 
|
|
  
|
| Adrian,Albion,Blackman,Brooklyn,Chelsea,Clark Lake,Coldwater,Concord,Grass Lake,Hanover,Hillsdale,Horton,Hudson,Jackson,Jonesville,Leoni,Leslie,Marshall,Munith,Onondaga,Parma,Spring Arbor,Springport,Summit |
| Thursday, July 24th, 2008 | HOME | LOGIN | REGISTER | NEWS | SPORTS | CLASSIFIEDS | DIRECTORY |
ZONECITY - TERMS OF USE |
|
1. ACCEPTANCE OF TERMS ZONECITY is used by visitors and posters of the website (hereafter referred to as “USER”). ZONECITY provides online services to local communities including FREE classified ads, directory listings, and forums (referred to hereafter as "THE SERVICE"). All USER activities are subject to the following Terms of Service (“TERMS”). When you activate an account on ZONECITY, you are agreeing to comply with the TERMS. When using ZONECITY services, you will abide by any guidelines set forth in this posted document. Posted guidelines may change from time to time and it is the responsibility of the USER to check for posted updates. Any objection to the terms and conditions of the TERMS the USER should just quit using the ZONECITY website network. This is your only option. 2. MODIFICATIONS TO THIS AGREEMENT We reserve the right to change, modify or otherwise alter these terms and conditions at any time and for any reason. Any modification shall become effective immediately upon the posting of the modification to the ZONECITY website. It is the responsibility of the USER to review this documentation on a regular basis, to be informed and aware 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 ZONECITY 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 ZONECITY site and CONTENT available through THE SERVICE may contain links to other websites, which are completely independent of ZONECITY. ZONECITY 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 websites 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 ZONECITY 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 ZONECITY does not pre-screen or approve CONTENT, but that ZONECITY shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any CONTENT that is available via THE SERVICE, for violating the letter or spirit of the TERMS or for any other reason. 4. THIRD PARTY CONTENT, SITES, AND SERVICES The ZONECITY site and CONTENT that are made 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 ZONECITY, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Buyers and Sellers both have to be aware. 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 have to treat ZONECITY the same way you treat a phone book or any other form of media. You conduct some form of investigation you feel necessary before proceeding with any online or offline transaction with any of these third parties. You agree that ZONECITY 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 ZONECITY is under no obligation to become involved. In the event that you have a dispute with one or more other USERs, you hereby release ZONECITY, 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 ZONECITY's agent for notice of claims of copyright or other intellectual property infringement at: Zonecity – Attn Copyright Agent P.O. Box 826 East Lansing , Michigan 48823 support@zonecity.com To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements): a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly. d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements): a) A physical or electronic signature of the subscriber. b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. c) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. d) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. 6. PRIVATE POLICY ZONECITY has established a Privacy Policy to explain to USERs how their information is collected and used, which is located HERE. Your use of the ZONECITY website or THE SERVICE signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that ZONECITY 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 TERMS; 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 ZONECITY, its USERs or the general public. 7. CONDUCT Here are our rules for using ZONECITY: No pornography or sexually explicit content is allowed on Zonecity. Also, be advised that we notify and work with law enforcement upon the discovery of any form child exploitation of any kind. So don’t do it. No submitted content of illegal acts are allowed. Do not post any content on Zonecity, including text, pictures or links to anything illegal. Real violent content is not allowed. Don’t post any content that shows someone getting hurt, attacked, or humiliated, don't post it. Zonecity is not a shock site. So don’t post any content of beheadings, war footage other gross stuff if it's intended to shock or disgust people. We reserve the right to remove any content deemed offensive by our personal and professional standards. Respect copyright. Only submit content that you have made or that you have obtained the rights to use. This means don't upload any content that you didn't make, or use content that someone else owns the copyright to, such as picture, trademark logos, copyrighted text and graphics without their permission. Read our Copyright Tips for more information. No hate speech. We encourage free speech and defend everyone's right to express unpopular points of view. But we don't permit hate speech which contains slurs or the malicious use of stereotypes intended to attack or demean a particular gender, sexual orientation, race, religion, or nationality. We have no tolerance of any content that promotes any form of terrorist or hate group. Discussion can be held about socially sensitive nature in intelligent manner without resulting malice intent. There is zero tolerance policy for predatory behavior which includes real world or virtual world stalking, threats, harassment, invading privacy, or the revealing of other members' personal information. Anyone caught doing these things may be permanently banned from Zonecity. Do not ruin our Zonecity community with BOTS or other technical programs. You greedy BOT guys have ruined other online communities with your selfish acts. You won’t here. We reserve the right to close your account and ban IPs if we just suspect of you trying to exploit our Zonecity community. We will be vigilant on this issue. Zonecity’s staff has the right of empowerment to act to preserve the quality of Zonecity. If a negative event has arise and is deemed a detriment to Zonecity site by the Zonecity staff, the staff has the power to sanction or correct the event, even if circumstance was not written in the Terms of Use. The USER will not link to other websites 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 the USER will not 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; The USER will not attempt to gain unauthorized access to ZONECITY'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 ZONECITY website. 8. NO SPAM POLICY You understand and agree that sending unsolicited email advertisements to ZONECITY email addresses or through ZONECITY computer systems, which is expressly prohibited by these TERMS, will use or cause to be used servers located in California and Michigan. Any unauthorized use of ZONECITY computer systems is a violation of the TERMS and certain federal and state laws. 9. LIMITATIONS ON SERVICE You acknowledge that ZONECITY 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 ZONECITY has no responsibility or liability for the deletion or failure to store any CONTENT maintained or transmitted by THE SERVICE. You acknowledge that ZONECITY reserves the right at any time to modify or discontinue THE SERVICE (or any part thereof) with or without notice, and that ZONECITY shall not be liable to you or to any third party for any modification, suspension or discontinuance of THE SERVICE. 10. ACCESS TO THE SERVICE ZONECITY 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. 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 ZONECITY. 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. ZONECITY permits you to display on your website, or create a hyperlink on your website to, 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 TERMS, absent express permission granted by ZONECITY to do so. You may also create a hyperlink to the home page of ZONECITY sites so long as the link does not portray ZONECITY, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. Use of THE SERVICE beyond the scope of authorized access granted to you by ZONECITY 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 ZONECITY. 11. TERMINATION OF SERVICE You agree that ZONECITY, 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 ZONECITY believes that you have acted inconsistently with the letter or spirit of the TERMS. Further, you agree that ZONECITY 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 12-18 shall survive termination of the TERMS. 12. 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 ZONECITY. You further agree not to reproduce, duplicate or copy CONTENT from THE SERVICE without the express written consent of ZONECITY, 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. ZONECITY is a registered mark in the U.S. Patent and Trademark Office. Although ZONECITY 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 ZONECITY 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 fore going. Furthermore, by posting CONTENT to any public area of THE SERVICE, you automatically grant ZONECITY 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. 13. DISCLAIMER OF WARRANTIES YOU AGREE THAT USE OF THE ZONECITY SITE AND THE SERVICE IS ENTIRELY ATYOUR OWN RISK. THE ZONECITY 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, ZONECITY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ZONECITY SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, ZONECITY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ZONECITY.COM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE ZONECITY SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ZONECITY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE ZONECITY 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. 14. LIMITATIONS OF LIABILITY UNDER NO CIRCUMSTANCES SHALL ZONECITY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ZONECITYHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANYASPECT OF YOUR USE OF THE ZONECITY SITE OR THE SERVICE, WHETHER THEDAMAGES ARISE FROM USE OR MISUSE OF THE ZONECITY SITE OR THE SERVICE, FROM INABILITY TO USE THE ZONECITY SITE OR THE SERVICE, OR THE INTERRUPTION,SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ZONECITY SITEOR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGESINCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ZONECITY SITE OR THE SERVICE OR ANY LINKS ON THE ZONECITY SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ZONECITY SITE OR THE SERVICE OR ANY LINKS ON THE ZONECITY 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. 15. INDEMNITY You agree to indemnify and hold ZONECITY, 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 TERMS, your breach of any of the representations and warranties herein, or your violation of any rights of another. 16. GENERAL INFORMATION The TERMS constitute the entire agreement between you and ZONECITY and govern your use of THE SERVICE, superseding any prior agreements between you and ZONECITY. The TERMS and the relationship between you and ZONECITY shall be governed by the laws of the State of Michigan without regard tort conflicts of law provisions. You and ZONECITY agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Ingham, Michigan. The failure of ZONECITY to exercise or enforce any right or provision of the TERMS shall not constitute a waiver of such right or provision. If any provision of the TERMS 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 TERMS 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 TERMS must be filed within one (1) year after such claim or cause of action arose or be forever barred. 17. FEEDBACK We’re always looking for feedback from the Zonecity community. Give us suggestions to make things better for you. Drop us a line…tell us we’re great or tell us we’re morons, but give us some feedback and suggestions. Contact Us |