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.