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1. ACCEPTANCE OF TERMS
PUTADS.IN provides a collection of online resources, including classified ads,
forums, and various email services, (referred to hereafter as "the Service")
subject to the following Terms of Use ("TOU"). By using the Service in any way,
you are agreeing to comply with the TOU. In addition, when using particular
PUTADS.IN services, you agree to abide by any applicable posted guidelines for
all PUTADS.IN services, which may change from time to time. Should you object to
any term or condition of the TOU, any guidelines, or any subsequent
modifications thereto or become dissatisfied with PUTADS.IN in any way, your
only recourse is to immediately discontinue use of PUTADS.IN.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, 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 apprised of any changes.
3. CONTENT
You understand that all postings, messages, text, files, images, photos, video,
sounds, or other materials ("Content") posted on, transmitted through, or linked
from the Service, are the sole responsibility of the person from whom such
Content originated. More specifically, you are entirely responsible for each
individual item ("Item") of Content that you post, email or otherwise make
available via the Service. You understand that PUTADS.IN does not control, and
is not responsible for Content made available through the Service, and that by
using the Service, you may be exposed to Content that is offensive, indecent,
inaccurate, misleading, or otherwise objectionable. Furthermore, the PUTADS.IN
site and Content available through the Service may contain links to other
websites, which are completely independent of PUTADS.IN. PUTADS.IN makes no
representation or warranty as to the accuracy, completeness or authenticity of
the information contained in any such site. Your linking to any other webites is
at your own risk. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, that you may not rely on said Content,
and that under no circumstances will PUTADS.IN 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 the Service. You
acknowledge that PUTADS.IN does not pre-screen or approve Content, but that
PUTADS.IN shall have the right (but not the obligation) in its sole discretion
to refuse, delete, modify or move any Content that is available via the Service,
for violating the letter or spirit of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The PUTADS.IN site and Content available through the Service may contain
features and functionalities that may link you or provide you with access to
third party content which is completely independent of PUTADS.IN, including web
sites, directories, servers, networks, systems, information and databases,
applications, software, programs, products or services, and the Internet as a
whole.
Your interactions with organizations and/or individuals found on or through the
Service, including payment and delivery of goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such organizations and/or individuals. You should
make whatever investigation you feel necessary or appropriate before proceeding
with any online or offline transaction with any of these third parties.
You agree that PUTADS.IN shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings. If there is a
dispute between participants on this site, or between users and any third party,
you understand and agree that PUTADS.IN is under no obligation to become
involved. In the event that you have a dispute with one or more other users, you
hereby release PUTADS.IN, its officers, employees, agents and successors in
rights from claims, demands and damages (actual and consequential) of every kind
or nature, known or unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way related to such disputes and / or our
service.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been otherwise
violated, please notify PUTADS.IN's agent for notice of claims of copyright or
other intellectual property infringement ("Agent"), using the feedback form
Please provide our Agent with the following Notice:
a) Identify the material on the PUTADS.IN site that you claim is infringing,
with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above
information in your Notice is accurate, and (2) that you are the owner of the
copyright interest involved or that you are authorized to act on behalf of that
owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
PUTADS.IN will remove the infringing posting(s), subject to the the procedures
outlined in the Digital Millenium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
PUTADS.IN 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.putads.in/privacy.php
Your use of the PUTADS.IN website or the Service signifies acknowledgement of
and agreement to our Privacy Policy. You further acknowledge and agree that
PUTADS.IN 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
legal process; enforce the TOU; 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 or as a form of harassment; protect the rights, property, or
personal safety of PUTADS.IN, its users or the general public.
7. 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 law 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 national, 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) that impersonates any person or entity, including, but not limited to, a
PUTADS.IN 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.);
g) that includes personal or identifying information about another person
without that person's explicit consent;
h) that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";
i) 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;
j) that constitutes or contains "affiliate marketing," "link referral code,"
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement;
k) that constitutes or contains any form of advertising or solicitation if:
posted in areas of the PUTADS.IN sites which are not designated for such
purposes; or emailed to PUTADS.IN users who have not indicated in writing that
it is ok to contact them about other services, products or commercial interests.
l) that includes links to commercial services or web sites, except as allowed in
"services";
m) 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 law.
n) 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;
o) 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
p) 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:
q) contact anyone who has asked not to be contacted;
r) "stalk" or otherwise harass anyone;
s) collect personal data about other users for commercial or unlawful purposes;
t) use automated means, including spiders, robots, crawlers, data mining tools,
or the like to download data from the Service - unless expressly permitted by
PUTADS.IN;
u) post irrelevant Content, repeatedly post the same or similar Content or
otherwise impose an unreasonable or disproportionately large load on our
infrastructure;
v) attempt to gain unauthorized access to PUTADS.IN'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 PUTADS.IN
website; or
w) use any form of automated device or computer program that enables the
submission of postings on PUTADS.IN 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.
8. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary
that offers to post Content to the Service on behalf of others. To moderate
demands on PUTADS.IN's resources, you may not use a Posting Agent to post
Content to the Service without express permission or license from PUTADS.IN.
Correspondingly, Posting Agents are not permitted to post Content on behalf of
others, to cause Content to be so posted, or otherwise access the Service to
facilitate posting Content on behalf of others, except with express
permission or license from PUTADS.IN.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to
PUTADS.IN email addresses or through PUTADS.IN computer systems, which is
expressly prohibited by these Terms. Any unauthorized use of PUTADS.IN computer
systems is a violation of these Terms and certain laws. Such violations may
subject the sender and his or her agents to civil and criminal penalties.
10. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee
is an access fee permitting Content to be posted in a designated area.
Each party posting Content to the Service is responsible for said Content
and compliance with the TOU. All fees paid will be non-refundable in the
event that Content is removed from the Service for violating the TOU.
11. LIMITATIONS ON SERVICE
You acknowledge that PUTADS.IN may establish limits concerning use of the
Service, including the maximum number of days that Content will be retained by
the Service, the maximum number and size of postings, email messages, or other
Content that may be transmitted or stored by the Service, and the frequency with
which you may access the Service. You agree that PUTADS.IN has no responsibility
or liability for the deletion or failure to store any Content maintained or
transmitted by the Service. You acknowledge that PUTADS.IN reserves the right at
any time to modify or discontinue the Service (or any part thereof) with or
without notice, and that PUTADS.IN shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service.
12. ACCESS TO THE SERVICE
PUTADS.IN grants you a limited, revocable, nonexclusive license to access the
Service for your own personal use. This license does not include: (a) access to
the Service by Posting Agents; or (b) any collection, aggregation, copying,
duplication, display or derivative use of the Service nor any use of data
mining, robots, spiders, or similar data gathering and extraction tools for any
purpose unless expressly permitted by PUTADS.IN. A limited exception to (b) is
provided to general purpose internet search engines and non-commercial public
archives that use such tools to gather information for the sole purpose of
displaying hyperlinks to the Service, provided they each do so from a stable IP
address or range of IP addresses using an easily identifiable agent and comply
with our robots.txt file. "General purpose internet search engine" does not
include a website or search engine or other service that specializes in
classified listings or in any subset of classifieds listings such as jobs,
housing, for sale, services, or personals, or which is in the business of
providing classified ad listing services.
PUTADS.IN permits you to display on your website, or create a hyperlink on your
website to, individual postings on the Service so long as such use is for
noncommercial and/or news reporting purposes only (e.g., for use in personal web
blogs or personal online media). If the total number of such postings displayed
or linked to on your website exceeds one hundred (100) postings, your use will
be presumed to be in violation of the TOU, absent express permission granted by
PUTADS.IN to do so. You may also create a hyperlink to the home page of
PUTADS.IN sites so long as the link does not portray PUTADS.IN, its employees,
or its affiliates in a false, misleading, derogatory, or otherwise offensive
matter.
PUTADS.IN offers various parts of the Service in RSS format so that users can
embed individual feeds into a personal website or blog, or view postings through
third party software news aggregators. PUTADS.IN permits you to display, excerpt
from, and link to the RSS feeds on your personal website or personal web blog,
provided that (a) your use of the RSS feed is for personal, non-commercial
purposes only, (b) each title is correctly linked back to the original post on
the Service and redirects the user to the post when the user clicks on it, (c)
you provide, adjacent to the RSS feed, proper attribution to 'PUTADS.IN' as the
source, (d) your use or display does not suggest that PUTADS.IN promotes or
endorses any third party causes, ideas, web sites, products or services, (e) you
do not redistribute the RSS feed, and (f) your use does not overburden
PUTADS.IN's systems. PUTADS.IN reserves all rights in the content of the RSS
feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by
PUTADS.IN immediately terminates said permission or license. In order to
collect, aggregate, copy, duplicate, display or make derivative use of the the
Service or any Content made available via the Service for other purposes
(including commercial purposes) not stated herein, you must first obtain a
license from PUTADS.IN.
13. TERMINATION OF SERVICE
You agree that PUTADS.IN, in its sole discretion, has the right (but not the
obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation, if
PUTADS.IN believes that you have acted inconsistently with the letter or spirit
of the TOU. Further, you agree that PUTADS.IN shall not be liable to you or any
third-party for any termination of your access to the Service. Further, you
agree not to attempt to use the Service after said termination. Sections 2, 4, 6
and 10-16 shall survive termination of the TOU.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and
international treaties. Content displayed on or through the Service is protected
by copyright as a collective work and/or compilation, pursuant to copyrights
laws, and international conventions. Any reproduction, modification, creation of
derivative works from or redistribution of the site or the collective work,
and/or copying or reproducing the sites or any portion thereof to any other
server or location for further reproduction or redistribution is prohibited
without the express written consent of PUTADS.IN. You further agree not to
reproduce, duplicate or copy Content from the Service without the express
written consent of PUTADS.IN, and agree to abide by any and all copyright
notices displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in the
Service. Without limiting the foregoing, you agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any aspect of the
Service. PUTADS.IN is a registered mark in the U.S. Patent and Trademark Office.
Although PUTADS.IN does not claim ownership of content that its users post, by
posting Content to any public area of the Service, you automatically grant, and
you represent and warrant that you have the right to grant, to PUTADS.IN 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 the Service, you automatically grant
PUTADS.IN all rights necessary to prohibit any subsequent aggregation, display,
copying, duplication, reproduction, or exploitation of the Content on the
Service by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE PUTADS.IN SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN
RISK. THE PUTADS.IN SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS
AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. 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, PUTADS.IN DISCLAIMS ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE PUTADS.IN SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, PUTADS.IN DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
PUTADS.IN SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE
PUTADS.IN SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, PUTADS.IN DISCLAIMS ANY
WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE
PUTADS.IN SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of
implied warranties. In such jurisdictions, some of the foregoing disclaimers may
not apply to you insofar as they relate to implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PUTADS.IN BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PUTADS.IN HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF
YOUR USE OF THE PUTADS.IN SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM
USE OR MISUSE OF THE PUTADS.IN SITE OR THE SERVICE, FROM INABILITY TO USE THE
PUTADS.IN SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION,
ALTERATION, OR TERMINATION OF THE PUTADS.IN SITE OR THE SERVICE. 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 PUTADS.IN SITE OR
THE SERVICE OR ANY LINKS ON THE PUTADS.IN SITE, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE
PUTADS.IN SITE OR THE SERVICE OR ANY LINKS ON THE PUTADS.IN SITE. THESE
LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some
jurisdictions, limitations of liability are not permitted. In such
jurisdictions, some of the foregoing limitation may not apply to you.
17. INDEMNITY
You agree to indemnify and hold PUTADS.IN, 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 the Service, your use of the
Service, your violation of the TOU, your breach of any of the representations
and warranties herein, or your violation of any rights of another.
18. GENERAL INFORMATION
The TOU constitute the entire agreement between you and PUTADS.IN and govern
your use of the Service, superceding any prior agreements between you and
PUTADS.IN. The TOU and the relationship between you and PUTADS.IN shall be
governed by the laws of the State of California without regard to its conflict
of law provisions. You and PUTADS.IN agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of San Francisco,
California. The failure of PUTADS.IN to exercise or enforce any right or
provision of the TOU shall not constitute a waiver of such right or provision.
If any provision of the TOU 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 TOU 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 the Service or the TOU must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by flagging the posting(s) for review,
or by using the feedback form
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 PUTADS.IN to pursue legal action to enforce these
Terms, you will be liable to pay PUTADS.IN the following amounts as liquidated
damages, which you accept as reasonable estimates of PUTADS.INs' damages for the
specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2) falsely
states or otherwise misrepresents your affiliation with a person or entity; or
(3) that includes personal or identifying information about another person
without that person's explicit consent, you agree to pay PUTADS.IN one thousand
dollars ($1,000) for each such message. This provision does not apply to Content
that constitutes lawful non-deceptive parody of public figures.
b. If PUTADS.IN establishes limits on the frequency with which you may access
the Service, or terminates your access to or use of the Service, you agree to
pay PUTADS.IN one hundred dollars ($100) for each message posted in excess of
such limits or for each day on which you access PUTADS.IN in excess of such
limits, whichever is higher.
c. If you send unsolicited email advertisements to PUTADS.IN email addresses or
through PUTADS.IN computer systems, you agree to pay PUTADS.IN twenty five
dollars ($25) for each such email.
d. If you post Content in violation of the TOU, other than as described above,
you agree to pay PUTADS.IN one hundred dollars ($100) for each Item of Content
posted. In its sole discretion, PUTADS.IN may elect to issue a warning before
assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the
TOU, in addition to any liquidated damages under clause (d), you agree to
pay PUTADS.IN one hundred dollars ($100) for each and every Item you post
in violation of the TOU. A Posting Agent will also be deemed an agent of
the party engaging the Posting Agent to access the Service (the
"Principal"), and the Principal (by engaging the Posting Agent in
violation of the TOU) agrees to pay PUTADS.IN an additional one hundred
dollars ($100) for each Item posted by the Posting Agent on behalf of
the Principal in violation of the TOU.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit
for any purpose any Content (except for your own Content) in violation of these
Terms without PUTADS.IN's express written permission, you agree to pay PUTADS.IN
three thousand dollars ($3,000) for each day on which you engage in such
conduct.
Otherwise, you agree to pay PUTADS.IN's actual damages, to the extent such
actual damages can be reasonably calculated. Notwithstanding any other provision
of these Terms, PUTADS.IN retains the right to seek the remedy of specific
performance of any term contained in these Terms, or a preliminary or permanent
injunction against the breach of any such term or in aid of the exercise of any
power granted in these Terms, or any combination thereof.
20. FEEDBACK
We welcome your questions and comments on this document using the feedback form
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