| AtFirstPic Terms of Use Agreement |
AtFirstPic Terms of Use Agreement
First and most important —- this site, AtFirstPic.com, will ban your IP, MAC address, etc. from this site if you are using the site out side the Terms of Use Agreement (“TOUA”) as required by law.
Please read the details of the TOUA.
A: ACCEPTANCE OF TERMS
AtFirstPic provides a collection of online classified ads and other electronic services (e.g. email services) that will be referred to hereafter as "Services" that are subjected to the following Terms of Use Agreement ("TOUA"). By using Services in any way, you are agreeing to comply with the TOUA.
In addition, when using particular AtFirstPic service(s), you agree to abide by any and all applicable posted guidelines for all AtFirstPic service(s), which may change without notice, time to time. Should you object to any terms or conditions of the TOUA, any guidelines or any subsequent modifications thereto or become dissatisfied with AtFirstPic in any way, your only recourse is to immediately discontinue use of AtFirstPic.com and its affiliated sites (i.e. www.AtFirstPic.biz, etc.)
B: AGREEMENT MODIFICATIONS
AtFirstPic.com reserve’s all rights, any rights and the right, with respects to AtFirstPic’s sole discretion, to change and/or modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself knowledgeable and aware of any changes. You can find the most recent version of the TOUA at:
http://www.atfirstpic.com/siteterms.php
C: CONTENT
You understand that all postings, that includes, but not limited to messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from Services, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content ("Item") that you post, email or otherwise make available on AtFirstPic.
You understand that AtFirstPic does not control and is not responsible for Content made available through Services and that by using Services you may be exposed to Content that is offensive, indecent, inaccurate, misleading or otherwise objectionable.
Furthermore, the AtFirstPic site and Content available through Services may contain links to other websites, which are completely independent of AtFirstPic. AtFirstPic makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site(s). Your linking to any other webpage is at your own risk. You agree that you must bear all risks associated with, the use of any Content, that you may not rely on the said Content, and that under no circumstances will AtFirstPic 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 or otherwise made available via Services. You acknowledge that AtFirstPic does not pre-screen or approve Content, but that AtFirstPic shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via Services, for violating the letter or spirit of the TOUA or for any other reason.
D: THIRD PARTY CONTENT, SITES, AND SERVICES
The AtFirstPic site and Content available through Services may contain
features and functionalities that may link you or provide you with access to third party content which is completely independent of AtFirstPic, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products and/or services, including, but not limited to, the Internet as a whole.
Your interactions with organizations and/or individuals found on and/or through Services, including payment and delivery of goods or services, and/or any other terms, conditions, warranties and/or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary and/or appropriate before proceeding with any online and/or offline transaction with any of these third parties.
You agree that AtFirstPic shall not be responsible and/or liable for any loss and/or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, and/or between users and any third party, you understand and agree that AtFirstPic is under no obligation to become involved, and will not mediate, pay for mediating and/or mediation, consider mediation, and/or offer any mediation. In the event that you have a dispute with one and/or more other users, you hereby release AtFirstPic, its officers, employees, agents and successors in rights, from claims, demands and damages (actual and consequential) of every kind and/or nature, known and/or unknown, suspected and unsuspected, disclosed and/or undisclosed, arising out of and/or in any way related to such disputes and/or our service(s).
E: NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, and/or your intellectual property rights have been otherwise violated, please notify AtFirstPic for notice of claims of copyright and/or other intellectual property infringement--
abuse@AtFirstPic.com
and/or at:
AtFirstPic.com
1803 Loren Ave A
Yakima, WA
98902
Please provide the following--
Please identify any and all of the material(s) on AtFirstPic.com that you claim is infringing / statement by you that you have a good faith and believe that the disputed use is not authorized by the copyright owner, its agent or the law / a statement by you declaring under penalty of perjury that the above information in your notice is accurate, and that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner / please include all information so that we may locate you and include your address, telephone number and email address / your physical or electronic signature.
AtFirstPic will remove the infringing posting(s) subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
F: PRIVACY AND INFORMATION DISCLOSURE
AtFirstPic has established a Privacy Policy to explain to users how their
information is collected and used which is located at the following web
address--http://www.AtFirstPic.org/about/privacy.policy.html
Your use of the AtFirstPic website / Services signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that AtFirstPic 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 any legal process to enforce the TOUA--respond to claims that any Content violates the rights of third-parties--respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent--as a form of harassment to protect the rights, property or personal safety of AtFirstPic, its users and/or the general public.
G: CONDUCT
You agree NOT to post, email and/or otherwise make available Content--that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, and invasive of another's privacy or is harmful to minors or anyone in an inhuman, abusive, and/or illegal way / that is pornographic and/or depicts a human being engaged in actual sexual conduct
including but not limited to--sexual intercourse, including genital-genital,
oral-genital, anal-genital or oral-anal, whether between persons of the same or
opposite sex and/or bestiality and/or masturbation and/or sadistic and/or masochistic abuse and/or lascivious exhibition of the genitals and/or pubic area of any person / that harasses, degrades, intimidates and/or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability / that violates the Fair Housing Act by stating, in any notice and/or ad for the sale and/or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status and/or handicap / violates any state or local law prohibiting discrimination on the basis of these and the likes / that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference and/or requirement based on race, color, religion, sex, national origin, age, and/or disability / with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment,unless otherwise required in order to comply with law, regulation, executive order, and/or federal, state, and/or local government contract / that impersonates any person or entity, including, but not limited to, a AtFirstPic employee and/or falsely states and/or otherwise misrepresents your affiliation with a person and/or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.) / that includes personal and/or identifying information about another person without that person's explicit consent that is false, deceptive, misleading, deceitful, false-informative, and/or constitutes "bait and switch" / that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships / that constitutes or contains "affiliate marketing", "link referral code", "junk mail", "spam", "chain letters", "pyramid schemes," or unsolicited commercial advertisement / that constitutes or contains any form of advertising or solicitation if posted in areas of the AtFirstPic sites which are not designated for such purposes or emailed to AtFirstPic users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests / that includes links to commercial services or web sites, except as allowed in services / that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Washington state law. A small list of prohibited items to be posted, posted as an offer for sale and/or offered as a service is provided below:
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Illegal / Restricted / Prohibited Items:
Research all laws that might apply to your transaction:
This list is just a sample of items the sale of which is not permitted on AtFirstPic: This list should not be construed as a complete list:
Obscene / crude / illegal material or child pornography--weapons, including firearms, disguised weapons, undetectable weapons or switchblade knives, martial arts weapons, silencers, ammunition, pellet or BB guns, tear gas and/or stun grenades and/or electrifying weapons, and electrifying self-defense weapons --fireworks, including "safe and sane" fireworks or any destructive or explosive devices--controlled substances or illegal drugs / substances and items used to manufacture controlled substances and/or drug paraphernalia--alcohol and/or tobacco products--prescription drugs and medical devices, such as prescription or contact lenses, defibrillators, hypodermic needles or hearing aids--nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval--blood, bodily fluids or body parts--animals and animal parts, including the retail sales of cats and dogs-restricted or regulated plants and insects, such as noxious weeds, endangered plant species, or live insects or pests-pesticides or hazardous substances--illegal telecommunications equipment, such as access cards, access card programmers and/or cable descramblers--stolen property or personal property with the serial number removed or altered-burglary tools, such as lock-picks or motor vehicle master keys-false identification cards, items with police insignia, citizenship documents, or birth certificates--counterfeit currency, coins and stamps, as well as equipment designed to make them--counterfeit or knock-off brand name goods--material that infringes copyright, such as bootlegs (without consent of the band), etc.--airline tickets that restrict transfer--gambling items, such as lottery tickets, sports trading card 'grab bags,' raffle tickets, sweepstakes entries or slot machines--used or rebuilt batteries and/or batteries containing mercury and/or other chemicals--used bedding and clothing, unless sanitized in accordance with law--non-packaged food items, etc.--bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information.
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G: CONT…that contains software viruses or any other computer code, files programs designed to interrupt, kill, disable, destroy and/or limit the functionality of any computer software and/or hardware or telecommunications equipment / that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to Services and/or that otherwise negatively affects other users' ability to use Services and/or that employs misleading email addresses, and/or forged headers and/or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through Services / contact anyone who has asked not to be contacted / "stalk" or otherwise harass anyone / collect personal data about other users for commercial or unlawful purposes / use automated means, including spiders, robots, crawlers, data miner tools and/or the like to download data from Services - unless expressly permitted by AtFirstPic / post non-local and/or otherwise irrelevant Content, repeatedly post the same and/or similar Content and/or otherwise impose a disproportionately large load on our infrastructure / post the same item or service in more than one classified category and/or forum, or in more than one metropolitan area / attempt to gain unauthorized access to AtFirstPic's computer systems and/or engage in any activity that disrupts, diminishes the quality of, interfere with the performance of and/or impairs the functionality of Services or AtFirstPic website / use any form of automated device or computer program that enables the multiple submission(s) of postings on AtFirstPic without each posting being manually entered by the author thereof including without limitation, the use of any such automated posting device to submit postings in bulk and/or for auto-submission of posting(s).
H: POSTING ENTITY
A "Posting Entity" is a third-party agent, service and/or intermediary
that offers to post Content to Services on behalf of others. To moderate demands on AtFirstPic's resources, you may not use a Posting Entity to post Content to Services without express permission from AtFirstPic. Posting Entities are not permitted to post Content on behalf of others, to cause Content to be posted, and/or otherwise access Services to facilitate posting Content on behalf of others, except with express permission from AtFirstPic.
I: SPAM POLICY
Sending unsolicited email advertisements to AtFirstPic email addresses or through AtFirstPic computer systems, which is expressly prohibited by these TOUA. Any unauthorized use of AtFirstPic computer systems is a violation of the TOUA and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act, Washington state laws protecting from such acts--such violations may be subjected to the sender and his and/or her agents to civil and criminal penalties.
L: SERVICE LIMITATIONS
You acknowledge that AtFirstPic may establish limits concerning use of the
Service, including the maximum number of days that Content will be retained
by Services, the maximum number and size of postings, email messages, or
other Content that may be transmitted or stored by Services, and/or the
frequency with which you may access Services. You agree that AtFirstPic
has no responsibility or liability for the deletion or failure to store any
Content maintained or transmitted by Services. You acknowledge that
AtFirstPic reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that AtFirstPic
shall not be liable to you or to any third party for any modification,
suspension and/or discontinuance of Services.
M: ACCESS SERVICES
Using the Services beyond the scope of authorized access granted to you by
AtFirstPic immediately terminates said permission and/or license. In order to
collect, aggregate, copy, duplicate, display or make derivative use of the
Services or any Content made available via Services for other purposes (including commercial purposes or other purposes not mentioned herein) not stated herein, you must first
obtain a license from AtFirstPic.
N: TERMINATION OF SERVICE
You agree that AtFirstPic, in its sole discretion, has the right, but not obligated to, to delete or deactivate your account, block your email, IP address, MAC address, etc. or otherwise terminate your access to or use of Services, and/or any part thereof, immediately and without notice, and/or remove and discard any and/or all Content within Services, for any reason, including, without limitation, if AtFirstPic believes that you have acted inconsistently with the letter or
spirit of the TOUA.
You agree that AtFirstPic shall not be liable to you or any third-party for any termination of your access to Services.
You agree not to attempt to use Services after said termination.
O: PROPRIETARY RIGHTS
AtFirstPic does not claim ownership of content that its users post, and by posting Content to any public area of Services, you automatically grant and you represent and warrant that you have the right to grant to AtFirstPic.com 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. Furthermore, by posting Content to any public area of Services,
you automatically grant AtFirstPic all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on Services by any party for any purpose.
P: === DISCLAIMER OF WARRANTIES AND LIABILITY OF LIMITATIONS ===
YOU AGREE THAT USE OF THE ATFIRSTPIC SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK.
THE ATFIRSTPIC SITE AND SERVICES ARE PROVIDED ON AN "AS
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
UNDER NO CIRCUMSTANCES SHALL ATFIRSTPIC BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ATFIRSTPIC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE ATFIRSTPIC SITE OR SERVICES, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE ATFIRSTPIC SITE OR SERVICES, FROM
INABILITY TO USE THE ATFIRSTPIC SITE OR SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, AND/OR TERMINATION OF THE ATFIRSTPIC SITE OR SERVICES.
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 ATFIRSTPIC SITE OR SERVICES OR ANY
LINKS ON THE ATFIRSTPIC SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ATFIRSTPIC SITE OR SERVICES OR ANY LINKS ON THE ATFIRSTPIC SITE.
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, ATFIRSTPIC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ATFIRSTPIC SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, ATFIRSTPIC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ATFIRSTPIC SITE OR THE SITES OR SERVICE, AND/OR ACCESSED THROUGH ANY LINKS ON THE ATFIRSTPIC SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ATFIRSTPIC DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE ATFIRSTPIC SITE AND/OR SERVICES.
Q: INDEMNITY
You agree to secure against future loss, damage, or liability and hold AtFirstPic, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through Services, your use of Services, your violation of the TOUA, your breach of any of the representations and warranties herein, or your violation of any rights of another.
R: GENERAL INFORMATION
The TOUA constitute the entire agreement between you and AtFirstPic and
govern your use of Services, superseding any prior agreements between you
and AtFirstPic. The TOUA and the relationship between you and AtFirstPic
shall be governed by the laws of the State of Washington without regard to
its conflict of law provisions. You and AtFirstPic agree to submit to the
personal and exclusive jurisdiction of the courts located within the county
of Yakima, California. The failure of AtFirstPic to exercise or
enforce any right or provision of the TOUA shall not constitute a waiver of
such right and/or provision. If any provision of the TOUA 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 TOUA remain in
full-force and effect. 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 Services or the TOUA must be filed within one year after such
claim or cause of action arose or be forever barred.
S: VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOUA, by flagging the posting(s) for
review, and/or by emailing to--
abuse@AtFirstPic.com
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that because damages are often difficult to quantify,
if it becomes necessary for AtFirstPic to pursue legal action to enforce the
TOUA you will be liable to pay AtFirstPic the following amount:
For any and/or each violation == $1,000.00.
Otherwise, you agree to pay AtFirstPic's actual damages, to the extent such
actual damages can be reasonably calculated. Notwithstanding any other
provision of the TOUA--AtFirstPic retains the right to seek the remedy
of specific performance of any term contained in the TOUA, and/or a preliminary
and/or permanent injunction against the breach of any such term and/or in aid of the
exercise of any power granted in the TOUA or any combination thereof.
T: FEEDBACK / CONTACT US
Please contact us at http://www.atfirstpic.com/contact.php |
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