Los Angeles Free Classifieds
Terms of Use
1. Acceptance
Daype, Inc. (referred to as "Daype") provides a collection of online resources, including classified listings, advertising, and links to third party sites ("the Service"), available at www.daype.com (the "Site"), that are subject to the following Terms of Use ("Terms"). By using the Site or the Service in any way, you agree to comply with these Terms.
Should you object to any term or condition of these Terms, any guideline, or any future updates of these Terms or should you become dissatisfied with Daype in any way, your only recourse is to immediately discontinue using the Service. These Terms may be updated by Daype at any time. You understand and agree that you are solely responsible for reviewing these Terms each time you use the Service. Daype will not be liable for any loss or damage arising from or related to your or any other party's non-compliance with these Terms.
Please report any violation of these Terms to abuse_@daype.com
2. Content
You understand that all listings, messages, comments, files, images, photos, video, sounds, or any other material ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person who originated such Content. You understand and agree that unless expressly stated, Daype in no way verifies or endorses any of the information contained in the Service, and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Daype will have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content for violating the Terms or for any other reason.
Under no circumstances will Daype 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 through the Service. You understand and agree that any uploading from or posting of Content to the Site will be at your sole risk and Daype shall not be responsible to you in any way. Daype does not provide any warranty as to your use of any Content that you access through the Service.
3. Conduct
You agree not to post, email, or otherwise make available Content:
I. that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, bigoted, racially offensive, pornographic, obscene, or otherwise objectionable;
II. that advertises any illegal services or the sale of any items prohibited or restricted by applicable law or otherwise not acceptable for advertising on the Site;
III. that is harmful to minors or displays sexually explicit material of any kind;
IV. that impersonates any person or entity, or falsely states or otherwise misrepresents your connection with a person or entity;
V. that includes personal or identifying information about another person without that person's explicit consent.
VI. that is false, deceptive, misleading, deceitful, misinformative;
VII. that infringes upon any third party rights, including patents, trademarks, trade secrets, copyrights, right of publicity, right of privacy or any other proprietary rights;
VIII. that ransmits or posts any unsolicited or unauthorized advertising, spam, junk mail, chain letters, or pyramid schemes;
IX. 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;
Also you agree not to:
I. contact anyone who has asked not to be contacted;
II. "stalk" or otherwise harass anyone;
III. collect personal data about other users for commercial or unlawful purposes;
IV. use any form of automated device or computer program that enables the submission of listings to the Service without each listing being manually entered;
V. post the same item or service in more than one category or city, or in an irrelevant category or city;
VI. attempt to gain unauthorised access to Daype's 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.
You agree to use other users' personal information only for:
I. transaction-related purposes which shall in no case include the sending of Spam messages to users;
II. using services offered through the Site, or
III. other purposes that a user expressly chooses.
4. Privacy Policy and Information Disclosure
The Service is subject to a Privacy Policy that explains to users how their information is collected and used. A copy of the current version of Daype's Privacy Policy can be found at http://www.daype.com/privacy/ Your use of the Site or the Service signifies acknowledgement of and agreement to Daype's Privacy Policy.
By using the Site you acknowledge and agree that Daype 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: (a) comply with a legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to claims that contact information of a third-party has been posted or transmitted without their consent or as a form of harassment; (e) protect the rights, property, or personal safety of Daype, its users or the general public.
5. Notification of Claims of Infringements
If you believe that your work has been copied in a way that infringes copyright, or your intellectual property rights have been otherwise violated, please notify Daype at abuse_@daype.com
or
DAYPE Inc.
16192 Coastal Hwy
Lewes, DE 19958
United States
By doing so please provide us with the following Notice:
I. identify the content on the Site that you claim is infringing your rights, with enough detail so that it can be located;
II. a statement by you that you have good reason that the disputed use is not authorised by the copyright owner, its agent, or the law;
III. a statement by you declaring (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 authorised to act on behalf of that owner;
IV. your address, telephone number, and email address; and
V. your physical or internet/electronic signature.
Daype reserves the right to remove content where it has grounds for suspecting the violation of these Terms or of any party's rights.
6. No Spam Policy
You understand and agree that sending unsolicited email advertisements to Daype email addresses or through Daype computer systems, is expressly prohibited by these Terms. Any unauthorised use of Daype computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
7. Interactions with Organizations or Individuals
Daype shall not be liable for your interactions with any organizations and/or individuals found through the Service. This includes interactions related to payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such interactions. These interactions are solely between you and such organizations and/or individuals. You agree that Daype shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such interactions. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that Daype is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Daype, 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 the 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 and Termination of Service
You acknowledge that Daype may establish limits concerning use of the Service, including among others, 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 Daype has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Daype reserves the right at any time to modify or discontinue the Service (or any part thereof) immediately and without notice, and remove any Content within the Service, for any reason, including, if Daype believes that you have acted inconsistently with these Terms. You agree that Daype shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. Proprietary Rights
Although Daype 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 Daype 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. Daype needs these rights in order to host and display your content.
10. Disclaimer of Warranties
You expressly agree that use of the Site, the Service or the Content is at your sole 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 files, software, services and/or any graphics or other content. The Site, the Service and the Content are provided on an "as is" basis. Daype, its licensors and suppliers expressly disclaim all warranties of any kind, whether express, implied, statutory or otherwise, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Neither Daype, nor its licensors or suppliers make any warranty that the Site, the Service or the Content will meet your requirements, or that the site or the service will be uninterrupted, timely, secure, or error free; nor does Daype, its licensors or suppliers make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy, truthfulness or reliability of any information obtained through the Service, or that defects in the site will be corrected. Daype disclaims any warranties for viruses or other harmful components in connection with the Daype Site or the Service. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
11. Limitations of Liability
In no event shall Daype be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Daype has been advised of the possibility of such damages), resulting from any aspect of your use of the Daype Site or the Service, whether the damages arise from use or misuse of the Daype Site or the Service, from inability to use the Daype Site or the Service, or the interruption, suspension, modification, alteration, or termination of the Daype 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 Daype Site or the Service or any links on the Daype Site, as well as by reason of any information or advice received through or advertised in connection with the Daype Site or the Service or any links on the Daype Site. These limitations shall apply to the fullest extent permitted by law. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
12. Indemnity
You hereby agree, at your expense, to indemnify and hold Daype, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from and against any loss, cost, damages, liability, and/or expense arising out of or relating to (a) third party claims, actions or allegations of infringement based on information, data or content you submitted in connection with the Service, (b) any fraud, manipulation or other breach of these terms by you, or (c) third party claims, actions or allegations brought against daype arising out of your use of the Service or the Site.
13. General Information
These Terms and the other policies posted on the Site constitute the complete and exclusive understanding and agreement between you and Daype and govern your use of the Service superceding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
These Terms and the relationship between you and Daype shall be governed by the laws of the State of Delaware , U.S.A, without regard to its conflict of law provisions. You and Daype agree to submit to the exclusive jurisdiction of state and federal courts in San Francisco, California. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You may not assign or transfer these Terms or any rights hereunder, and any attempt to the contrary is void. These Terms shall inure to the benefit of and be binding upon each party's successors and assigns. Daype shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Daype's reasonable control. 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 Terms must be filed within one year after such claim or cause of action arose or be forever barred.
Please report any violations of the Terms at abuse_@daype.com
Daype's failure to act with respect to a breach by you or others does not waive Daype's right to act with respect to subsequent or similar breaches.
These Terms were last updated on August 8, 2008.
Daype, Inc. (referred to as "Daype") provides a collection of online resources, including classified listings, advertising, and links to third party sites ("the Service"), available at www.daype.com (the "Site"), that are subject to the following Terms of Use ("Terms"). By using the Site or the Service in any way, you agree to comply with these Terms.
Should you object to any term or condition of these Terms, any guideline, or any future updates of these Terms or should you become dissatisfied with Daype in any way, your only recourse is to immediately discontinue using the Service. These Terms may be updated by Daype at any time. You understand and agree that you are solely responsible for reviewing these Terms each time you use the Service. Daype will not be liable for any loss or damage arising from or related to your or any other party's non-compliance with these Terms.
Please report any violation of these Terms to abuse_@daype.com
2. Content
You understand that all listings, messages, comments, files, images, photos, video, sounds, or any other material ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person who originated such Content. You understand and agree that unless expressly stated, Daype in no way verifies or endorses any of the information contained in the Service, and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Daype will have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content for violating the Terms or for any other reason.
Under no circumstances will Daype 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 through the Service. You understand and agree that any uploading from or posting of Content to the Site will be at your sole risk and Daype shall not be responsible to you in any way. Daype does not provide any warranty as to your use of any Content that you access through the Service.
3. Conduct
You agree not to post, email, or otherwise make available Content:
I. that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, bigoted, racially offensive, pornographic, obscene, or otherwise objectionable;
II. that advertises any illegal services or the sale of any items prohibited or restricted by applicable law or otherwise not acceptable for advertising on the Site;
III. that is harmful to minors or displays sexually explicit material of any kind;
IV. that impersonates any person or entity, or falsely states or otherwise misrepresents your connection with a person or entity;
V. that includes personal or identifying information about another person without that person's explicit consent.
VI. that is false, deceptive, misleading, deceitful, misinformative;
VII. that infringes upon any third party rights, including patents, trademarks, trade secrets, copyrights, right of publicity, right of privacy or any other proprietary rights;
VIII. that ransmits or posts any unsolicited or unauthorized advertising, spam, junk mail, chain letters, or pyramid schemes;
IX. 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;
Also you agree not to:
I. contact anyone who has asked not to be contacted;
II. "stalk" or otherwise harass anyone;
III. collect personal data about other users for commercial or unlawful purposes;
IV. use any form of automated device or computer program that enables the submission of listings to the Service without each listing being manually entered;
V. post the same item or service in more than one category or city, or in an irrelevant category or city;
VI. attempt to gain unauthorised access to Daype's 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.
You agree to use other users' personal information only for:
I. transaction-related purposes which shall in no case include the sending of Spam messages to users;
II. using services offered through the Site, or
III. other purposes that a user expressly chooses.
4. Privacy Policy and Information Disclosure
The Service is subject to a Privacy Policy that explains to users how their information is collected and used. A copy of the current version of Daype's Privacy Policy can be found at http://www.daype.com/privacy/ Your use of the Site or the Service signifies acknowledgement of and agreement to Daype's Privacy Policy.
By using the Site you acknowledge and agree that Daype 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: (a) comply with a legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to claims that contact information of a third-party has been posted or transmitted without their consent or as a form of harassment; (e) protect the rights, property, or personal safety of Daype, its users or the general public.
5. Notification of Claims of Infringements
If you believe that your work has been copied in a way that infringes copyright, or your intellectual property rights have been otherwise violated, please notify Daype at abuse_@daype.com
or
DAYPE Inc.
16192 Coastal Hwy
Lewes, DE 19958
United States
By doing so please provide us with the following Notice:
I. identify the content on the Site that you claim is infringing your rights, with enough detail so that it can be located;
II. a statement by you that you have good reason that the disputed use is not authorised by the copyright owner, its agent, or the law;
III. a statement by you declaring (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 authorised to act on behalf of that owner;
IV. your address, telephone number, and email address; and
V. your physical or internet/electronic signature.
Daype reserves the right to remove content where it has grounds for suspecting the violation of these Terms or of any party's rights.
6. No Spam Policy
You understand and agree that sending unsolicited email advertisements to Daype email addresses or through Daype computer systems, is expressly prohibited by these Terms. Any unauthorised use of Daype computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
7. Interactions with Organizations or Individuals
Daype shall not be liable for your interactions with any organizations and/or individuals found through the Service. This includes interactions related to payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such interactions. These interactions are solely between you and such organizations and/or individuals. You agree that Daype shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such interactions. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that Daype is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Daype, 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 the 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 and Termination of Service
You acknowledge that Daype may establish limits concerning use of the Service, including among others, 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 Daype has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Daype reserves the right at any time to modify or discontinue the Service (or any part thereof) immediately and without notice, and remove any Content within the Service, for any reason, including, if Daype believes that you have acted inconsistently with these Terms. You agree that Daype shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. Proprietary Rights
Although Daype 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 Daype 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. Daype needs these rights in order to host and display your content.
10. Disclaimer of Warranties
You expressly agree that use of the Site, the Service or the Content is at your sole 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 files, software, services and/or any graphics or other content. The Site, the Service and the Content are provided on an "as is" basis. Daype, its licensors and suppliers expressly disclaim all warranties of any kind, whether express, implied, statutory or otherwise, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Neither Daype, nor its licensors or suppliers make any warranty that the Site, the Service or the Content will meet your requirements, or that the site or the service will be uninterrupted, timely, secure, or error free; nor does Daype, its licensors or suppliers make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy, truthfulness or reliability of any information obtained through the Service, or that defects in the site will be corrected. Daype disclaims any warranties for viruses or other harmful components in connection with the Daype Site or the Service. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
11. Limitations of Liability
In no event shall Daype be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Daype has been advised of the possibility of such damages), resulting from any aspect of your use of the Daype Site or the Service, whether the damages arise from use or misuse of the Daype Site or the Service, from inability to use the Daype Site or the Service, or the interruption, suspension, modification, alteration, or termination of the Daype 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 Daype Site or the Service or any links on the Daype Site, as well as by reason of any information or advice received through or advertised in connection with the Daype Site or the Service or any links on the Daype Site. These limitations shall apply to the fullest extent permitted by law. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
12. Indemnity
You hereby agree, at your expense, to indemnify and hold Daype, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from and against any loss, cost, damages, liability, and/or expense arising out of or relating to (a) third party claims, actions or allegations of infringement based on information, data or content you submitted in connection with the Service, (b) any fraud, manipulation or other breach of these terms by you, or (c) third party claims, actions or allegations brought against daype arising out of your use of the Service or the Site.
13. General Information
These Terms and the other policies posted on the Site constitute the complete and exclusive understanding and agreement between you and Daype and govern your use of the Service superceding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
These Terms and the relationship between you and Daype shall be governed by the laws of the State of Delaware , U.S.A, without regard to its conflict of law provisions. You and Daype agree to submit to the exclusive jurisdiction of state and federal courts in San Francisco, California. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You may not assign or transfer these Terms or any rights hereunder, and any attempt to the contrary is void. These Terms shall inure to the benefit of and be binding upon each party's successors and assigns. Daype shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Daype's reasonable control. 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 Terms must be filed within one year after such claim or cause of action arose or be forever barred.
Please report any violations of the Terms at abuse_@daype.com
Daype's failure to act with respect to a breach by you or others does not waive Daype's right to act with respect to subsequent or similar breaches.
These Terms were last updated on August 8, 2008.
