FaunaClassifieds - FAQ: <font color=red>Terms Of Service</font>
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What are the Terms Of Service for using this site?

FaunaClassifieds Terms of Service

Introduction

This page states the Terms and Conditions under which you may use www.FaunaClassifieds.com (the "Web Site"), which is property of FaunaClassifieds, LLC ("FaunaClassifieds"). Please read this page carefully. If you do not accept these Terms and Conditions, do not use the Web Site. We may revise these Terms and Conditions at any time by posting an update to this page. You should visit this page periodically, because your continued use of the Web Site following the posting of changes to these Terms and Conditions, as well as your use of the site after the initial posting of this document, will mean you accept those changes. It will be presumed that any use of this site, including viewing anonymously, will constitute your acceptance of the terms of the conditions stated within this document. In the case of your disagreeing with the terms stated within this document, your sole recourse is to discontinue use of the website.

Description of Service

We provide a message board system which allows registered members to post messages that are viewable to the general public Some forums for posting are restricted to paying members, but in no event will posts be audited or reviewed prior to their being publicly posted. In specific instances of posts made within the Board of Inquiry forum, no regular member outside of the staff of FaunaClassifieds has the capability of editing nor deleting any words they have submitted to being publicly posted. Any staff member who does have the capability to edit or delete such messages and any others within FaunaClassifieds is not obligated to edit or delete anything posted, and in like kind is not obligated to not edit or delete something, regardless of the content.

Personal Use Only

The Web Site is made available for your personal, non-commercial use only, with specifically granted exceptions. You may not use the Web Site to sell a product or service outside of what is allowable in the classified ad sections, or to increase traffic to your web site for any competitive or commercial reasons without the express permission to do so via specific allowances offered via paid membership levels. Any such allowances can be revoked at any time without recourse on your part, if deemed that such activities are not in the best interests of FaunaClassifieds and its members.

Our Intellectual Property

All Web Site materials including, but not limited to, the FaunaClassifieds logos, design, text, graphics, sounds, images and other material, and the selection and arrangement thereof (the "Materials") are copyrighted by FaunaClassifieds, and are protected by United States and foreign intellectual property laws. Individual postings by the members and vendors of this site are copyrighted by the individuals or vendors authoring said posts and threads, and the FaunaClassifieds copyright only extends to the format they are displayed in for the continuity of the discussions participated within, and not the actual content of their posts or photographs in the context of being used by the original poster to share elsewhere. Except as stated herein, none of the Materials may be copied, reproduced, or distributed in any form without the prior written permission of FaunaClassifieds or the specific member or vendor posting the materials in question. Permission is granted to display, copy, and download the Materials on this website for personal, non-commercial and informational use only provided that you may not (a) modify the Materials or (b) remove or alter any copyright or other proprietary notices contained in the Materials.

You may not use, frame or utilize framing techniques to enclose any FaunaClassifieds trademark, logo or other proprietary information (including the images found at this website, the content of any text or the layout/design of any page or form contained on a page) without FaunaClassifieds', or the actual author or owner of said text or images, express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a FaunaClassifieds name, trademark or product name without FaunaClassifieds' express written consent.

FaunaClassifieds makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Member Conduct

You agree to not use the Web Site to:

  1. post any content that is unlawful, obscene, libelous, illegally invasive of another's privacy, threatening of violence, or racially, ethnically or otherwise objectionable;
  2. impersonate any person or entity, including, but not limited to, a FaunaClassifieds admin, moderator, forum member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. post any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  4. post or otherwise make available any unsolicited or unauthorized advertising or promotional materials;
  5. interfere with or, disrupt the Web site or violate the security of the Web Site or servers or networks connected to FaunaClassifieds;
  6. use the Web Site to violate the security of other Web sites by any method.

You acknowledge that we shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any content that is submitted to the Web Site. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

You acknowledge that we shall have the right to terminate your access to the Web Site for violations of any of these rules and other rules posted or implied, including non specified actions on your part that are objectively determined to be socially unacceptable in a public arena. Your participation in a paid membership program does not remove nor reduce your liability for violation of the rules and terms, and termination resulting from such violation(s) does not grant to you a valid claim of refund of any said paid membership in part or in whole from your resulting loss of access to services.

Member Participation

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material placed by you on the Web Site.

If you submit comments or other content to the Web Site, we may make use of your submission, including showing your submission to other users who might benefit from your submission. As such, we need broad rights in the content you submit to the Web Site. The following paragraph describes these rights.

By submitting content to the Web Site, you grant FaunaClassifieds the royalty-free, perpetual, irrevocable, non-exclusive right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (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 rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user of the Web Site to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.

Changes In Terms and Conditions

We may modify or terminate our services from time to time, for any reason, and without notice and without liability to you. We reserve the right to modify these Terms of Service and other pages or threads detailing specific rules and member obligations from time to time without notice. You should visit this page and those other sources periodically, because your continued use of the Web Site following the posting of changes to these Terms and Conditions will mean you accept those changes.

Disclaimer of Warranties

FAUNACLASSIFIEDS DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED ON THE WEBSITE. FAUNACLASSIFIEDS DISCLAIMS ANY RESPONSIBILITY FOR INFORMATION DEEMED INACCURATE OR INCOMPLETE. FAUNACLASSIFIEDS DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL ON THE INTERNET USING THE WEBSITE SOFTWARE.

THE WEBSITE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. FAUNACLASSIFIEDS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FAUNACLASSIFIEDS DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE COMPANY'S WEBSITE. FAUNACLASSIFIEDS DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE

FAUNACLASSIFIEDS DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, FAUNACLASSIFIEDS IS NOT RESPONSIBLE FOR THOSE COSTS.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

Limitation of liability

UNDER NO CIRCUMSTANCES SHALL FAUNACLASSIFIEDS, OR ANYONE IN ANY WAY ASSOCIATED WITH THE MANAGEMENT OF THE SITE, BE LIABLE TO ANY USER FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE WEBSITE OR ANY PORTION THEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES; WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ANY OTHER LEGAL THEORY, (EVEN IF FAUNACLASSIFIEDS, OR MANAGEMENT, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE WEBSITE OR COMMUNICATIONS TO USERS, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY FAUNACLASSIFIEDS' COMMUNICATIONS TO USERS. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Without limiting the foregoing, under no circumstances shall FaunaClassifieds be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, DDoS attacks or other methods of external malicious disruption of service, or loss of or fluctuations in heat, light, or air conditioning.

Miscellaneous Provisions

You expressly agree that exclusive jurisdiction for any dispute with FaunaClassifieds or in any way relating to your use of the FaunaClassifieds site, resides in the Courts of the Tallahassee district of Florida, and you further agree and expressly consent to the exercise of personal jurisdiction in the Courts of the Tallahassee District of Florida in connection with any dispute including any claim involving FaunaClassifieds, or its affiliates, subsidiaries, contractors, officers, owner, administrator, moderators, telecommunication providers, and content providers. All disputes related to this document and other related documents of Terms of Service and use of this Web site shall be adjudicated in the State or Federal courts located in the City of Tallahassee, Florida.

These Terms of Service and all claims related to them, their execution or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence, and shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. However, other terms may be posted in specific areas of the website that are offered as guidance and additional terms of service specific to that particular area. Those terms are in addition to the terms stated within this document. Any waiver of any provision of the Terms of Service in any manner related to the site will be effective only if in writing and signed by FaunaClassifieds.



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