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1. ACCEPTANCE OF
TERMS
SimplyTowns provides a
collection of online resources, including
classified ads, business listings, forums, and
various other information, (referred to
hereafter as "the Service") subject to the
following Terms of Agreement ("TOA"). By using
the Service in any way, you are agreeing to
comply with the TOA. In addition, when using
particular SimplyTowns services, you agree to
abide by any applicable posted guidelines for
all SimplyTowns services, which may change from
time to time. Should you object to any term or
condition of the TOA, any guidelines, or any
subsequent modifications thereto or become
dissatisfied with SimplyTowns in any way, your
only recourse is to immediately discontinue use
of SimplyTowns. SimplyTowns has the right,
but is not obligated, to strictly enforce the
TOA through self-help, community moderation,
active investigation, litigation and
prosecution.
2. MODIFICATIONS TO
THIS AGREEMENT
We reserve the right, at our
sole discretion, to change, modify or otherwise
alter these terms and conditions at any
time. Such modifications shall become
effective immediately upon the posting thereof.
You must review this agreement on a regular
basis to keep yourself apprised of any changes.
You can find the most recent version of the TOA
at:
http://www.simplytowns.org/about/terms.of.use.html
3.
CONTENT
You understand that all
postings, messages, text, files, images, photos
or other materials ("Content") posted on,
transmitted through, or linked from the Service,
are the sole responsibility of the person from
whom such Content originated. More specifically,
you are entirely responsible for each individual
item ("Item") of Content that you post, email or
otherwise make available via the Service. You
understand that SimplyTowns does not control,
and is not responsible for Content made
available through the Service, and that by using
the Service, you may be exposed to Content that
is offensive, indecent, inaccurate, misleading,
or otherwise objectionable. Furthermore, the
SimplyTowns site and Content available through
the Service may contain links to other websites,
which are completely independent of SimplyTowns.
SimplyTowns makes no representation or warranty
as to the accuracy, completeness or authenticity
of the information contained in any such site.
Your linking to any other websites is at your
own risk. You agree that you must evaluate, and
bear all risks associated with, the use of any
Content, that you may not rely on said Content,
and that under no circumstances will SimplyTowns
be liable in any way for any Content or for any
loss or damage of any kind incurred as a result
of the use of any Content posted, business
listings, persons emailed or anyone or anything
otherwise made available via the Service. You
acknowledge that SimplyTowns does not pre-screen
or approve or render judgment about any Content,
but that SimplyTowns shall have the right (but
not the obligation) in its sole discretion to
refuse, delete or move any Content that is
available via the Service, for violating the
letter or spirit of the TOA or for any other
reason.
4. THIRD PARTY
CONTENT, SITES, AND SERVICES
The SimplyTowns site and
Content available through the Service may
contain features and functionalities that may
link you or provide you with access to third
party content which is completely independent of
SimplyTowns, including web sites, directories,
servers, networks, systems, information and
databases, applications, software, programs,
products or services, and the Internet as a
whole.
Your interactions with
organizations and/or individuals found on or
through the Service, including payment and
delivery of goods or services, and any other
terms, conditions, warranties or representations
associated with such dealings, are solely
between you and such organizations and/or
individuals. You should make whatever
investigation you feel necessary or appropriate
before proceeding with any online or offline
transaction with any of these third
parties.
You agree that SimplyTowns
shall not be responsible or liable for any loss
or damage of any sort incurred as the result of
any such dealings. If there is a dispute between
participants on this site, or between users and
any third party, you understand and agree that
SimplyTowns is under no obligation to become
involved. In the event that you have a dispute
with one or more other users, you hereby release
SimplyTowns, its officers, employees, agents and
successors in rights from claims, demands and
damages (actual and consequential) of every kind
or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising
out of or in any way related to such disputes
and / or our service. If you are a California
resident, you waive California Civil Code
Section 1542, which says: "A general release
does not extend to claims which the creditor
does not know or suspect to exist in his favor
at the time of executing the release, which, if
known by him must have materially affected his
settlement with the debtor."
5. NOTIFICATION
OF CLAIMS OF INFRINGEMENT
If you believe that your work
has been copied in a way that constitutes
copyright infringement, or your intellectual
property rights have been otherwise violated,
please notify a SimplyTowns agent for notice of
claims of copyright or other intellectual
property infringement ("Agent"), at
abuse@simplytowns.com
or:
Copyright
Agent
SimplyTowns
195 Smithtown
Blvd.
Nesconset, NY
11767
Please provide our Agent with
the following Notice:
a) Identify the material on
the SimplyTowns site that you claim is
infringing, with enough detail so that we may
locate it on the website;
b) A statement by you that you
have a good faith belief that the disputed use
is not authorized by the copyright owner, its
agent, or the law;
c) A statement by you
declaring under penalty of perjury that (1) the
above information in your Notice is accurate,
and (2) that you are the owner of the copyright
interest involved or that you are authorized to
act on behalf of that owner;
d) Your address, telephone
number, and email address; and
e) Your physical or electronic
signature.
SimplyTowns will remove the
infringing posting(s), subject to the procedures
outlined in the Digital Millennium Copyright Act
(DMCA).
6. PRIVACY AND
INFORMATION DISCLOSURE
Your use of the SimplyTowns
website or the Service signifies acknowledgement
of and agreement to our Privacy Policy. You
further acknowledge and agree that SimplyTowns
may, in its sole discretion, preserve or
disclose your Content, as well as your
information, such as email addresses, IP
addresses, timestamps, and other user
information, if required to do so by law or in
the good faith belief that such preservation or
disclosure is reasonably necessary to: comply
with legal process; enforce the TOA; respond to
claims that any Content violates the rights of
third-parties; respond to claims that contact
information (e.g. phone number, street address)
of a third-party has been posted or transmitted
without their consent or as a form of
harassment; protect the rights, property, or
personal safety of SimplyTowns, its users or the
general public.
7.
CONDUCT
You agree not to post, email,
or otherwise make available Content:
a) that is unlawful, harmful,
threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is
harmful to minors in any way;
b) that is pornographic or
depicts a human being engaged in actual sexual
conduct including but not limited to (i) sexual
intercourse, including genital-genital,
oral-genital, anal-genital, or oral-anal,
whether between persons of the same or opposite
sex, or (ii) bestiality, or (iii) masturbation,
or (iv) sadistic or masochistic abuse, or (v)
lascivious exhibition of the genitals or pubic
area of any person;
c) that harasses, degrades,
intimidates or is hateful toward an individual
or group of individuals on the basis of
religion, gender, sexual orientation, race,
ethnicity, age, or disability;
d) that violates the Fair
Housing Act by stating, in any notice or ad
for
the sale or rental of any dwelling, a
discriminatory preference based on race, color,
national origin, religion, sex, familial status
or handicap
(or violates any state or local
law prohibiting discrimination on the
basis
of these or other characteristics);
e) that violates federal,
state, or local equal employment
opportunity
laws, including but not limited
to, stating in any advertisement
for
employment a preference or requirement
based on race, color, religion, sex, national
origin, age, or disability.
f) with respect to employers
that employ four or more employees,
that
violates the anti-discrimination
provision of the Immigration and
Nationality
Act, including requiring U.S. citizenship or
lawful
permanent residency (green card
status) as a condition for employment, unless
otherwise required in order to comply with law,
regulation, executive order, or federal, state,
or local government contract.
g) that impersonates any
person or entity, including, but not limited to,
a SimplyTowns employee, or falsely states or
otherwise misrepresents your affiliation with a
person or entity (this provision does not apply
to Content that constitutes lawful non-deceptive
parody of public figures.);
h) that includes personal or
identifying information about another person
without that person's explicit consent;
i) that is false, deceptive,
misleading, deceitful, misinforms, or
constitutes "bait and switch";
j) that infringes any patent,
trademark, trade secret, copyright or other
proprietary rights of any party, or Content that
you do not have a right to make available under
any law or under contractual or fiduciary
relationships;
k) that constitutes or
contains "affiliate marketing," "link
referral code," "junk mail," "spam," "chain
letters," "pyramid schemes," or unsolicited
commercial advertisement;
l) that constitutes or
contains any form of advertising or solicitation
if: posted in areas of the SimplyTowns sites
which are not designated for such purposes; or
emailed to SimplyTowns users who have not
indicated in writing that it is ok to contact
them about other services, products or
commercial interests.
m) that includes links to
commercial services or web sites, except as
allowed in "services";
n) that advertises any illegal
service or the sale of or free offering of any
items the sale or offering of which is
prohibited or restricted by any applicable law,
including without limitation items the sale of
which is prohibited or regulated by California
law. A partial list of prohibited items for sale
and prohibited services offered is provided at
the following web address for your
convenience:
http://simplytowns.com/about/prohibited.items.html
o) that contains software
viruses or any other computer code, files or
programs designed to interrupt, destroy or limit
the functionality of any computer software or
hardware or telecommunications equipment;
p) that disrupts the normal
flow of dialogue with an excessive amount of
Content (flooding attack) to the Service, or
that otherwise negatively affects other users'
ability to use the Service; or
q) that employs misleading
email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the
origin of Content transmitted through the
Service.
Additionally, you agree not
to:
r) contact anyone who has
asked not to be contacted, or make unsolicited
contact with anyone for any commercial
purpose;
s) "stalk" or otherwise harass
anyone;
t) collect personal data about
other users for commercial or unlawful
purposes;
u) use automated means,
including spiders, robots, crawlers, data mining
tools, or the like to download data from the
Service - unless expressly permitted by
SimplyTowns.
v) post non-local or otherwise
irrelevant Content, repeatedly post the same or
similar Content or otherwise impose an
unreasonable or disproportionately large load on
our infrastructure;
w) post the same item or
service in more than one classified category or
forum, or in more than one metropolitan
area;
x) attempt to gain
unauthorized access to SimplyTowns computer
systems or engage in any activity that disrupts,
diminishes the quality of, interferes with the
performance of, or impairs the functionality of,
the Service or the SimplyTowns website; or
y) use any form of automated
device or computer program that enables the
submission of postings on SimplyTowns without
each posting being manually entered by the
author thereof (an "automated posting device"),
including without limitation, the use of any
such automated posting device to submit postings
in bulk, or for automatic submission of postings
at regular intervals.
8. POSTING
AGENTS
A "Posting Agent" is a
third-party agent, service, or
intermediary
that offers to post Content to
the Service on behalf of others. To moderate
demands on SimplyTowns resources, you may not
use a Posting Agent to post Content to the
Service without express permission or license
from SimplyTowns. Correspondingly, Posting
Agents are not permitted to post Content on
behalf of others, to cause Content to be so
posted, or otherwise access the Service to
facilitate posting Content on behalf of others,
except with express permission or license from
SimplyTowns.
9. NO SPAM
POLICY
You understand and agree that
sending unsolicited email advertisements to
SimplyTowns email addresses or through
SimplyTowns computer systems, which is expressly
prohibited by these Terms, will use or cause to
be used servers located in New York. Any
unauthorized use of SimplyTowns computer systems
is a violation of these Terms and certain
federal and state laws, including without
limitation the Computer Fraud and Abuse Act (18
U.S.C. § 1030 et seq.). Such violations may
subject the sender and his or her agents to
civil and criminal penalties.
11. LIMITATIONS ON
SERVICE
You acknowledge that
SimplyTowns may establish limits concerning use
of the Service, including the maximum number of
days that Content will be retained by the
Service, the maximum number and size of
postings, email messages, or other Content that
may be transmitted or stored by the Service, and
the frequency with which you may access the
Service. You agree that SimplyTowns has no
responsibility or liability for the deletion or
failure to store any Content maintained or
transmitted by the Service. You acknowledge that
re SimplyTowns serves the right at any time to
modify or discontinue the Service (or any part
thereof) with or without notice, and that
SimplyTowns shall not be liable to you or to any
third party for any modification, suspension or
discontinuance of the Service.
12. ACCESS TO THE
SERVICE
SimplyTowns grants you a
limited, revocable, nonexclusive license to
access the Service for your own personal
use. This license does not include: (a)
access to the Service by Posting Agents; or (b)
any collection, aggregation, copying,
duplication, display or derivative use of the
Service nor any use of data mining, robots,
spiders, or similar data gathering and
extraction tools for any purpose unless
expressly permitted by SimplyTowns. A limited
exception to (b) is provided to general purpose
internet search engines and non-commercial
public archives that use such tools to gather
information for the sole purpose of displaying
hyperlinks to the Service, provided they each do
so from a stable IP address or range of IP
addresses using an easily identifiable agent.
"General purpose internet search engine" does
not include a website or search engine or other
service that specializes in classified listings
or in any subset of classifieds listings such as
jobs, housing, for sale or services or which is
in the business of providing classified ad
listing services.
SimplyTowns permits you to
display on your website, or create a hyperlink
on your website to, individual postings on the
Service so long as such use is for noncommercial
and/or news reporting purposes only (e.g., for
use in personal web blogs or personal online
media). If the total number of such postings
displayed or linked to on your website exceeds
fifty (50) postings, your use will be presumed
to be in violation of the TOA, absent express
permission granted by SimplyTowns to do
so. You may also create a hyperlink to the
home page of SimplyTowns sites so long as the
link does not portray SimplyTowns, its
employees, or its affiliates in a false,
misleading, derogatory, or otherwise offensive
matter.
SimplyTowns offers various
parts of the Service so that users can embed
individual feeds into a personal website or
blog, or view postings through third party
software news aggregators. SimplyTowns
permits you to display, excerpt from, and link
to your personal website or personal web blog,
provided that (a) your use is for personal,
non-commercial purposes only, (b) each title is
correctly linked back to the original post on
the Service and redirects the user to the post
when the user clicks on it, (c) you provide
proper attribution to SimplyTowns as the source,
(d) your use or display does not suggest that
SimplyTowns promotes or endorses any third party
causes, ideas, web sites, products or services,
(e) you do not redistribute the feed, and (f)
your use does not overburden SimplyTowns
systems. SimplyTowns reserves all rights in the
content of the feeds and may terminate any feed
at any time.
Use of the Service beyond the
scope of authorized access granted to you by
SimplyTowns immediately terminates said
permission or license. In order to
collect, aggregate, copy, duplicate, display or
make derivative use of the Service or any
Content made available via the Service for other
purposes (including commercial purposes) not
stated herein, you must first obtain a license
from SimplyTowns
13. TERMINATION OF
SERVICE
You agree that SimplyTowns, in
its sole discretion, has the right (but not the
obligation) to delete or deactivate your
account, block your email or IP address, or
otherwise terminate your access to or use of the
Service (or any part thereof), immediately and
without notice, and remove and discard any
Content within the Service, for any reason,
including, without limitation, if SimplyTowns
believes that you have acted inconsistently with
the letter or spirit of the TOA. Further, you
agree that SimplyTowns shall not be liable to
you or any third-party for any termination of
your access to the Service. Further, you agree
not to attempt to use the Service after said
termination. Sections 2, 4, 6 and 10-16 shall
survive termination of the TOA.
14. PROPRIETARY
RIGHTS
The Service is protected to
the maximum extent permitted by copyright laws
and international treaties. Content displayed on
or through the Service is protected by copyright
as a collective work and/or compilation,
pursuant to copyrights laws, and international
conventions. Any reproduction, modification,
creation of derivative works from or
redistribution of the site or the collective
work, and/or copying or reproducing the sites or
any portion thereof to any other server or
location for further reproduction or
redistribution is prohibited without the express
written consent of SimplyTowns. You further
agree not to reproduce, duplicate or copy
Content from the Service without the express
written consent of SimplyTowns and agree to
abide by any and all copyright notices displayed
on the Service. You may not decompile or
disassemble, reverse engineer or otherwise
attempt to discover any source code contained in
the Service. Without limiting the foregoing, you
agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes,
any aspect of the Service. SimplyTowns is a
registered mark in the U.S. Patent and Trademark
Office.
Although SimplyTowns does not
claim ownership of content that its users post,
by posting Content to any public area of the
Service, you automatically grant, and you
represent and warrant that you have the right to
grant, to SimplyTowns an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to
use, copy, perform, display, and distribute said
Content and to prepare derivative works of, or
incorporate into other works, said Content, and
to grant and authorize sublicenses (through
multiple tiers) of the foregoing. Furthermore,
by posting Content to any public area of the
Service, you automatically grant SimplyTowns all
rights necessary to prohibit any subsequent
aggregation, display, copying, duplication,
reproduction, or exploitation of the Content on
the Service by any party for any purpose.
15. DISCLAIMER OF
WARRANTIES
you agree that use of the
SimplyTowns site and the service is entirely at
your own risk. The SimplyTowns website and the
service are provided on an "as is" or "as
available" basis, without any warranties of any
kind. All express and implied warranties,
including, without limitation, the warranties of
merchantability, fitness for a particular
purpose, and non-infringement of proprietary
rights are expressly disclaimed to the fullest
extent permitted by law. to the fullest
extent permitted by law, SimplyTowns disclaims
any warranties for the security, reliability,
timeliness, accuracy, and performance of the
SimplyTowns site and the service to the fullest
extent permitted by law, SimplyTowns disclaims
any warranties for other services or goods
received through or advertised on the
SimplyTowns site or the sites or service, or
accessed through any links on the SimplyTowns
site to the fullest extent permitted by law,
SimplyTowns disclaims any warranties for viruses
or other harmful components in connection with
the SimplyTowns site or the service. Some
jurisdictions do not allow the disclaimer of
implied warranties. In such jurisdictions, some
of the foregoing disclaimers may not apply to
you insofar as they relate to implied
warranties.
16. LIMITATIONS OF
LIABILITY
Under no circumstances shall
SimplyTowns be liable for direct, indirect,
incidental, special, consequential or exemplary
damages (even if SimplyTowns has been advised of
the possibility of such damages), resulting from
any aspect of your use of the SimplyTowns site
or the service, whether the damages arise from
use or misuse of the SimplyTowns site or the
service, from inability to use the SimplyTowns
site or the service, or the interruption,
suspension, modification, alteration, or
termination of the SimplyTowns site or the
service. Such limitation shall also apply with
respect to damages incurred by reason of other
services or products received through or
advertised in connection with the SimplyTowns
site or the service or any links on the
SimplyTowns site, as well as by reason of any
information or advice received through or
advertised in connection with the SimplyTowns
site or the service or any links on the
SimplyTowns site. These limitations shall
apply to the fullest extent permitted by law. In
some jurisdictions, limitations of liability are
not permitted. In such jurisdictions, some
of the foregoing limitation may not apply to
you.
17.
INDEMNITY
You agree to indemnify and
hold SimplyTowns, its officers, subsidiaries,
affiliates, successors, assigns, directors,
officers, agents, service providers, suppliers
and employees, harmless from any claim or
demand, including reasonable attorney fees and
court costs, made by any third party due to or
arising out of Content you submit, post or make
available through the Service, your use of the
Service, your violation of the TOA, your breach
of any of the representations and warranties
herein, or your violation of any rights of
another.
18. GENERAL
INFORMATION
The TOA constitute the entire
agreement between you and SimplyTowns and govern
your use of the Service, superseding any prior
agreements between you and SimplyTowns. The TOA
and the relationship between you and SimplyTowns
shall be governed by the laws of the State of
New York without regard to its conflict of law
provisions. You and SimplyTowns agree to submit
to the personal and exclusive jurisdiction of
the courts located within the county of Suffolk,
New York. The failure of SimplyTowns to exercise
or enforce any right or provision of the TOA
shall not constitute a waiver of such right or
provision. If any provision of the TOA is found
by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the
court should endeavor to give effect to the
parties' intentions as reflected in the
provision, and the other provisions of the TOA
remain in full force and effect. You agree that
regardless of any statute or law to the
contrary, any claim or cause of action arising
out of or related to use of the Service or the
TOA must be filed within one (1) year after such
claim or cause of action arose or be forever
barred.
19. VIOLATION OF TERMS
AND LIQUIDATED DAMAGES
Please report
any violations of the TOA by emailing to:
abuse@simplytowns.com
Our failure to act with
respect to a breach by you or others does not
waive our right to act with respect to
subsequent or similar breaches.
You understand and agree that,
because damages are often difficult to quantify,
if it becomes necessary for SimplyTowns to
pursue legal action to enforce these Terms, you
will be liable to pay SimplyTowns the following
amounts as liquidated damages, which you accept
as reasonable estimates of SimplyTowns damages
for the specified breaches of these Terms:
a. If you post a message that
(1) impersonates any person or entity; (2)
falsely states or otherwise misrepresents your
affiliation with a person or entity; or (3) that
includes personal or identifying information
about another person without that person's
explicit consent, you agree to pay SimplyTowns
one thousand five hundred dollars ($1,500) for
each such message. This provision does not
apply to Content that constitutes lawful
non-deceptive parody of public figures.
b. If SimplyTowns establishes
limits on the frequency with which you may
access the Service, or terminates your access to
or use of the Service, you agree to pay
SimplyTowns two hundred dollars ($200) for each
message posted in excess of such limits or for
each day on which you access SimplyTowns in
excess of such limits, whichever is higher.
c. If you send unsolicited
email advertisements to SimplyTowns email
addresses or through SimplyTowns computer
systems, you agree to pay SimplyTowns fifty
dollars ($50) for each such email.
d. If you post Content in
violation of the TOA, other than as described
above, you agree to pay SimplyTowns two hundred
dollars ($200) for each Item of Content posted.
In its sole discretion, SimplyTowns may elect to
issue a warning before assessing damages.
e. If you are a Posting Agent
that uses the Service in violation of
the
TOA, in addition to any liquidated
damages under clause (d), you agree to pay
SimplyTowns two hundred dollars ($200) for each
and every Item you post in violation of the
TOA. A Posting Agent will also be deemed
an agent of the party engaging the Posting Agent
to access the Service (the "Principal"), and the
Principal (by engaging the Posting Agent in
violation of the TOA) agrees to pay SimplyTowns
an additional two hundred dollars ($200) for
each Item posted by the Posting Agent on behalf
of the Principal in violation of the TOA.
f. If you aggregate, display,
copy, duplicate, reproduce, or otherwise exploit
for any purpose any Content (except for your own
Content) in violation of these Terms without
SimplyTowns express written permission, you
agree to pay SimplyTowns five thousand dollars
($5,000) for each day on which you engage in
such conduct.
Otherwise, you agree to pay
SimplyTowns actual damages, to the extent such
actual damages can be reasonably calculated.
Notwithstanding any other provision of these
Terms, SimplyTowns retains the right to seek the
remedy of specific performance of any term
contained in these Terms, or a preliminary or
permanent injunction against the breach of any
such term or in aid of the exercise of any power
granted in these Terms, or any combination
thereof.
20.
FEEDBACK
We welcome your questions and
comments on this document in the SimplyTowns
feedback
forum:
http://forums@simplytowns.com/ |
