Casino Classifieds Access
Agreement
Please read this Agreement
carefully before accessing the Casino
Classifieds. As a condition to and in
consideration of receiving and accessing the
Casino Classifieds, the User agrees to be bound
by the terms of this Agreement. Use of or access
to the Casino Classifieds shall constitute
acceptance of and agreement to be bound by this
Agreement. IF YOU DO NOT WISH TO BE BOUND BY
THIS AGREEMENT, DO NOT ACCESS THE Casino
Classifieds. If you have any questions about
this Agreement, please contact us via e-mail at
glenn@casinoclassifieds.com.
Casino Classifieds Access Agreement
THIS AGREEMENT "Agreement" is entered
into by and between Casino Classifieds and any
individual, corporation, association, agency,
company, or other entity who accesses or uses
the Casino Classifieds (the "User" or "you").
The Casino Classifieds, which is provided
without charge to you, is a World Wide Web site
on the Internet that is designed to allow users
to post ads and/or to view ads posted by other
users or interact with those users. The Casino
Classifieds is owned and operated by Casino
Classifieds. The Casino Classifieds contains or
may contain information, communications,
opinions, text, graphics, links, electronic art,
animations, audio, video, software, photos,
music, sounds and other material and data
(collectively, "Content") formatted, organized
and collected in a variety of forms that are
generally accessible to Users, including
directories and databases, and areas of the
Casino Classifieds that can be modified by
Users, such as posting ads, uploading multimedia
files, registering user profiles, and creating
Auto-Notify profiles ("Interactive Areas").
1. User Rights and Responsibilities
1.1 Access to the Casino Classifieds.
You are responsible for providing all hardware,
software, telephone or other communications
equipment and/or service to connect to the
Internet and access the Casino Classifieds and
are responsible for all Internet access charges,
telephone charges or other fees or charges
incurred in connecting to the Internet and
accessing the Casino Classifieds.
1.2 User Conduct.
You agree to access and use the Casino
Classifieds only for lawful purposes. You are
solely responsible for the knowledge of and
adherence to any and all laws, statutes, rules
and regulations, pertaining to (i) your use of
the Casino Classifieds, including any
Interactive Area, (ii) the use of any networks
or other services connected to the Casino
Classifieds, and (iii) the communications means
by which you connect your modem, computer, or
other equipment to the Casino Classifieds. By
accessing the Casino Classifieds, you agree that
you will not:
(1) restrict or inhibit any other user from
using and enjoying the Interactive Features;
(2) post or transmit any unlawful,
threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane, or
indecent information of any kind, including
without limitation any transmissions
constituting or encouraging conduct that
would constitute a criminal offense, give
rise to civil liability or otherwise violate
any local, state, national, or international
law;
(3) post or transmit any information,
software, or other material which violates
or infringes in the rights of others,
including material which is an invasion of
privacy or publicity rights or which is
protected by copyright, trademark or other
proprietary right, or derivative works with
respect thereto, without first obtaining
permission from the owner or right holder.
(4) post or transmit any information,
software or other material which contains a
virus or other harmful component;
(5) alter, damage or delete any Content
or other communications that are not your
own Content or to otherwise interfere with
the ability of others to access the Casino
Classifieds;
(6) disrupt the normal flow of
communication in an Interactive Area;
(7) claim a relationship with or to speak
for any business, association, institution
or other organization for which you are not
authorized to claim such a relationship;
(8) violate any operating rule, policy or
guideline of your Internet access provider
or online service.
2. Intellectual Property Rights
2.1 Casino Classifieds content.
(a) You acknowledge that Content on the Casino
Classifieds is generally provided by the Casino
Classifieds, individual contributors of Content
("Contributors"), third party licensees, and/or
other Users. You acknowledge that the Casino
Classifieds permits access to Content that is
protected by copyrights, trademarks, and other
proprietary (including intellectual property)
rights ("Intellectual Property Rights"), and
that these Intellectual Property Rights are
valid and protected in all media existing now or
later developed and except as is explicitly
provided below, your use of Content shall be
governed by applicable copyright and other
intellectual property laws. You acknowledge that
the Casino Classifieds owns a copyright in the
"look and feel," i.e., the selection,
coordination, arrangement and presentation of
such Content.
(b) You may not modify, copy, reproduce,
transmit, distribute, publish, create derivative
works from, display or otherwise transfer or
commercially exploit any of the Content, in
whole or in part, provided, however, that you
may (i) make a reasonable number of digital or
other form of copies to permit your computer
hardware and software to access and view the
Content, (ii) print one copy of each piece of
Content, (iii) make and distribute a reasonable
number of copies of Content, in whole or in
part, in hard copy or electronic form for
internal use only. Any permitted copies of
Content must reproduce in an unmodified form any
notices contained in the Content, such as all
Intellectual Property Right notices, and an
original source attribution to "The Casino
Classifieds" and its URL address. You
acknowledge that the Casino Classifieds, its
Contributors, and/or Users remain the owners of
the Content and that you do not acquire any
Intellectual Property Rights by downloading or
printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or
otherwise transmit, post, publish, reproduce or
distribute, on or through the Casino Classifieds
only Content that is not subject to any
Intellectual Property Rights, or Content in
which any holder of Intellectual Property Rights
has given express authorization for distribution
over the Internet and on the Casino Classifieds,
without restriction whatsoever. Any Content
submitted with the consent of a copyright owner
other than you should contain a phrase such as
"Copyright owned by [name of owner]; Used by
Permission." By submitting Content to any
Interactive Area, you automatically grant and/or
warrant that the owner of such Content, whether
it be You or a third party, has expressly
granted to the Casino Classifieds the
royalty-free, perpetual, irrevocable,
non-exclusive, unrestricted, worldwide right and
license to use, reproduce, modify, adapt,
publish, translate, create derivative works
from, sublicense, distribute, perform, and
display such Content, in whole or in part,
worldwide and/or to incorporate it in other
works in any form, media, or technology now
known or later developed for the full term of
any Intellectual Property Rights that may exist
in such Content. You also permit the Casino
Classifieds to sublicense to third parties the
unrestricted right to exercise any of the
foregoing rights granted with respect to such
Content. You also permit any User to access,
view, store and reproduce the Content for
personal use.
3. Interactive Areas
You acknowledge that the Casino Classifieds may
include various interactive areas ("Interactive
Areas"), including but not limited to ads. These
Interactive Areas allow feedback to the Casino
Classifieds and real-time interaction between
users. You further understand that the Casino
Classifieds does not control the messages,
information, or files delivered to such
Interactive Areas and that the Casino
Classifieds may offer you and other Users the
capability of creating and managing an
Interactive Area. However, neither the Casino
Classifieds, its subsidiary and parent
companies, or affiliates, nor their respective
directors, officers, employees and agents are
responsible for Content within any Interactive
Area. Your use and/or management of an
Interactive Area will be governed by this
Agreement and any additional rules or operating
procedures of any Interactive Area established
by you or another User, as applicable. You
recognize that the Casino Classifieds cannot,
and does not intend to, screen communications in
advance. Moreover, because the Casino
Classifieds encourages open and candid
communication in the Interactive Areas, the
Casino Classifieds cannot determine in advance
the accuracy or conformance to this Agreement of
any Content transmitted in an Interactive Area.
The Casino Classifieds is not responsible for
screening, policing, editing, reviewing or
monitoring any Content in an Interactive Area.
Notwithstanding the above, you agree that the
Casino Classifieds has the right to monitor any
Interactive Area, from time to time and to
disclose any information as necessary to satisfy
any law, regulation or other governmental
request, to operate the Interactive Area, or to
protect itself or other Users. If notified of
Content that is alleged not to conform to this
Agreement, the Casino Classifieds may
investigate the allegation and determine in its
sole discretion whether to remove or request the
User to remove such Content. The Casino
Classifieds reserves the right to prohibit
conduct, communication or Content within an
Interactive Area, or to edit, refuse to post, or
to remove any Content, in whole or in part,
which it deems in its sole discretion to (i)
violate the then-standard provisions of this
Agreement or any other standard, written Casino
Classifieds policy in effect at that time, (ii)
be harmful to the rights of any User, the Casino
Classifieds, or other third parties, (iii)
violate applicable law, or (iv) be otherwise
objectionable.
4. Termination
The only right with respect to dissatisfaction
with any policies, guidelines, or practices of
the Casino Classifieds in operating the Casino
Classifieds, or any change in Content, is for
you to discontinue accessing the Casino
Classifieds. The Casino Classifieds may
terminate or temporarily suspend your access to
all or any part of the Casino Classifieds,
without notice, for conduct that the Casino
Classifieds believes is a violation of this
Agreement or any policies or guidelines posted
by the Casino Classifieds, or for other conduct
which the Casino Classifieds believes, in its
sole discretion, is harmful to the Casino
Classifieds or other Users. The Casino
Classifieds may discontinue operating the Casino
Classifieds and terminate this Agreement without
notice at any time for any reason in its sole
discretion. In the event of termination, you are
no longer authorized to access the Casino
Classifieds, including the Interactive Areas,
and the restrictions imposed on you with respect
to Content downloaded from the Casino
Classifieds, as well as the disclaimers and
limitations of liabilities set forth in this
agreement, shall survive.
5. Links; Disclaimers Of Warranties;
Limitations of Liability
5.1 Links. You understand that except for
Content, products or services expressly
available at the Casino Classifieds, neither the
Casino Classifieds, its subsidiary and parent
companies, or affiliates, or their respective
directors, officers, employees, and agents
controls, provides, or is responsible for any
Content, goods or services available through
sites on the Internet linked to or from the
Casino Classifieds. All such Content, goods and
services are made accessible on the Internet by
independent third parties and are not part of
the Casino Classifieds or controlled by the
Casino Classifieds. The Casino Classifieds
neither endorses nor is responsible for the
accuracy, completeness, usefulness, quality or
availability of any Content, goods or services
available on any site linked to or from the
Casino Classifieds, which are the sole
responsibility of such independent third
parties, and your use thereof is solely at your
own risk. Neither the Casino Classifieds, its
subsidiary and parent companies, or affiliates,
or their respective directors, officers,
employees, and agents shall be held responsible
or liable, directly or indirectly, for any loss
or damage caused or alleged to have been caused
by your use of or reliance on any Content, goods
or services available on any site linked to or
from the Casino Classifieds or your inability to
access the Internet or any site linked to or
from the Casino Classifieds.
5.2 Disclaimer of Warranties. Please use your
best judgment in evaluating all information
contained or opinions expressed on the Casino
Classifieds. It is the policy of the Casino
Classifieds not to endorse or oppose any opinion
expressed by a User or Content provided by a
User, Contributor, or other independent party.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE Casino
Classifieds IS AT YOUR SOLE RISK. NEITHER THE
Casino Classifieds NOR ANY OF ITS SUBSIDIARY AND
PARENT COMPANIES, OR AFFILIATES, OR THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR
OTHER SUPPLIERS PROVIDING CONTENT, DATA,
INFORMATION OR SERVICES WARRANTS THAT THE Casino
Classifieds OR ANY INTERNET SITE LINKED TO OR
FROM THE Casino Classifieds WILL BE
UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THIS SITE, INCLUDING THE
INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE Casino Classifieds OR ANY INTERNET
SITE LINKED TO OR FROM THE Casino Classifieds OR
AS TO THE TIMELINESS, SEQUENCE, ACCURACY,
AUTHORITY, COMPLETENESS, USEFULNESS,
NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR
SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE,
OR TRANSACTION PROVIDED THROUGH THE Casino
Classifieds OR ANY SITE LINKED TO OR FROM THE
Casino Classifieds. THE Casino Classifieds IS
PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
5.3 Limitation of Liability. UNDER NO
CIRCUMSTANCES SHALL THE Casino Classifieds, ITS
SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES,
OR THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE
LIABLE FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS
AGREEMENT, THE Casino Classifieds, OR ANY
INTERNET SITE LINKED TO OR FROM THE Casino
Classifieds, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION, INCLUDING WITHOUT
LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR
ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, ELECTRICAL
SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF
EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT,
UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION,
ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THE Casino
Classifieds, ITS SUBSIDIARY AND PARENT
COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR
ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR
ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT
CONTAINED WITHIN THE Casino Classifieds OR THE
CONTENT CONTAINED WITHIN ANY INTERNET SITE
LINKED TO OR FROM THE Casino Classifieds. THE
CONTENT WITHIN THE Casino Classifieds AND THE
CONTENT WITHIN INTERNET SITES LINKED TO OR FROM
THE Casino Classifieds MAY INCLUDE TECHNICAL OR
OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE CONTENT
HEREIN; THESE CHANGES WILL BE INCORPORATED IN
NEW VERSIONS OF THE Casino Classifieds AND
SPECIFICALLY ARE INCLUDED IN THIS SECTION
AGREEMENT. THE Casino Classifieds AND ITS
CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME
TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT
THE Casino Classifieds IS NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE
ILLEGAL CONDUCT OF ANY USER. IF YOU ARE
DISSATISFIED WITH ANY Casino Classifieds SITE
CONTENT, OR WITH THE ACCESS AGREEMENT OF THE
Casino Classifieds, IN WHOLE OR IN PART, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE Casino Classifieds.
6. Indemnity
You agree to indemnify and hold the Casino
Classifieds, its parent or subsidiary companies
and their affiliates, and their respective
directors, officers, employees, and agents from
any and all liabilities, claims and expenses,
including reasonable attorneys fees, arising
from breach of this Agreement, any other policy,
your use or access of the Casino Classifieds or
any Internet site linked to or from the Casino
Classifieds, or in connection with the
transmission of any Content on the Casino
Classifieds.
7. Miscellaneous
This Agreement comprises the entire agreement
between the Casino Classifieds and you, and
supersedes any prior agreements with respect to
the subject matter herein. The Casino
Classifieds may revise this Agreement or any
other policy at any time and from time to time,
and such revision shall be effective two (2)
days upon posting notice of such revision
prominently on the Casino Classifieds. You agree
to review this Agreement periodically to be
aware of such revisions. If any such revision is
unacceptable to you, you must discontinue
accessing the Casino Classifieds. Your continued
accessing and use of the Casino Classifieds
following notice of any such revision shall
conclusively be deemed acceptance of all such
revisions. The provisions of Sections 1.2, 2.1,
2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the
termination or expiration of this Agreement. If
any provision of this Agreement or any other
policy be held invalid or unenforceable, that
portion shall be construed in accordance with
applicable law as nearly as possible to reflect
the original intention of the parties and the
remaining portions will continue in full force
and effect. The failure of the Casino
Classifieds to insist upon or enforce strict
performance of any provision of this Agreement
shall not be construed as a waiver of any
provision or right. This Agreement shall be
governed by the laws of the state or province of
domicile of the Casino Classifieds, excluding
its conflict of laws rules, and you and the
Casino Classifieds each submit to the exclusive
jurisdiction of the courts of that state or
province. This Agreement is personal to you and
you may not assign your rights or obligations
thereunder to anyone. All logos, brand names,
products, trademarks and service marks appearing
herein may be the trademarks or service marks of
their respective owners. References to any
trademark, service mark and links to or from the
Casino Classifieds have been done strictly for
clarification and identification and does not
constitute endorsement by the Casino Classifieds
of the products, services or information offered
by the owner of such trademark, service mark or
link or endorsement of the Casino Classifieds by
such trademark, service mark or link owner. |
