2. Registration
Although registration is not required to use the Service or access to the Site, if you decide to register, you must complete the westernads registration process. If you choose to register, you must submit a valid e-mail address and select a username and password during the registration process and be at least 18 years of age. You are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use. You agree to notify westernads immediately of any unauthorized use of your account.westernads reserves the right to refuse the Service or access to the Site to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.
3. Content
You understand that all listings, messages, text, files, images, photos, video, audio or other materials ("Content") posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organization from whom such Content originated. You also understand that westernads does not control and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable.Furthermore, the Site and Content made available through the Site may contain links to other web sites that are completely independent of westernads. westernads makes no representation or warranty as the accuracy, completeness or authenticity of the information contained on such web site. Under no circumstances will westernads 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, emailed, linked or otherwise made available via the Site.
You understand and agree that any uploading or posting will be at your sole risk and westernads shall not be responsible to you in any way. Further, westernads does not provide any warranty as to your use of third-party content or software that you obtain from the Site.
You are also fully responsible for any Content you post on the Site and to the consequences of any such Content. Although westernads does not claim ownership of Content that its users post, by posting Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to westernads 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. You also understand and agree that westernads, in its sole discretion, may delete any Content for any reason.
4. User Conduct
You agree to act responsibly and to treat other users with respect. Users also must not use the Site or the Service to harass or abuse other users. Individuals who have demonstrably harassed other individuals may be removed from the Service or blocked from the Site.You agree not to post, email, otherwise make available Content that:
- Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable
- Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
- Is harmful to minors or displays sexually explicit material of any kind
- Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation
- Transmits or posts any unsolicited or unauthorized advertising, "spam," junk mail, "chain letters," "pyramid schemes," etc.
- Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
- Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the westernads service
- Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without westernads's prior consent
- Contains personally identifiable information about another member that is published without their express consent
- Contains material originally posted by another member that is reposted without permission or attribution
- Has misleading email addresses or other manipulated identifiers to disguise its origin
- Is purposefully posted in an irrelevant category or city, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on westernads's infrastructure
Additionally, you agree not to:
- Contact anyone who has asked not to be contacted
- "Stalk" or otherwise harass anyone
- Delete or revise any material posted by any other user
- Impersonate any person or entity or falsely state or misrepresent your affiliation with another person or entity
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site
- Attempt to gain unauthorized access westernads computer systems or networks to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site
5. No Spam Policy, Fraud and related activity in connection with computers
You understand and agree that sending unsolicited email advertisements to westernads email addresses or through westernads computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of westernads 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.)(as amended.). Such violations may subject the sender and his or her agents to civil and criminal penalties.6. Ownership
All right, title and interest in and to the Site and the Service are and will remain the exclusive property of westernads and its licensors. "westernads, Inc." and westernads logos, icons and other marks identifying westernads services or products are trademarks of westernads and may not be used without prior written permission. Except as otherwise expressly set forth in these Terms, you may not copy reproduce, distribute, or create derivative works of the Service or the Site without westernads's express written authorization. All rights not expressly granted in these Terms are reserved to westernads.westernads respects the intellectual property rights of others and expects users of the Site to do the same. You may not post, distributed, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use. If you believe that through the Service your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please immediately notify us at abuse@westernads.com. Filing a notice of infringement with westernads requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site.
7. Dealings with organizations or individuals
westernads shall not be liable for your interactions with any organizations and/or individuals found on the Site or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that westernads is not responsible for any damage or loss incurred as a result of any such dealings. westernads is under no obligation to become involved in disputes between participants on the Site, or between participants on the Site and any third party. In the event of a dispute, you release westernads, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.If you are a California resident, you waive California Civil Code Section 1542, which states: "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."
8. Limitation & Termination of Service
You acknowledge that westernads may establish limits concerning use of the Service. You agree that westernads has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that westernads reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that westernads shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.You agree that westernads 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 Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if westernads believes that you have acted inconsistently with these Terms. Further, you agree that westernads shall not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Site or the Service after said termination.
9. Privacy & Information Disclosure
westernads has a Privacy Policy that explains to users how their information is collected and used. A copy of the current version of our Privacy Policy can be found at http://www.westernads.com/privacy.htm. Your use of the Site or the Service signifies acknowledgement of and agreement to our Privacy Policy.You further acknowledge that westernads 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 the legal process, enforce these Terms, respond to claims that any Content violates the right of third-parties; or to protect the rights, property, or personal safety of westernads, its users or the general public.