Terms & Conditions
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE ACCESSING THE “SITE” OR USING ANY PART OF THE SITE OR “SERVICE” (BOTH AS DEFINED BELOW). BY CLICKING ON THE "REGISTER" BUTTON, THE USER (“YOU”) AGREE TO BECOME BOUND BY THE TERMS OF USE. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE TERMS OF USE, CLOSE YOUR BROWSER WINDOW AND YOU WILL NOT HAVE ANY RIGHT TO USE THE SITE.
Acceptance of Terms
The following terms and conditions govern all use of the Classifiedsdepo.com website (the Site) and the services available on or at the Site (taken together, the Service). The Service is owned and operated by Classifieds Depo, LTD. (Company). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the Terms of Use) and all other operating rules, policies and procedures that may be published from time to time on this Site by Company.
Except as otherwise set forth in this paragraph, the Service is available only to individuals who are at least 13 years old or possess legal parental or guardian consent. If You do not so qualify, do not attempt to register for or use the Service. Company may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.
Modification of Terms of Use
Company reserves the right, at its sole discretion, to modify or replace any of the Terms of Use at any time. It is Your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Privacy
Company’s current Site privacy statement is located at http://www.classifiedsdepo.com/privacy-policy.html (the Privacy Policy) and is incorporated into these Terms of Use. For inquiries in regard to the Privacy Policy, or to report a privacy related problem, please contact privacy[at]classifiedsdepo.com
Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use (or otherwise in violation of any of Company’s posted policies such as the Restricted Items Policy). The Service (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for Your own personal, non-commercial use. For purposes of the Terms of Use, “Content” includes, without limitation, any information, data, text, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its partners on or through the Service.
By way of example, and not as a limitation, you shall not to (or permit others to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content using any communications service or other service available on or through the Service, that:
Is fraudulent or involve the sale of counterfeit or stolen items; consists of providing Yourself a cash advance from Your credit card (or helping others to do so); is related in any way to gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office pools); infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; is unlawful, threatening, racist, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Company or any third party; or impersonates any person or entity, including any employee or representative of Company.
Additionally, you shall not:
(i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure;
(ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) redirect (or attempt to redirect) traffic from the Service to any third party Website, or
(iv) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).
You shall not (directly or indirectly):
(i) decipher, decompile, disassemble, reverse engineer or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction,
(ii) modify, translate, or otherwise create derivative works of any part of the Service, or
(iii) copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder.
You shall abide by all applicable local, state, national and international laws and regulations.
Registration
As a condition to using Services, you may be required to register with Company and select a password and screen name (Company User ID). Your screen name cannot be changed, so please select one carefully. You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of Your Company account. You must ensure that Your account with Company contains (at all times) a valid email address. In addition, You shall not
(i) select or use as a Company User ID a name of another person with the intent to impersonate that person;
(ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization; or
(iii) use as a Company User ID a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a Company User ID in its sole discretion. You are solely responsible for activity that occurs on Your account and shall be responsible for maintaining the confidentiality of Your Company password. You shall never use another user’s account without such other user’s express permission. You shall never transfer or assign Your account to any third party. You will immediately notify Company in writing of any unauthorized use of Your account, or other account related security breach of which you are aware.
You shall only have one (1) account with the Service (which, for clarity, means that You will not register (or attempt to register) for more than one (1) account); provided that, within such personal account with the Service you may be able to open sub-accounts.
Buying, Selling and Trading with Other Users
Company provides a platform for third-party sellers (“Sellers”) and buyers (“Buyers”) to negotiate and complete transactions. “Sellers” may include other individual users, as well as third party merchants. Company is not involved in the actual transaction between Sellers and Buyers and is not the agent of and has no authority for either for any purpose.
As a Seller, You may list any item on the Site unless it is a prohibited item as defined in the procedures and guidelines contained in the restricted section or otherwise prohibited by law. It is up to the Seller to accurately describe the item for sale or trade. As a Seller or Buyer, you use the Site and the Services at Your own risk.
By listing an item for a fixed price or trade, You represent and warrant to prospective Buyers that you have the right and ability to sell (or trade, as applicable), and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. By posting a listing for trade or sale, you agree to complete the transaction as described.
You acknowledge that by not fulfilling these obligations, Your action or inaction may be legally actionable. You agree that it is the Seller’s and the Buyer’s responsibility to determine whether sales, use, or similar taxes apply to the transactions and to collect, report, and remit the correct tax to the appropriate tax authority. You also agree that Company is not obligated to determine whether sales, use, or similar taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any said transaction.
Charges and Fee's for Company Products and Services
Certain products and services offered by (or on behalf of) Company through the Site may require payment by you (“Company Products and Services”). You shall pay all applicable fees, as described on the Site, in connection with the Company Products and Services selected by You. All fees are in U.S. dollars unless stated otherwise by Company on the Site. All fees, (including, but not limited to, commission fees) are payable upon demand on by Paypal.com or through Visa, MasterCard, American Express, Discover credit card, or Electronic E-Check. Company reserves the right to change its prices (and to institute new charges) for the Company Products and Services at any time. Purchases by You following the posting of such changes on the Site constitutes Your acceptance of any new or increased charges.
Third Party Sites
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Company’s control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Company Content Generally
You agree that the Service contains Content specifically provided by Company or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Company in writing, you shall not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Content. However, Company hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Content (excluding any software code); provided, that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Company.
User Submissions
The Service may provide you with the ability to publicly: upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) content (including, without limitation, information, data, and images) to the Service (“User Submissions”). By posting User Submissions on or at the Site or otherwise through the Service, you:
grant to Company, its affiliates and their assignees, and the parties to whom the content addressed, a perpetual, irrevocable, non-exclusive, sublicensable, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such User Submissions in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein; represent and warrant that you own or otherwise control all rights to such User Submissions and that disclosure and use of such User Submissions by Company (including without limitation, publishing content on or at the Site) will not infringe or violate the rights of any third party; and acknowledge that such User Submissions may not be treated confidentially.
You shall not provide Company with any confidential or proprietary information that you desire or are required to keep secret. You are solely responsible for the User Submissions you post on or through the Service. Company does not endorse and has no control over any User Submission.
Company has no obligation to monitor the Site, Service, Content, or User Submissions. Company may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
Termination
Company may terminate Your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate Your account, you may simply discontinue using the Service. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
No Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO PRODUCTS PUCHASED OR OTHERWISE ACQUIRED FROM OTHER USER’S OF THE SITE. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR BODILY INJURY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You shall defend, indemnify, and hold harmless Company, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from Your (i) use or misuse of the Service; (ii) Your access to the Site, use of the Services, violation of the Terms of Use by you; or, (iii) the infringement by you, or any third party using Your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.
Disputes with Other Users; Release
Because Company is not the agent of either Sellers or Buyers, Company will not act as an agent to any such Sellers or Buyers in connection with resolving any disputes between such participants related to or arising out of any transaction conducted via the Site or Services. If you have a dispute with one or more users of the Site or Service, you release Company (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. “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.”
International Use
Company makes no representation that the Content is appropriate or available for use in locations outside of the province of Ottawa , Ontario, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at Your own initiative and are responsible for compliance with local laws.
Copyright and Trademark Notices
“Classifieds Depo, LTD.”, as well as page headers, custom graphics, buttons, images and other content on the Site, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Classifieds Depo, LTD. or its licensors, supplier or partners. Other trademarks, product names and company names or logos used on the Site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Site is strictly prohibited.
Miscellaneous
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent.
This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Ottawa, Ontario using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS.
Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the Provincial Federal Courts located in Ottawa, Ontario. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever.