PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
tradenote.net Access Agreement
THIS AGREEMENT "Agreement" is entered into by and between Tradenote and any individual, corporation, association, agency, company, or other entity who accesses or uses the tradenote.net (the "User" or "you").
The tradenote.net, which is provided without charge to you, is a World Wide Web site on the Internet that is designed to allow users to post classified ads and/or to view classifieds ads posted by other users or interact with those users. The tradenote.net is owned and operated by Tradenote. The tradenote.net contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of the tradenote.net that can be modified by Users, such as posting ads, uploading multimedia files, registering user profiles, and creating Auto-Notify profiles ("Interactive Areas").
1. User Rights and Responsibilities
1.1 Access to the tradenote.net.
You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access the tradenote.net and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing the tradenote.net.
1.2 User Conduct.
You agree to access and use the tradenote.net only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of the tradenote.net, including any Interactive Area, (ii) the use of any networks or other services connected to the tradenote.net, and (iii) the communications means by which you connect your modem, computer, or other equipment to the tradenote.net. By accessing the tradenote.net, you agree that you will not:
(1) restrict or inhibit any other user from using and enjoying the Interactive Features;
(2) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
(3) post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
(4) post or transmit any information, software or other material which contains a virus or other harmful component;
(5) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access the tradenote.net;
(6) disrupt the normal flow of communication in an Interactive Area;
(7) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
(8) violate any operating rule, policy or guideline of your Internet access provider or online service.
2. Intellectual Property Rights
2.1 tradenote.net content.
(a) You acknowledge that Content on the tradenote.net is generally provided by the tradenote.net, individual contributors of Content ("Contributors"), third party licensees, and/or other Users. You acknowledge that Tradenote permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that the Tradenote owns a copyright in the "look and feel," i.e., the selection, coordination, arrangement and presentation of such Content.
(b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to "The tradenote.net" and its URL address. You acknowledge that the Tradenote, its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through the tradenote.net only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on the tradenote.net, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to the Tradenote the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such 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 Intellectual Property Rights that may exist in such Content. You also permit Tradenote to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.
3. Users Generally.
3.1 Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "Tradenote Content") for the purpose of re-selling or re-distributing the tradenote.net Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with tradenote.net, or otherwise commercially exploiting the tradenote.net Content. Systematic retrieval of tradenote.net Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from tradenote.net is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
3.2 Some of the tradenote.net Content displayed on this Site is provided or posted by third parties ("Third Party Content"). tradenote.net is not the author of third-party content, whether contributed by anonymous users or paid content providers. Neither tradenote.net nor any of our affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of our display of the Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. tradenote.net is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, Tradenote is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
3.3 tradenote.net may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that tradenote.net has no control over such third party's web site, does not monitor such sites, and tradenote.net shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.
3.4 Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any of the materials described in the provisions of Section 5.5 below.
3.5 tradenote.net reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall tradenote.net be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
3.6 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by tradenote.net and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
3.8 As a condition of your access to and use of tradenote.net, you agree that you will not use the tradenote.net service to infringe the intellectual property rights of others in any way. tradenote.net will in appropriate circumstances terminate the accounts of members or users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, tradenote.net reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the tradenote.net service, or if Tradenote believes that user conduct is harmful to the interests of tradenote.net, its affiliates, or other users, or for any other reason in tradenote.net's sole discretion, with or without cause.
4. Users Who Post Information on tradenote.net
4.1 You must be a Registered User in order to post information on the Site using the self-help submit and edit tools provided through the Site. Your status as a Registered User is governed by the provisions of Section 4 above.
4.2 No sales agency relationship is created between any User and tradenote.net, our affiliates, directors, officers or employees by virtue of tradenote.net's display of any of the User's information on the Site.
4.3 Each User hereby represents, warrants and agrees to (a) provide tradenote.net with true, accurate, current and complete information to be displayed on the Site and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sublicensable (through multiple tiers) license to tradenote.net to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
4.4 Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to tradenote.net or authorizes tradenote.net to display. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site, are hereafter referred to as "Third Party Rights." Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to tradenote.net or authorizes tradenote.net to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. Each User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
4.4 Each User hereby represents, warrants and agrees that information submitted to tradenote.net for display on the Site shall not:
- contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
- be part of a scheme to defraud other Users of the Site or for any other unlawful purpose;
- relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
- violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- be defamatory, libelous, unlawfully threatening or unlawfully harassing;
- be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
- solicit business from any Users in connection with a commercial activity that competes with Tradenote;
- contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or
- otherwise create any liability for tradenote.net or its affiliates.
- 5.6 Tradenote reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject tradenote.net to liability, violates this Agreement or is otherwise found inappropriate in tradenote.net's opinion. tradenote.net reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, tradenote.net may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and tradenote.net shall not be liable for damages or results thereof and User agrees not to bring any action or claim against tradenote.net for such disclosure. In connection with any of the foregoing, tradenote.net may suspend or terminate the Account of any User as tradenote.net deems appropriate in its sole discretion. User agrees that tradenote.net shall have no liability to User, including no liability for consequential or any other damages, in the event tradenote.net takes any of the actions mentioned in this Section, and that User agrees to bear the risk that tradenote.net may take such actions.
This Agreement comprises the entire agreement between the Tradenote and you, and supersedes any prior agreements with respect to the subject matter herein. Tradenote may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on the tradenote.net. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing the tradenote.net. Your continued accessing and use of the tradenote.net following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of Tradenote to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the state or province of domicile of Tradenote, excluding its conflict of laws rules, and you and Tradenote each submit to the exclusive jurisdiction of the courts of that state or province. This Agreement is personal to you and you may not assign your rights or obligations thereunder to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from the tradenote.net have been done strictly for clarification and identification and does not constitute endorsement by Tradenote of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of Tradenote by such trademark, service mark or link owner.