Terms and Conditions
Please note that if you have any questions or concerns regarding these terms and conditions or any other aspect of the YourOwnClassifieds.com Website, you may contact our Support department via the 'Contact' link on the home page of YourOwnClassifieds.com and we will be happy to assist you.
END-USER LICENSE AGREEMENT (EULA)
By accessing any YourOwnClassifieds.com Product(s), you hereby agree to the following terms and conditions outlined herein, detailed on http//www. YourOwnClassifieds.com, and any and all terms and conditions as may be updated by YourOwnClassifieds.com from time to time. All terms of this Agreement are applicable to You, and any reader of this agreement, and any corporate entity which employs You or which You represent.
This Agreement is made by and between YourOwnClassifieds.com (otherwise listed herein as YourOwnClassifieds.com, Website, We, or Us), and the purchaser (otherwise listed herein as You or Your) who creates an account or makes a purchase for the right to access, acquire, and use Products from YourOwnClassifieds.com.
This Website is owned and operated by YourOwnClassifieds.com. All of the content featured or displayed on the Website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (collectively, 'Content') is owned by YourOwnClassifieds.com, its licensors or its Content sources. All materials available as part of your YourOwnClassifieds.com collection are copyrighted works of authorship to YourOwnClassifieds.com exclusively and are protected under all applicable intellectual property and database laws. YourOwnClassifieds.com retains ownership of all items available on http://www.YourOwnClassifieds.com and any copies of it, regardless of the form in which the copies may exist. This license is not a sale of the original YourOwnClassifieds.com materials or any copies. YourOwnClassifieds.com gives no rights or warranties with regard to the use of names, trademarks, registered or copyrighted designs, registered or copyrighted images, elements or works of art depicted or contained in any image in any Product, and you must satisfy yourself that all the necessary rights or consents, as may be required for your use of said Product(s), are obtained. 'Products' from our Website will constitute and be defined as any template, turnkey script, PHP script, PHP code, HTML page, PSD file, interface, logo, promotional product, banner, CMS skin, or any other product, design, or layout represented on the YourOwnClassifieds.com website. By accessing any Product from YourOwnClassifieds.com You are asserting Your declaration that You have read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on our Website.
A. LIMITED USAGE GRANTED
1. Personal/Non-Developer Commercial Use: You are granted a non-exclusive, non-transferable, revocable, one-domain license to utilize YourOwnClassifieds.com Products for Your website(s) upon replacement and insertion of Your imagery and content, and after completed and accepted payment of your purchase.
Further to the above, Your use of YourOwnClassifieds.com Products on Your website does not allow You to: sell the Products on online auctions, sell or display the Products modified, unmodified, or otherwise from Your own website via an online catalog system or any automatic selling system, distribute the Products to friends, acquaintances, colleagues, co-workers or distribute the Products in any other manner for free or for payment.
Additionally, the use of the YourOwnClassifieds.com Products permitted under this Subsection A(1) does not extend to any activity or use that is strictly prohibited under Section D or elsewhere in this Agreement. Further, You are permitted to use Products from YourOwnClassifieds.com for Your clients, however, all use must be in accordance with the Developer Use outlined under Section A(2) below.
Any violation of this Subsection A(1) of Your YourOwnClassifieds.com License Agreement will be considered a breach of Your service agreement, resulting in the immediate suspension of Your account and all licenses acquired prior to this breach shall be rendered void requiring the immediate removal of any and all YourOwnClassifieds.com Products from all website URLs You have used YourOwnClassifieds.com Products on and deletion of said Products that You have acquired. YourOwnClassifieds.com further reserves the right to seek any and all available damages resulting from Your violation of this provision.
2. Developer/Designer Use:
You are granted a non-exclusive, non-transferable, revocable, one-person one domain license to utilize YourOwnClassifieds.com Products for Your clients' website(s) ONLY after completed and accepted payment of purchase fees; however You will need to purchase a new license for each client that You develop a site for and register Your client's information via YourOwnClassifieds.com support team.
Once You purchase a license for a client, You will simply need to email us with the domain details and we will bind your accounts. You must register Your client's information, including the name of the YourOwnClassifieds.com Product You will be using for that client and the website URL of Your client that You will be utilizing a YourOwnClassifieds.com Product for.
Further to the above, Your use of YourOwnClassifieds.com Products on Your client's website(s) does not allow You to: sell the Products on online auctions, sell or display the Products modified, unmodified or otherwise from Your own website via an online catalogue system or any automatic selling system, create a website for Your client that will engage in any prohibited activity outlined above or throughout, distribute the Products to friends, acquaintances, colleagues, co-workers or distribute the Products in any other manner for free or for payment that is against the terms outlined throughout.
The use of the YourOwnClassifieds.com Products permitted under this Subsection A(2) does not extend to any activity or use that is strictly prohibited under Section D or elsewhere in this Agreement.
Any violation of this Subsection A(2) of Your YourOwnClassifieds.com License Agreement will be considered a breach of Your service agreement, resulting in the immediate suspension of Your account and all licenses acquired prior to this breach shall be rendered void requiring the immediate removal of any and all YourOwnClassifieds.com Products from all website URLs You have used YourOwnClassifieds.com Products on and deletion of said Products that You have acquired. YourOwnClassifieds.com further reserves the right to seek any and all available damages resulting from Your violation of this provision.
You are authorized to make any necessary modification(s) to our Products to fit your purposes at your own risk, except as expressly prohibited under Subsection A(1) and A(2) of Your YourOwnClassifieds.com License Agreement and otherwise identified herein. You may alter the Products code for Your own use, except as expressly prohibited under Subsection A(1) and A(2) of Your YourOwnClassifieds.com License Agreement and otherwise identified herein. You may not use any portion of YourOwnClassifieds.com's Product(s), in whole or in part, within any other product that is packaged, sold, distributed, or available for individual sale.
All efforts are made to design all YourOwnClassifieds.com Products in conformity with the latest version available of the software applications used to modify and utilize Products from YourOwnClassifieds.com. However, YourOwnClassifieds.com provides no guarantee or warranty, express or implied, that the Products currently available will run with past, present, or future versions of software applications used to modify and utilize Products from YourOwnClassifieds.com.
D. UNAUTHORIZED USE:
You agree not to access, acquire, or utilize YourOwnClassifieds.com's Product(s) in any of the following manners:
- You may not at any time share, sell, give, or allow anyone to use Your software, nor access Your account for any reason. Products available for individual sale are sold as a one-domain license and are not transferable to another party at any time as stated. Therefore, any business, association, enterprise, corporation, company, or the like requiring more than one domain would require a separate license for each domain. There are no exceptions to this provision.
- You may not distribute, share, sell, or give away any of YourOwnClassifieds.com's Products at any time for any reason, except as expressly authorized in the 'Limited Usage Granted' Subsection A of this Agreement.
- You may not distribute YourOwnClassifieds.com Products electronically or in hard copy, except as expressly authorized in the 'Limited Usage Granted' Subsection A of this Agreement.
- You may not distribute, display or resell YourOwnClassifieds.com Products as part of any archive, media disk, catalogue, auction, automated shopping system or the like under any circumstances. You may not use any portion of YourOwnClassifieds.com's Product(s), in whole or in part, within any other product that is packaged, sold, distributed, or available for individual sale. You may not place any of YourOwnClassifieds.com's Products, modified or unmodified on a diskette, CD, website or any other medium or archive and offer them for redistribution or resale of any kind without prior written consent as provided by YourOwnClassifieds.com. Additionally, YourOwnClassifieds.com offers a unique high value service of premium graphics and Products and, as such, reserves the right to review accounts for the risk of potential misuse.
- You may not sub-license, assign, or transfer this license to any other individual, party or entity without prior written consent from Us.
- You may not use any download software, internet accelerators, or other similar software or automated programs to access or download any content, materials or Products from the Website at any time.
- You may not under any circumstances use YourOwnClassifieds.com's Products in connection with any illegal, obscene or immoral material.
- You may not claim ownership of the YourOwnClassifieds.com Products or indicate, intimate, or suggest that You designed the Products from YourOwnClassifieds.com.
- You may not include or bundle YourOwnClassifieds.com Products with Your products or services and sell them. This includes, but is not limited to, excluding you from placing YourOwnClassifieds.com Products in whole or in part in any type of software, whether online or offline, content management system, hosting control panel or any other site builder type programs
- You are not permitted to create websites or utilize Products from YourOwnClassifieds.com that violate the legal rights and entitlements of any other person or entity or policies affirmatively declared by another person or entity.
- You are not permitted to offer YourOwnClassifieds.com Products to any party, in whole or in part, as any type of incentive, promotion, free add-on or inclusion as part of any hosting, software, or other type of products or services that You offer.
- You understand that YourOwnClassifieds.com's Products are copyrighted and owned by YourOwnClassifieds.com, its licensors, or its Content sources ONLY, and any unauthorized use of any of these Products by You may be an infringement upon said copyright(s).
- You may not claim intellectual or exclusive ownership to any of YourOwnClassifieds.com's Products, modified or unmodified. All Products are the sole and exclusive property of YourOwnClassifieds.com, it licensors, or Content sources respectively.
- You acknowledge that YourOwnClassifieds.com contains Products that are protected by copyright, trademark, or other intellectual proprietary rights and, as such, You may not transfer or sell, reproduce, create derivative works from, distribute, or in any way exploit any of these Products, in whole or in part, except as expressly authorized by either this Agreement or with express written consent from YourOwnClassifieds.com.
- All Products downloaded from YourOwnClassifieds.com are licensed to You and downloading these Products does not transfer any title from these Products to You, or any intellectual property rights therein to You.
- The design and layout, as well as all Products provided on YourOwnClassifieds.com, or of any other website owned, operated, licensed or controlled by or associated with YourOwnClassifieds.com, are protected by United Kingdom and International law, and other intellectual property proprietary rights, and may not be copied or imitated in whole or in part.
Once You have downloaded a Product from YourOwnClassifieds.com, or purchased a Product available for individual sale, we cannot offer a refund, which You are held responsible for understanding upon Your order with YourOwnClassifieds.com. The reason for this policy is because we offer intangible irrevocable digital Products and as such, there is no way for our Products to be returned. As such, all license fees are non-refundable, including all renewal purchases, automatic or otherwise, where Products have been previously downloaded, and Your payment for a YourOwnClassifieds.com Product indicates Your acceptance of this provision.
G. YourOwnClassifieds.com's REVIEW OF USER LICENSE:
You understand and agree that YourOwnClassifieds.com may, in its sole discretion:
- Monitor Your download activity from YourOwnClassifieds.com as often as YourOwnClassifieds.com determines under its sole discretion for any reason and for any violation of this Agreement.
- Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the violations, if We are unable to confirm the validity of the activity.
- YourOwnClassifieds.com reserves the right to refuse, cancel, or suspend service at its sole discretion.
H. ASSUMPTION OF RISK:
You expressly agree that the use of any and all Products distributed by YourOwnClassifieds.com and available as part of the YourOwnClassifieds.com collection and website is done so solely at Your own risk.
I. LIMITATION OF WARRANTY:
YourOwnClassifieds.com and all Products are made available to You 'AS IS,' 'AS AVAILABLE,' and 'WITH ALL FAULTS.' YourOwnClassifieds.com its employees, directors, and officers and anyone else associated with YourOwnClassifieds.com makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. YourOwnClassifieds.com further makes no representation or warranty that Your usage of YourOwnClassifieds.com will be uninterrupted, that the content and Products contained in the site will be free from errors, interruptions, omissions, defects, error free of computer viruses, or other damaging materials, but YourOwnClassifieds.com will correct any errors, omissions or defects found in the software in accordance with the stable version at the time of purchase. When You access YourOwnClassifieds.com, You do so at Your own risk.
J. LIMITATION OF LIABILITY:
- . In no event shall YourOwnClassifieds.com's juridical person, its employees, directors, officers, affiliates, licensers, suppliers, distributors, or anyone else associated with YourOwnClassifieds.com be liable for any damages, including, but not limited to, indirect, special, incidental, consequential, economic damages including but not limited to loss of revenue or profits, lost savings, or loss of data arising out of the use, or inability to use, our Products. Furthermore, You assume the cost of service, repairs or corrections to Your hardware, software, or other equipment. YourOwnClassifieds.com, or any of its affiliates, officers, directors, employees, licensers, suppliers, distributors, or related parties, will in no event be liable for any damages to exceed the amount paid by You for Your most recent YourOwnClassifieds.com Product purchase price, if any, for accessing or using YourOwnClassifieds.com, or purchasing or downloading Products from YourOwnClassifieds.com, or for accessing, acquiring, and/or using Products from YourOwnClassifieds.com, even if YourOwnClassifieds.com has been advised of the possibility of such damages.
- You agree that YourOwnClassifieds.com is not responsible and shall not be held liable to You or any other party for any threatening, defamatory, obscene, offensive, or illegal conduct or speech of any other party or any infringement or violation of another's rights, including, but not limited to, intellectual property rights, rights of publicity, or rights of privacy.
- . You agree that YourOwnClassifieds.com are not responsible for, and shall have no liability to You with respect to any information, product, or service offered by others who are linked to the YourOwnClassifieds.com website. YourOwnClassifieds.com shall not be liable for any damages allegedly sustained in connection with or arising from Your use of said information, products, or services. In further words, You understand that YourOwnClassifieds.com will not be held accountable for any external links that originate on YourOwnClassifieds.com or any of our demo website(s).
You agree to fully indemnify, hold harmless and defend at Your own expense YourOwnClassifieds.com, its employees, directors, officers, and any other entity associated with YourOwnClassifieds.com, and each of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys' fees and expenses, arising in connection with Your use of YourOwnClassifieds.com Products and the Website or in connection with any breach of any of the terms of this Agreement.
This Agreement, its validity and effect, shall be solely interpreted, and governed by, the laws of United Kingdom. Any claims shall be brought solely in the Federal District Court of the United Kingdom and you expressly consent to the exclusive jurisdiction of the federal courts of the United Kingdom. You consent to the service of any required notice or process upon You by registered mail or overnight courier to the address provided to YourOwnClassifieds.com with Your registration, as You may update from time to time, with proof of delivery.
N. LEGAL FEES:
You agree to reimburse YourOwnClassifieds.com for its legal fees, costs and disbursements if YourOwnClassifieds.com is successful in enforcing any of its rights under this Agreement including, without limitation, in connection with any action to collect payment.
O. ENTIRE AGREEMENT:
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED