EASTLAKE TIMES TERMS OF USE
Last Updated: May, 20, 2013
1. GENERAL
Eastlake times (“ELT”) provides services through its websites, programs and computer servers, including but not limited to classified advertising. By accessing or using Eastlake Times, you are a “user” and you accept and agree to the terms below (the “Terms of Use” or “TOU”) as a legal contract between you and ELT.
If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of Eastlake Times.
You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on Eastlake Times.
2. MODERATION
ELT has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications (“content”)) posted to, stored on or transmitted via Eastlake Times by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of Eastlake Times) by any user (or any other third party in any manner); and to enforce the TOU, for any reason and in any manner or by any means that ELT, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access).
ELT may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. ELT action or inaction to regulate content or conduct or to enforce against any potential violation of the TOU by any user (or any other third party) does not waive ELT’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation.
You also understand and agree that any action or inaction by ELT or any of its directors, officers, stockholders, employees, consultants, agents or representatives to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither ELT nor any ELT Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOU.
3. CONTENT AND CONDUCT
a. Content
ELT does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.
You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.
Content prohibited from Eastlake Times includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another’s personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via Eastlake Times); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to Eastlake Tiems would violate these TOU or ELT other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on ELT and all such prohibitions are expressly incorporated into these TOU as stated in section 1 above.
You agree to indemnify and hold ELT and ELT Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TOU. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by ELT or ELT Representatives.
b. Conduct
ELT does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.
You are also responsible for your own conduct and activities on, through or related to EastlakeTimes, and, if you create an account on ELT, you are responsible for all conduct or activities on, through or by use of your account.
You agree to indemnify and hold ELT and ELT Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to ELT, and related to or arising out of any conduct or activities on, through or by use of your ELT account, if any. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by ELT ELT Representatives.
4. POSTING AND ACCOUNTS
This section 4 applies to all uses and users of ELT, unless ELT has specifically authorized an exception to a particular term for a particular user in a written agreement. ELT has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.
a. Postings
Eastlake Times Classifieds are intended and designed as a local service. A user may post content only to the single specific geographic area offered on Eastlake Times for which that content is most relevant. The same or substantially similar content (for example, an ad for a particular item or service, a particular offer, a particular message or a particular comment) may not be posted to or communicated via more than one such geographic area. Content that is equally relevant to multiple (i.e., more than one) geographic areas should not be posted on Eastlake Times.
A user may post the same or substantially similar content no more than once every 48 hours.
Where a ELT category provides specific subcategories for posts by particular types of users (e.g., car sales “by-owners” versus “by-dealers,” and real estate for sale “by-owner” versus “by-broker”), a user may post content only in the single user sub-category most accurate for that user. In particular, no user acting as a broker, agent or dealer may post in any “by owner” category.
5. UNAUTHORIZED ACCESS AND ACTIVITIES
This section 5 applies to all uses and users of ELT, unless ELT has specifically authorized an exception to a particular term for a particular user in a written agreement. ELT has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 5.
To maintain the integrity and functionality of ELT for its users, access to ELT and/or activities related to ELT that are harmful to, inconsistent with or disruptive of ELT and/or its users’ beneficial use and enjoyment of ELT are expressly unauthorized and prohibited. For example, without limitation:
The collection of cELT users’ personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.
6. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS
ELT are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
You agree to indemnify and hold ELT harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by ELT or ELT Representatives.
7. FEES
ELT may charge a fee to post content or for other features, products, services or licenses. You are responsible to ELT for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize ELT, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.
Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by ELT or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, ELT reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
You hereby release ELT, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to ELT or content accessed through ELT or any interactions with others arising out of or related to ELT or content accessed through ELT, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “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. PRIVACY
ELT has established a privacy policy covering the collection, use, and disclosure of user information:
