1. ACCEPTANCE OF TERMS
Transit Bay Area Classifieds provides its
service to you, subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you. In addition, when using
particular Transit Bay Area Classifieds services, you shall be subjected to any
posted guidelines or rules applicable to such services which may be
posted from time to time. All such guidelines or rules (including but
not limited to our
Spam Policy) are hereby incorporated by reference into the TOS.
Transit Bay Area Classifieds may also offer other services that are governed by different
terms of service policies.
2. DESCRIPTION OF SERVICE
Transit Bay Area Classifieds currently provides users with
access to a rich collection of resources, including, various
communications tools, forums, shopping services, personalized content
and branded programming through its network of properties (the
"Service"). You also understand and agree that this service may include
advertisements and that these advertisements are necessary for Transit Bay Area Classifieds
to provide this service. You also understand and agree that this
service
may include certain communications from Transit Bay Area Classifieds,
such as service announcements, administrative messages and Transit Bay Area Classifieds Newsletter, and
that these communications are considered part of Transit Bay Area Classifieds membership and
you will not be able to opt out of receiving them. Unless explicitly
stated otherwise, any new features that augment or enhance the current
service, including the release of new website properties, shall be
subject to the TOS. You understand and agree that this service is
provided "AS-IS" and that Transit Bay Area Classifieds assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings. You are responsible for
obtaining access to this service and that access may involve third
party fees (such as Internet service provider or airtime charges). You
are responsible for those fees, including those fees associated with
the display or delivery of advertisements. In addition, you must
provide and are responsible for all equipment necessary to access this
service.
Please be aware that Transit Bay Area Classifieds has created
certain areas on this service that may contain adult or mature content. You
must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of this service, you represent that you are of legal age to form a binding
contract and are not a person barred from receiving services under the
laws of the United States or other applicable jurisdiction. You also
agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by this service's registration form (such
information being the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Transit Bay Area Classifieds has reasonable
grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Transit Bay Area Classifieds has the right to suspend or terminate
your account and refuse any and all current or future use of this
service (or any portion thereof). Transit Bay Area Classifieds is concerned about the
safety and privacy of all its users, particularly children. For this
reason, parents of children under the age of 13 who wish to allow
their children access to this service must create the account in the
understanding that the parent(s) is liable for the child's behavior.
When you create an account for a child, you certify that you are at
least 18 years old and that you are the legal guardian of the
child/children. By creating an account for a child, you also give your
child permission to access all of the services
including, email, message boards, instant messages and chat (among
others). Please remember that this service is designed to appeal to a
broad audience. Accordingly, as the legal guardian, it is your
responsibility to determine whether any of this services and/or content
(as defined in Section 6 below) are appropriate for your child.
4. PRIVACY POLICY
Registration Data and certain other
information about you is subject to our Privacy Policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account
designation upon completing this service's registration process. You
are responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that occur
under your password or account. You agree to (a) immediately notify
Transit Bay Area Classifieds of any unauthorized use of your password or account or any
other breach of security, and (b) ensure that you exit from your
account at the end of each session. Transit Bay Area Classifieds cannot and will not be
liable for any loss or damage arising from your failure to comply with
this Section 5.
6. MEMBER CONDUCT
You understand that all information, data,
text, software, music, sound, photographs, graphics, video, messages
or other materials ("content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such
content originated. This means that you, and not Transit Bay Area Classifieds, are entirely
responsible for all content that you upload, post, email, transmit or
otherwise make available via this, and any other service Transit Bay Area Classifieds
operates. Transit Bay Area Classifieds does not control the
content posted via this service and does not guarantee the
accuracy, integrity or quality of such content. You understand that by
using this service, you may be exposed to content that is offensive,
indecent or objectionable. Under no circumstances will Transit Bay Area Classifieds be
liable in any way for any content, including, but not limited to, for
any errors or omissions in any content, or for any loss or damage of
any kind incurred as a result of the use of any content uploaded, posted,
emailed, transmitted or otherwise made available via this service.
You agree to not use this service to:
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upload, post, email, transmit or
otherwise make available any content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable;
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harm minors in any way;
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impersonate any person or entity,
including, but not limited to, a Transit Bay Area Classifieds.com official, guide or host,
or falsely state or otherwise misrepresent your affiliation with a person or entity;
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forge headers or otherwise manipulate
identifiers in order to disguise the origin of any content
transmitted through this service;
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upload, post, email, transmit or
otherwise make available any content that you do not have a right to
make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
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upload, post, email, transmit or
otherwise make available any content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
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upload, post, email, transmit or
otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation,
except in those areas (such as shopping rooms) that are designated
for such purpose (please read our complete
Spam Policy);
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upload, post, email, transmit or
otherwise make available any material 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;
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disrupt the normal flow of dialogue,
cause a screen to "scroll" faster than other users of this
service
are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
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interfere with or disrupt this service or
servers or networks connected to this service, or disobey any
requirements, procedures, policies or regulations of networks
connected to this service;
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intentionally or unintentionally violate
any applicable local, state, national or international law,
including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or
other securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ, and
any regulations having the force of law;
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"stalk" or otherwise harass another;
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collect or store personal data about
other users; or
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promote or solicit an unauthorized business.
You acknowledge that Transit Bay Area Classifieds may not
pre-screen content, but that Transit Bay Area Classifieds and its designees shall have the
right (but not the obligation) in their sole discretion to disapprove,
delete, or
move any content that is available via this service. Without limiting
the foregoing, Transit Bay Area Classifieds and its designees shall have the right to remove
any content that violates the TOS or is otherwise objectionable. 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. In this regard, you
acknowledge that you may not rely on any content created by Transit Bay Area Classifieds or
submitted to Transit Bay Area Classifieds, including without limitation information in
Transit Bay Area Classifieds' chatrooms, forums, and any other websites operated by
Transit Bay Area Classifieds and its affiliates.
You acknowledge, consent and agree that
Transit Bay Area Classifieds may access, preserve, and disclose your account information and
content if required to do so by law or in a good faith belief that
such access preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims
that any content violates the rights of third-parties; (d) respond to
your requests for customer service; or (e) protect the rights,
property, or personal safety of Transit Bay Area Classifieds, its users and the public.
You understand that the technical
processing and transmission of this service, including your content,
may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks
or devices.
You understand that this service and
software embodied within this service may include security components
that permit digital materials to be protected, and use of these
materials is subject to usage rules set by Transit Bay Area Classifieds and/or content
providers who provide content to this service. You may not attempt to
override or circumvent any of the usage rules embedded into this
service. Any unauthorized reproduction, publication, further
distribution or public exhibition of the materials provided on this
service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL
USE
Recognizing the global nature of the
Internet, you agree to comply with all local rules regarding online
conduct and acceptable content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE
FOR INCLUSION ON THIS SERVICE
Transit Bay Area Classifieds does not claim ownership of
content
you submit or make available for inclusion on this service. However,
with respect to content you submit or make available for inclusion on
publicly accessible areas of this service, you grant Transit Bay Area Classifieds the
following world-wide, royalty free and non-exclusive license(s), as
applicable:
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With respect to content you submit or
make available for inclusion on publicly accessible areas of Transit Bay Area Classifieds' departments, the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such content on this service
solely for the purposes of providing and promoting the specific
Transit Bay Area Classifieds.com'
departments to which such content was submitted or made available.
This license exists only for as long as you elect to continue to
include such content on this service and will terminate at the time
you remove or Transit Bay Area Classifieds removes such content from this service.
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With respect to photos, graphics, audio
or video you submit or make available for inclusion on publicly
accessible area of this service other than Transit Bay Area Classifieds.com' departments, the license
to use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such content on this service solely for the purpose
for which such content was submitted or made available. This license
exists only for as long as you elect to continue to include such
content on this service and will terminate at the time you remove or Transit Bay Area Classifieds removes such
content from this service.
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With respect to content other than
photos, graphics, audio or video you submit or make available for
inclusion on publicly accessible areas of this service other than
Transit Bay Area Classifieds' departments, the perpetual, irrevocable and fully sub-licensable
license to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display such content (in
whole or in part) and to incorporate such content into other works
in any format or medium now known or later developed.
"Publicly accessible" areas of this service are those areas of Transit Bay Area Classifieds network of properties that are intended
by Transit Bay Area Classifieds to be available to the general public. By way of example,
publicly accessible areas of this service would include Transit Bay Area Classifieds' Message
Boards and portions of Transit Bay Area Classifieds' departments, Photos and Briefcase that are
open to both members and visitors. However, publicly accessible areas
of this service would not include portions of CC departments that are
limited to members, CC services intended for private communication
such as CC Mail or CC Messenger, or areas off of the
CC
network of properties such as portions of World Wide Web sites that
are accessible through via hypertext or other links but are not hosted
or served by CC.
9. INDEMNITY
You agree to indemnify and hold CC,
and its subsidiaries, affiliates, officers, agents, co-branders or
other partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to
or arising out of content you submit, upload, post, transmit or make available
through this service, your use of this service, your connection to
this service, your violation of the TOS, or your violation of any rights of
another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate,
copy, sell, trade, resell or exploit for any commercial purposes, any
portion of this service (including your CC I.D., username,
nickname, screen name, etc), use of this service, or access to this
service.
11. GENERAL PRACTICES REGARDING USE AND
STORAGE
You acknowledge that Transit Bay Area Classifieds may establish
general practices and limits concerning use of this service, including
without limitation the maximum number of days that email messages,
message board postings or other uploaded content will be retained by
this service, the maximum number of email messages that may be sent
from or received by an account on this service, the maximum size of any
email message that may be sent from or received by an account on this
service, the maximum disk space that will be allotted on Transit Bay Area Classifieds'
servers on your behalf, and the maximum number of times (and the
maximum duration for which) you may access this service in a given
period of time. You agree that Transit Bay Area Classifieds has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other content maintained or transmitted by this
service. You acknowledge that Transit Bay Area Classifieds reserves the right to log off
accounts that are inactive for an extended period of time. You further
acknowledge that Transit Bay Area Classifieds reserves the right to modify these general
practices and limits from time to time.
12. MODIFICATIONS TO SERVICE
Transit Bay Area Classifieds reserves the right at any time and
from time to time to modify or discontinue, temporarily or
permanently, this service (or any part thereof) with or without notice.
You agree that Transit Bay Area Classifieds shall not be liable to you or to any third party
for any modification, suspension or discontinuance of this service.
13. TERMINATION
You agree that Transit Bay Area Classifieds may, under
certain circumstances and without prior notice, immediately
terminate your Transit Bay Area Classifieds.com account, any associated email address, and
access to this service. Cause for such termination shall include, but
not be limited to, (a) breaches or violations of the TOS or other
incorporated agreements or guidelines, (b) requests by law enforcement
or other government agencies, (c) a request by you (self-initiated
account deletions), (d) discontinuance or material modification to
this service (or any part thereof), (e) unexpected technical or security
issues or problems, and (f) extended periods of inactivity.
Termination of your Transit Bay Area Classifieds.com account includes (a) removal of access to
all offerings within this service, including but not limited to Transit Bay Area Classifieds
Mail, departments, Messenger, Chat, Domains, Personals, Auctions, Message
Boards, Greetings, Alerts and Games, (b) deletion of your password and
all related information, files and content associated with or inside
your account (or any part thereof), and (c) barring further use of
this service. Further, you agree that all terminations for cause shall be
made in Transit Bay Area Classifieds's sole discretion and that Transit Bay Area Classifieds shall not be liable
to you or any third-party for any termination of your account, any
associated email address, or access to this service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings
with, or participation in promotions of, advertisers found on or
through this service, including payment and delivery of related goods
or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you
and such advertiser. You agree that Transit Bay Area Classifieds shall not be responsible or
liable for any loss or damage of any sort incurred as the result of
any such dealings or as the result of the presence of such advertisers
on this service.
15. LINKS
This service may provide, or third parties
may provide, links to other World Wide Web sites or resources. Because
Transit Bay Area Classifieds has no control over such sites and resources, you acknowledge
and agree that Transit Bay Area Classifieds is not responsible for the availability of such
external sites or resources, and does not endorse and is not
responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources. You further
acknowledge and agree that Transit Bay Area Classifieds 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 use of or reliance on any such
content, goods or services available on or through any such site or
resource.
16. PROPRIETARY RIGHTS
You acknowledge and agree that this service
and any necessary software used in connection with this service
("Software") contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. You
further acknowledge and agree that content contained in sponsor
advertisements or information presented to you through this service or
advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly
authorized by Transit Bay Area Classifieds or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on this
service or the Software, in whole or in part.
Transit Bay Area Classifieds grants you a personal,
non-transferable and non-exclusive right and license to use the object
code of its Software on a single computer; provided that you do not
(and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use
modified versions of the Software, including (without limitation) for
the purpose of obtaining unauthorized access to this service. You agree
not to access this service by any means other than through the
interface that is provided by Transit Bay Area Classifieds for use in accessing this
service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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YOUR USE OF THIS SERVICE IS AT YOUR SOLE
RISK. THIS SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. Transit Bay Area Classifieds EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
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Transit Bay Area Classifieds MAKES NO WARRANTY THAT (i) THIS SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THIS SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THIS SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SERVICE
WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED.
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ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THIS SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
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NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM Transit Bay Area Classifieds OR THROUGH OR FROM THIS
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
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A SMALL PERCENTAGE OF USERS MAY
EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS
OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THIS SERVICE.
CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC
SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR
EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC
CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THIS SERVICE.
IMMEDIATELY DISCONTINUE USE OF THIS SERVICE AND CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE
USING THIS SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
Transit Bay Area Classifieds SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF Transit Bay Area Classifieds HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THIS SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THIS SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME
OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES
RELATING TO FINANCIAL MATTERS
If you intend to create or join any
service, receive or request any news, messages, alerts or other
information from this service concerning companies, stock quotes,
investments or securities, please read the above Sections 17 and 18
again. They go doubly for you. In addition, for this type of
information particularly, the phrase "Let the investor beware" is apt.
This service is provided for informational purposes only, and no
content included in this service is intended for trading or investing
purposes. Transit Bay Area Classifieds and its licensors shall not be responsible or liable
for the accuracy, usefulness or availability of any information
transmitted or made available via this service, and shall not be
responsible or liable for any trading or investment decisions made
based on such information.
21. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise
expressly provided in this TOS, there shall be no third party
beneficiaries to this Agreement.
22. NOTICE
Transit Bay Area Classifieds may provide you with notices,
including those regarding changes to the TOS, by either email, regular
mail, or postings on this service.
23. TRADEMARK INFORMATION
Trademarks and service marks and other Transit Bay Area Classifieds.com
logos and product and service names are trademarks of Transit Bay Area Classifieds. (the
"Transit Bay Area Classifieds.com Marks"). Without Transit Bay Area Classifieds' prior permission, you agree not to
display or use in any manner, Transit Bay Area Classifieds Marks.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS
OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Transit Bay Area Classifieds respects the intellectual property
of others, and we ask our users to do the same. Transit Bay Area Classifieds may, in
appropriate circumstances and at its discretion, disable and/or
terminate the accounts of users who may be repeat infringers. 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 provide Transit Bay Area Classifieds Copyright Agent the
following information:
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an electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright
or other intellectual property interest;
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a description of the copyrighted work or
other intellectual property that you claim has been infringed;
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a description of where the material that
you claim is infringing is located on the site;
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your address, telephone number, and
email address;
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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;
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a statement by you, made under penalty
of perjury, that the above information in your Notice is accurate
and that you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property owner's
behalf.
Transit Bay Area Classifieds' Agent for Notice of claims of
copyright or other intellectual property infringement can be reached
as follows:
By mail:
Transit Bay Area Classifieds
Copyright Agent
P.O. Box 2196 Fairfield, California 94533
By email:
webmasters@
25. GENERAL INFORMATION
Entire Agreement. The TOS
constitute the entire agreement between you and Transit Bay Area Classifieds and govern your
use of this service, superceding any prior agreements between you and
Transit Bay Area Classifieds. You also may be subject to additional terms and conditions
that may apply when you use or purchase certain other Transit Bay Area Classifieds.com services,
affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS
and the relationship between you and Transit Bay Area Classifieds shall be governed by the
laws of the State of California without regard to its conflict of law
provisions. You and Transit Bay Area Classifieds agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of
Solano, California.
Waiver and Severability of Terms.
The failure of Transit Bay Area Classifieds to exercise or enforce any right or provision of
the TOS shall not constitute a waiver of such right or provision. If
any provision of the TOS 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 TOS remain in full force
and effect.
No Right of Survivorship and
Non-Transferability. You agree that your Transit Bay Area Classifieds.com account is
non-transferable and any rights to your Transit Bay Area Classifieds.com I.D., username,
nickname etc. or contents within
your account terminate upon your death. Upon receipt of a copy of a
death certificate, your account may be terminated and all contents
therein permanently deleted.
Statute of Limitations. 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 this service or the TOS must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
The section titles in the TOS are for
convenience only and have no legal or contractual effect.
26. VIOLATIONS
Please report any violations of the TOS to
our site administrator.