1. Description of Service
This is Union County, LLC is providing Member with classified advertisements. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by This is Union County, LLC on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, This is Union County, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. This is Union County, LLC shall have no liability for any interruptions in the use of this Website. This is Union County, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
This is Union County, LLC SHALL NOT be liable for any damages whatsoever, and in particular This is Union County, LLC shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if This is Union County, LLChas been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold This is Union County, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
5. Members Account and Conduct / Service Termination
i. Member Account
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify This is Union County, LLC of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of This is Union County, LLC.
ii. Member Conduct
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
f) 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, or federal, state, or local government contract.
g) that impersonates any person or entity, including, but not limited to, a This is Union County, LLC employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another person without that person's explicit consent;
i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; j) 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;
k) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if posted in areas of the This is Union County, LLC sites which are not designated for such purposes; or emailed to This is Union County, LLC users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
m) that includes links to commercial services or web sites, except as allowed in "services";
n) 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 North Carolina law.
o) 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;
p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by This is Union County, LLC;
v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
w) post the same item or service in more than one classified category
x) attempt to gain unauthorized access to This is Union County, LLC'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 or the This is Union County, LLC website; or
y) use any form of automated device or computer program that enables the submission of postings on This is Union County, LLC without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
z) use any form of automated device or computer program ("flagging tool") that enables the use of This is Union County, LLC's "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU;
iii. Service Termination
6. Modifications and Interruption to Service
This is Union County, LLC reserves the right to modify or discontinue the Service with or without notice to the Member. This is Union County, LLC shall not be liable to Member or any third party should This is Union County, LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that This is Union County, LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. Third-Party Sites
8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While This is Union County, LLC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
This is Union County, LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
9. Governing Jurisdiction of the Courts North Carolina
10. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
11. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2005 This is Union County, LLC.com, will all rights reserved, or is the property of This is Union County, LLC and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of This is Union County, LLC is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of This is Union County, LLC.
This is Union County, LLCTM and This is Union County, LLC.comTM are proprietary marks of This is Union County, LLC.com. This is Union County, LLC's trademarks may not be used in connection with any product or service that is not provided by This is Union County, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits This is Union County, LLC.
All other trademarks displayed on This is Union County, LLC's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with This is Union County, LLC.
12. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, This is Union County, LLC.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
1736 Dickerson Blvd Monroe, NC 28110
13. Botnets [Optional Clause]
This is Union County, LLC retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, This is Union County, LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
14. Other Terms
15. Children's Privacy
This is Union County/www.thisisunioncounty.com is intended for adults and we will not knowingly collect personal information from children under 13 years old. If you are a parent or legal guardian of a child under age 13 who has become a member of a site hosted by http://www.thisisunioncounty.com, please contact our administrator at [email protected] to notify us of a suspected violation.
Addendum for This is Union County Blog / Twitter Services
This is Union County, LLC/ www.thisisunioncounty.com offer these blogging services (the "Services") to you subject to the terms and conditions of use ("Terms") contained above and herein. By accessing, creating or contributing to any blogs hosted at http://www.thisisunioncounty.com, and in consideration for the Services we provide to you, you agree to abide by these Terms. Please read them carefully before posting to or creating any blog.
1. Rights in the Content You Submit
Default Creative Commons Public License
Unless you specify otherwise, any and all works of authorship copyrightable by you and posted by you to any blog ("Content") are submitted under the terms of an Attribution-ShareAlike Creative Commons Public License. Under this license, you permit anyone to copy, distribute, display and perform your Content, royalty-free, on the condition that they credit your authorship each time they do so. You also permit others to distribute derivative works of your Content, but only if they do so under the same Attribution-ShareAlike license that governs your original Content.
Please read the full text of the Attribution-ShareAlike Creative Commons Public License.
Amongst other things, this license permits RSS aggregators to copy, distribute, display and perform any Content on your blog that you syndicate using RSS. All Content on your blog is syndicated for RSS aggregation unless you change your settings to indicate otherwise.
Option for More Restrictive License Terms
If you prefer to offer your Content on more restrictive terms, you may do so as follows:
For Content you submit to your own blog, remove the Creative Commons logo from your blog template (contact us if you require instructions).
For Content you submit to a blog other than your own, label your submission with a full copyright notice, i.e., your name, the word "copyright" or symbol "©" and the year of first publication.
By posting your Content using the Services, you are granting This is Union County, LLC a non-exclusive, royalty-free, perpetual, and worldwide license to use your Content in connection with the operation of the Services, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content, and/or to incorporate it into a collective work.
When publicly displaying, publicly performing, reproducing or distributing copies of your Content, or Content as incorporated into a collective work, This is Union County, LLC will make best efforts to credit your authorship. You grant This is Union County, LLC permission to use your name for such attribution purposes. You, likewise, agree to represent yourself accurately. You acknowledge that misrepresentation may lead us, in our sole discretion, to cancel your use of the Services and delete any of your Content.
Those of us who are coordinating this research project believe deeply in free speech. Given our role in offering this service and our presence together as part of the extended university community, however, we must reserve the right to remove certain content that you may post. As a general matter, you may post content freely to your blog and to those of others, so long as the content is not illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.
You may not use the This is Union County, LLC name to endorse or promote any product, opinion, cause or political candidate. Representation of your personal opinions as institutionally endorsed by This is Union County, LLC University or any of its Schools or organizations is strictly prohibited.
By posting content to any blog, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly and with intent to defraud provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms, and that you will indemnify and hold This is Union County, LLC harmless for any and all claims resulting from content you supply.
You acknowledge that This is Union County, LLC does not pre-screen or regularly review posted content, but that it shall have the right to remove in its sole discretion any content that it considers to violate these Terms or the terms of any other campus user agreements that may govern your use of the campus networks.
You understand that all content posted to http://www.thisisunioncounty.com is the sole responsibility of the individual who originally posted the content. You understand, also, that all opinions expressed by users of this site are expressed strictly in their individual capacities, and not as representatives of any This is Union County, LLC institution.
You agree that This is Union County, LLC will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on this site. 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.
3. Disclaimer of Warranties and Limitation of Liability
This site is provided on an "as is" and "as available" basis. This is Union County, LLC makes no representations or warranties of any kind, express or implied, as to the site's operation or the information, content or materials included on this site. To the full extent permissible by applicable law, This is Union County, LLC hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose. This is Union County, LLC will not be liable for any damages of any kind arising from the use of or inability to use this site. You expressly agree that you use this site solely at your own risk.
This is Union County, LLC reserves the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes your agreement to all such Terms.
6. Copyright Complaints
This is Union County, LLC respects the intellectual property of others, and requires that our users do the same. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please follow our instructions for reporting copyright infringements.
By clicking on the link below, you acknowledge that you have read and are bound by this agreement, as well as any other This is Union County, LLC network usage agreements that may govern your conduct. Thank you for participating in the Weblogs At This is Union County, LLC.. Please do not hesitate to contact us if you have questions.
7. Terms License