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WNYsite.com’s WEB SITE
TERMS OF USE and NOTICES AGREEMENT BETWEEN USER AND WNYsite.com LLC WNYsite.com’s
Web Site is comprised of various Web sites and Web pages operated by
WNYsite.com LLC or its affiliates (collectively,
"WNYsite.com"). WNYsite.com
advertising and offers are offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained
herein. Your use of the WNYsite.com Web Site constitutes your agreement
to all such terms, conditions, and notices. Your use of a particular
WNYsite.com Web Site included within the WNYsite Web pages may also be
subject to additional terms outlined elsewhere in this agreement. Additionally,
WNYsite.com web pages may themselves contain additional terms, codes of
conduct or guidelines that govern use of those sites, including without
limitation, particular features or offers (for example, sweepstakes or
perks, mall, areas). In the
event that any of the terms, conditions, and notices contained herein
conflict with the Additional Terms or other terms and guidelines
contained within any particular WNYsite.com Web Site, then these terms
shall control. MEMBER
ACCOUNT- If a particular WNYsite.com Site/Service requires you to open an
account, you must complete the registration process by providing us with
current, complete and accurate information as prompted by the applicable
registration form. You are entirely responsible for any and all
activities that occur under your account. You agree to notify WNYsite
immediately of any unauthorized use of your account or any other breach
of security. WNYsite.com will not be liable for any loss that you may
incur as a result of someone else using your account, either with or
without your knowledge. However, you could be held liable for losses
incurred by WNYsite.com or another party due to someone else using your
account. You may not use anyone else's account at any time, without the
permission of the account holder. MODIFICATION
OF THESE TERMS OF USE - WNYsite.com reserves the right to change the terms,
conditions, and notices under which the WNYsite.com sites/services are
offered, including but not limited to the charges associated with the
use of the WNYsite.com sites/services. You are responsible for regularly
reviewing these terms and conditions and additional terms posted on
particular websites. Your continued use of the WNYsite.com
sites/services constitutes your agreement to all such terms, conditions,
and notices. PERSONAL
AND NON-COMMERCIAL USE LIMITATION - Unless otherwise specified, the WNYsite.com
sites/services are for your personal and non-commercial use. You may not
modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information, software, products or services obtained from the
WNYsite.com sites/services.
FREE AD LISTINGS - WNYsite.com reserves the right to accept or decline ads for companies which it would consider to be objectionable, inappropriate, or illicit in nature to WNYsite.com and/or it's general audience. This includes but is not limited to adult site and discriminatory theme sites. At WNYsite.com's discretion we may elect to decline or cancel a free ad at any time without reason, notice and/or recourse. Free ads are limited to Western New York Businesses with a business address within the 8 county Western New York region, and are subject to availability and all terms of use. WNYsite.com provides free ads to help promote commerce within and to the Western New York area. This includes companies doing business or providing services to, or within the Western New York Area. By requesting a FREE ad you will not be billed or charged any fees, nor will your company be put on any listing service. Furthermore, you are not obligated to perform any services of any kind to WNYsite.com, it's agents or affiliates for this consideration. This offer is limited to 1 (one) free ad per company and may end at any time. LINKS
TO THIRD PARTY SITES - WNYsite.com sites/services may contain links to third party Web
sites ("Linked Sites"). The Linked Sites are not under the
control of WNYsite.com and WNYsite.com is not responsible for the
contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site.
WNYsite.com is not responsible for web casting or any other form of
transmission received from any Linked Site nor is WNYsite.com
responsible if the Linked Site is not working appropriately. WNYsite.com
is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by WNYsite.com of the site or any
association with its operators. You are responsible for viewing and
abiding by the privacy statements and terms of use posted at the Linked
Sites. NO
UNLAWFUL OR PROHIBITED USE - As a condition of your use of the WNYsite.com sites/services,
you will not use the WNYsite.com sites/services for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may
not use the WNYsite.com sites/services in any manner which could damage,
disable, overburden, or impair any WNYsite.com site/service(s) (or the
network(s) connected to any WNYsite.com Site/Service(s)) or interfere
with any other party's use and enjoyment of any WNYsite.com Site/Service(s).
You may not attempt to gain unauthorized access to any WNYsite.com
Site/Service, other accounts, computer systems or networks connected to
any WNYsite.com Site/Service, through hacking, password mining or any
other means. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available through
the WNYsite.com Sites/Services. USE OF
SERVICES - WNYsite.com Sites/Services may contain e-mail services, bulletin
board services, news groups, forums, communities, personal web pages,
calendars, photo albums, file cabinets and/or other message or
communication facilities designed to enable you to communicate with
others (collectively, "Communication Services"). You agree to
use the Communication Services only to post, send and receive messages
and material that are proper and, when applicable, related to the
particular Communication Service. By way of example, and not as a
limitation, you agree that when using a Communication Service, you will
not:
WNYsite.com
has no obligation to monitor the Communication Services. However,
WNYsite.com reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole
discretion. WNYsite.com reserves the right to terminate your access to
any or all of the Communication Services at any time, without notice,
for any reason whatsoever. WNYsite.com reserves the right at all times
to disclose any information as WNYsite.com deems necessary to satisfy
any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials, in
whole or in part, in WNYsite.com’s sole discretion. Always use caution
when giving out any personally identifying information about yourself or
your children in any Communication Service. WNYsite.com does not control
or endorse the content, messages or information found in any
Communication Service and, therefore, WNYsite.com specifically disclaims
any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers
and hosts are not authorized WNYsite.com spokespersons, and their views
do not necessarily reflect those of WNYsite.com. Materials uploaded to a
Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination; you are responsible for adhering to
such limitations if you download the materials. MATERIALS PROVIDED TO WNYsite.com OR POSTED AT
ANY WNYsite.com WEB SITE - WNYsite.com does not claim ownership of the materials you
provide to WNYsite.com (including feedback and suggestions) or post,
upload, input or submit to any WNYsite.com Site/Service or its
associated services for review by the general public (each a
"Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your
Submission you are granting WNYsite.com, its affiliated companies and
necessary sub licensees permission to use your Submission in connection
with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission,
as provided herein. WNYsite.com is under no obligation to post or use
any Submission you may provide and WNYsite.com may remove any Submission
at any time in its sole discretion. By posting, uploading, inputting,
providing or submitting your Submission you warrant and represent that
you own or otherwise control all of the rights to your Submission as
described in this section including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the
Submissions. SOFTWARE AND CONTENT AVAILABLE THROUGH THE
WNYsite.com SITES/SERVICES - All content and software (if any) that is made
available to view and/or download in connection with the WNYsite.com
Sites/Services, excluding content and/or software that may be made
available by end-users through a Communication Service,
("Software") is owned by and is the copyrighted work of
WNYsite.com LLC and/or its suppliers and is protected by copyright laws
and international treaty provisions. Your use of the Software is
governed by the terms of the end user license agreement, if any, which
accompanies or is included with the Software ("License
Agreement"). You may not install or use any Software that is
accompanied by or includes a License Agreement unless you first agree to
the License Agreement terms. For any Software not accompanied by a
license agreement, WNYsite.com LLC hereby grants to you, the user, a
revocable personal, non-transferable license to use the Software for
viewing and otherwise using the particular WNYsite.com Site/Service in
accordance with these Terms of Use, and for no other purpose provided
that you keep intact all copyright and other proprietary notices. Any
reproduction or redistribution of the content and/or Software is
expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT
OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the
Software, and any accompanying documentation and/or technical
information, is subject to applicable export control laws and
regulations of the USA. You agree not to export or re-export the
Software, directly or indirectly, to any countries that are subject to
USA export restrictions. PRIVACY
AND PROTECTION OF PERSONAL INFORMATION LIABILITY DISCLAIMER -
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE WNYsite.com SITES/SERVICES MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO
THE WNYsite.com SITES/SERVICES AND TO THE INFORMATION THEREIN.
WNYsite.com AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE WNYsite.com SITES/SERVICES AT ANY TIME. ADVICE RECEIVED
VIA THE WNYsite.com SITES/SERVICES SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT
AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION. WNYsite.com LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED WITHIN THE WNYsite.com SITES/SERVICES FOR ANY PURPOSE. ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WNYsite.com
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT,
TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT WNYsite.com
SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT
SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A WNYsite.com
SITE/SERVICE. YOU SPECIFICALLY AGREE THAT WNYsite.com IS NOT RESPONSIBLE
OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL
CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S
RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE
THAT WNYsite.com IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR
INCLUDED IN AN WNYsite.com SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL WNYsite.com AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
WNYsite.com SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE
WNYsite.com SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WNYsite.com
SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WNYsite.com
SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF WNYsite.com OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
WNYsite.com SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WNYsite.com
SITES/SERVICES. GENERAL TERMS REGARDING USE AND STORAGE -You
agree that WNYsite.com may establish limits concerning use of any
service offered on an WNYsite.com Website, including without limitation,
the maximum number of days that e-mail messages will be retained by the
service, the maximum number of e-mail messages that may be sent from or
received by an account on the service, the maximum size of an e-mail
message that may be sent from or received by an account on the service,
the maximum disk space that will be allotted on WNYsite.com’s servers
on your behalf, and the maximum number of times and duration you may
access the service in a given period of time. You agree that WNYsite.com
has no responsibility or liability for the deletion, corruption or
failure to store any messages or other content maintained or transmitted
by the service. You acknowledge that WNYsite.com reserves the right to
delete accounts that are inactive for an extended period of time.
WNYsite.com MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE. TERMINATION/ACCESS RESTRICTION
- WNYsite.com reserves the right, in its sole discretion, to terminate
your access to any or all WNYsite.com Sites/Services and the related
services or any portion thereof at any time, without notice. WNYsite.com
may also terminate or suspend your access to WNYsite.com Site/Service(s)
for inactivity, which is defined as failing to log into a particular
service for an extended period of time, as determined by WNYsite.com.
The amount of time that WNYsite.com currently considers as an
"extended" period of time is mute relating to this particular service. Upon termination of the WNYsite.com
Site/Service, your right to use the WNYsite.com Site/Service immediately
ceases. WNYsite.com shall have no obligation to maintain any content or
to forward any unread or unsent messages to you or any third party. NO SPAM; DAMAGES - WNYsite.com
will immediately terminate any account which it believes, in its sole
discretion, is transmitting or is otherwise connected with any spam or
other unsolicited bulk email. In addition, because damages are often
difficult to quantify, if actual damages cannot be reasonably calculated
then you agree to pay WNYsite.com liquidated damages of $5 (US Currency)
for each piece of spam or unsolicited bulk email transmitted from or
otherwise connected with your account, otherwise you agree to pay
WNYsite.com’s actual damages, to the extent such actual damages can be
reasonably calculated. LANGUAGE - It is the express will of the parties
that this agreement and all related documents have been drawn up in
English. C'est la volonté expresse des parties que la présente
convention ainsi que les documents qui s'y rattachent soient rédigés
en anglais. GENERAL - This agreement is governed by the laws of
the State of New York, U.S.A. You hereby irrevocably consent to the
exclusive jurisdiction and venue of courts in Erie County, New York,
U.S.A. in all disputes arising out of or relating to the use of the
WNYsite.com Sites/Services. Use of the WNYsite.com Sites/Services is
unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and WNYsite.com as
a result of this agreement or use of the WNYsite.com Sites/Services. You
agree to indemnify and hold WNYsite.com, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim, demand, or
damage, including reasonable attorneys' fees, asserted by any third
party due to or arising out of your use of or conduct on the WNYsite.com
Sites/Services. WNYsite.com reserves the right to disclose any personal
information about you or your use of the WNYsite.com Sites/Services,
including its contents, without your prior permission if WNYsite.com has
a good faith belief that such action is necessary to: (1) conform to
legal requirements or comply with legal process; (2) protect and defend
the rights or property of WNYsite.com or its affiliated companies; (3)
enforce the terms or use; or (4) act to protect the interests of its
members or others. WNYsite.com’s performance of this agreement is
subject to existing laws and legal process, and nothing contained in
this agreement is in derogation of WNYsite.com’s right to comply with
governmental, court and law enforcement requests or requirements
relating to your use of the WNYsite.com Sites/Services or information
provided to or gathered by WNYsite.com with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in
effect. Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and WNYsite.com with respect to
the WNYsite.com Sites/Services and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral
or written, between the user and WNYsite.com with respect to the
WNYsite.com Sites/Services. A printed version of this agreement and of
any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to
the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form. WNYsite.com MALL AND MERCHANT INFORMATION
- WNYsite.com MALL Shopping provides merchants' links to you via various
links throughout WNYsite.com; however, each individual merchant
participating at WNYsite.com Shopping Mall is responsible for setting
and explaining their individual shipping, return, security and other
policies applicable to shopping in their stores and purchasing their
products. WNYsite.com does not guarantee, warrant or endorse any product
or service sold by a merchant in WNYsite.com Shopping Mall, nor do we
have any liability or responsibility for the quality or performance of
any product or service sold to you by any merchant. The purchase of any
product or service from a merchant at WNYsite.com Shopping is a
transaction solely between you and that merchant, and any question or
dispute you may have regarding any such product or service should be
addressed directly to the responsible merchant. WNYsite.com has no
responsibility or liability for any merchant or your relationship with
such merchant. You are responsible for paying the entire amount due on
your purchase, including any applicable taxes, shipping and other
charges assessed by the merchant. With respect to applicable taxes, the
merchant will advise you subsequently of the exact amount of tax due on
your purchase. WNYsite.com has no responsibility whatsoever for any
miscalculation or omission by a merchant of applicable taxes on any
sale. You represent and warrant that you are at least 18 years of age
and that you possess the legal right to use WNYsite.com Shopping Mall in
accordance with the stated terms and usage policies. You hereby agree to
supervise usage by, and be responsible for the actions of, any minors
who use your computer and/or registration account to access WNYsite.com
Shopping Mall. FEES; PAYMENT
- WNYsite.com reserves the right to charge advertising fees where
applicable for certain
listings, as well as transaction fees based on certain completed
transactions using the Services. WNYsite.com further reserves the right
to alter any and all fees from time to time, without notice. To see the
current Fee Schedule; and check the Fee Schedule for any updated fee
information each time you use the Services see the advertise
page. You shall be completely responsible for all charges, fees, duties,
taxes, and assessments arising out of the use of the Services. USE OF CLASSIFIED SERVICES
- WNYsite.com Classifieds is offered solely as a forum for you to
utilize the Services to buy and sell goods. WNYsite.com is not involved
in any transaction between you and any other party who uses this Site,
and is not acting as your or any other party's agent. WNYsite.com cannot
screen, censor or otherwise control the listings or any transactions,
including whether a listing is accurately described, whether an item can
be legally purchased or sold in your jurisdiction, or whether a
transaction will be completed as described by the seller or the buyer.
Further, WNYsite.com cannot control or warrant the behavior of the users
of the Services. As such, your use of WNYsite.com Classifieds and its
Services is at your own risk, and WNYsite.com disclaims any liability
with regard to use of the Services and any actions resulting from your
or any other party's participation in the Services. You hereby agree to
release WNYsite.com , its suppliers, service partners, agents,
employees, consultants, officers and directors from all claims, demands
and damages, whether actual or consequential, of every kind, whether
known or unknown, disclosed or undisclosed, arising out of or relating
to any and all listings, transactions, or any other use of WNYsite.com
Classifieds and the Service. Further, because WNYsite.com is not
involved in any transactions between you and other users of the
Services, WNYsite.com cannot and will not be involved in resolving any
disputes relating to any completed or uncompleted transaction for the
purchase or sale of listed goods, additional procedures and guidelines
for buying and selling goods on WNYsite.com Classifieds are set forth
here. You warrant that you will abide by all such additional procedures
and guidelines, as modified from time to time, in connection with your
use of the Services. You further warrant that you will comply with all
applicable laws and regulations regarding use of the Services. Without
limitation, by listing an item for sale, you represent and warrant that
you have the legal right to sell the item, that the item is not
counterfeit, and that it is a genuine and authentic item as described by
the seller; by making a bid or offer to purchase, you warrant that you
have the legal right to make the bid and the resources to honor the bid.
It is your responsibility to determine whether the purchase or sale of
any listed item is authorized by law, statute, or regulation. Without
limitation, the following items may not be sold or offered for sale on
the WNYsite.com Classifieds: firearms, explosives, and ammunition;
alcoholic beverages; tobacco products; food that is not packaged or does
not comply with all applicable laws for sale to consumers by commercial
merchants; pharmaceuticals and controlled substances; counterfeit,
pirated or stolen goods; counterfeit, pirated or other unauthorized
software, including unlicensed back-up copies, beta or pre-release
software, academic edition software licensed solely for use by
authorized educational institutions and other users,
"fulfillment" software or other software not intended for
general public distribution, copies installed on hardware hard drives
without authorization, or software unbundled from the hardware it was
purchased on or with; any goods that infringe or otherwise violate
another party's rights, including copyright, patent, trademark, or
rights of publicity or privacy; goods that are, in WNYsite.com’s sole
discretion, indecent, obscene or pornographic; registered or
unregistered securities; goods which you do not have the legal right to
sell; goods which are misrepresented or which do not in fact exist;
goods which, if sold via the Services, would cause WNYsite.com to
violate any law, statute or regulation. WNYsite.com reserves the right
to cancel any listing or bid at any time for any reason, with or without
cause, and reserves the right to prohibit or restrict access to the
Services to anyone at any time, with or without cause. |
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© 2001,2002,2003,2004 WNYsite.com LLC Corporation. All rights reserved. Terms of use Rev. July 2004 |
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