The Site may provide you with notices, including those regarding changes to the Terms, by either e-mail, regular mail, or postings on the Site.

 

Thank you for your continued support.