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| Community
Classifieds for New England! |
| animals, cars, motorcycles, boats, building materials
and more... |
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| THE BIG ADS CLASSIFIEDS
WEBSITE - TERMS OF USE |
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| Welcome to The BIG ADs Classifieds. By accessing and
using the services of The BIG ADs Classifieds website you are agreeing
to the following terms, which are designed to make sure that The BIG
ADs Classifieds works for everyone. The BIG ADs Classifieds website,
‘thebigads.com’, is owned and operated by Sparrow 7 Media,
LLC. |
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| Using The BIG ADs Classifieds Website |
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| You are able to advertise and post in any of the appropriate
categories or areas and will not do any of the following inappropriate
actions on this website: |
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| Violate any laws or The BIG ADs Classifieds Policies;
be false or misleading; infringe any third-party right; distribute
or contain spam, chain letters, or pyramid schemes; distribute viruses
or any other technologies that may harm The BIG ADs Classifieds or
the interests or property of The BIG ADs Classifieds users; impose
an unreasonable load on our infrastructure or interfere with the proper
working of The BIG ADs Classifieds; copy, modify, or distribute any
other person's content without their consent; use any robot, spider,
scraper or other automated means to access The BIG ADs Classifieds
and collect content for any purpose without our express written permission;
harvest or otherwise collect information about others, including email
addresses, without their consent; bypass measures used to prevent
or restrict access to The BIG ADs Classifieds. |
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| The following specific items will be adhered to while
using The BIG ADs Classifieds website: |
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- User Competence – The BIG ADs
Classifieds web site, including, without limitation, any part
or subpart thereof and/or any site, link, or portion of web site
accessed on or through The BIG ADs Classifieds’ web site,
may be used only by individuals 18 years of age or older with
the ability to form legally binding contracts.
- Credit Card Use - When using a credit
card on The BIG ADs Classifieds website, you represent that you
are in lawful possession of the credit card and possess the entire
rights, duties, obligations, and responsibilities attendant upon
the cardholder.
- Limitation of Liability / Disclaimer of Warranties
- Under no circumstances, including, but not limited to negligence,
shall The BIG ADs Classifieds website be responsible or liable
for any expenses, losses, claims, costs or damages, including,
without limitation, direct, indirect, incidental, special or consequential
damages that result from the use of, or the inability to use,
the materials in this site, even if The BIG ADs Classifieds website
or a BIG ADs Classifieds website authorized representative has
been advised of the possibility of such damages. Applicable law
may not allow the limitation or exclusion of liability or incidental
or consequential damages, so the above limitation or exclusion
may not apply to you. The BIG ADs Classifieds website provides
its web site and services "as is" and without any warranty,
express, implied or statutory. The BIG ADs Classifieds website
specifically disclaims any implied warranties of title, merchantability,
fitness for a particular purpose and non-infringement.
- Ad Submission - The BIG ADs Classifieds
reserves the right to edit, refuse, delete, modify, or remove
ads, postings, listings or messages in its sole discretion for
any reason.
The BIG ADs Classifieds website strictly prohibits the sale
of illegal items (including, without limitation, counterfeit
or stolen items).
The BIG ADs Classifieds website does not guarantee continuous,
uninterrupted or secure access to its web site. The BIG ADs
Classifieds website is not responsible for damages or loss caused
by errors in the system or the Internet, including, without
limitation, network outages, Internet connectivity problems,
client side browser issues or other such problems.
You agree to indemnify and hold harmless The BIG ADs Classifieds
website, its subsidiaries, related companies, officers, directors,
employees and agents from and against all loss, damage, cost,
expense and claim which may be suffered or incurred by you as
a result of or related in any way with your use of The BIG ADs
Classifieds website.
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Assumption of Risk - The BIG ADs Classifieds
is not responsible for the goods or services listed on this
web site. The sellers assume all risk and liability arising
from their offer for sale of any item. The buyers are solely
responsible for the merchandise purchased through The BIG ADs
Classifieds. Buyers assume all risk and liability arising from
their purchase (or attempted purchase) of any item. The BIG
ADs Classifieds does not get involved in the transactions between
sellers, buyers, advertisers, and contacts. All terms are agreed
upon between seller and buyer. Since The BIG ADs Classifieds
does not get involved in the actual transaction between sellers
and buyers, The BIG ADs Classifieds does not control and is
not responsible for anything bought, sold or traded. In addition,
by using this site you acknowledge that you are aware that there
are risks of dealing with foreign nationals, underage persons
or people acting under false pretense.
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Inappropriate Use - The BIG ADs Classifieds
cannot guarantee that we will notice or prevent anyone from
abusing our system, or inappropriately using our system or registering
with false information.
The BIG ADs Classifieds cannot guarantee the preservation
of any material, information and records posted on the Web site.
Users agree to refrain from "spamming" (sending unsolicited
commercial e-mail to other users).
Users are responsible in all respects for their user name
and password. Users agree not to transfer, assign, or otherwise
permit another person or entity to use their user name and password
to access The BIG ADs Classifieds web site.
In no event shall The BIG ADs Classifieds be responsible for
any inappropriate or unauthorized use of your user name and
password.
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Reporting Intellectual Property Infringements
(The BIG ADs Classifieds Notice and Take Down Program)
Do not post content that infringes the rights of third parties.
This includes, but is not limited to; content that infringes
on intellectual property rights such as copyright and trademark
(e.g. offering counterfeit items for sale). We reserve the right
to remove content where we have grounds for suspecting the violation
of these terms, our policies or of any party's rights. The following
steps are for reporting a listing to The BIG ADs Classifieds
that you believe to be infringing on your intellectual property
rights. Only the intellectual property rights owner can report
the potentially infringing items or listings through The BIG
ADs Classifieds website.
If you have a good faith belief that a listing on The BIG ADs
Classifieds infringes your copyright, trademark, or other intellectual
property rights, immediately report this to us via the ‘Contact
Us’ email account or by calling 800-721-0651.
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Termination. The BIG ADs Classifieds
reserves the right to terminate the publication of ads and/or
accounts at any time for any reason. The BIG ADs Classifieds
reserves the right to determine commercial and private party/non-commercial
ad(s) based on its own criterion.
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Prohibited Activities. By using The
BIG ADs Classifieds website you agree that any information provided
by you (or any items listed) and your activities on the site
shall not:
(A) Be deemed offensive, indecent, or otherwise objectionable.
(B) Be false, inaccurate or misleading;
(C) be fraudulent or involve the sale of counterfeit or stolen
items;
(D) Infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity
or privacy;
(E) violate any law, statute, ordinance or regulation (including,
but not limited to, those governing export control, consumer
protection, unfair competition, antidiscrimination or false
advertising);
(F) Be defamatory, trade libelous, unlawfully threatening or
unlawfully harassing;
(G) violate federal, state, or local laws to discriminate based
on race, religion, sex, national origin, age or disability.
(H) be obscene or contain pornography
(I) contain pictures of minors on our website
(J) be deceptive, misleading, deceitful, or constitute “bait
& switch”
(K) contain any viruses, Trojan horses, worms, time bombs,
cancel bots, Easter eggs or other computer programming routines
that may damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information;
(L) Create liability for us or cause us to lose (in whole or
in part) the services of our suppliers; and
(M) Link directly or indirectly to goods or services that are
prohibited under this Agreement;
(N) Controlled Substances or illegal drugs, prescription drugs,
substances and items used to manufacture controlled substances
and drug paraphernalia.
(O) Blood, bodily fluids or body parts.
(P) Bulk email or mailing lists that contain names, address,
telephone numbers, or other personal identifying information.
(Q) Additionally, you agree not to:
contact anyone who has asked not to be contacted,
(R) 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;
- Ownership of Web Site Contents -Contents
of this web site, including without limitation any contents or
materials provided by a user for inclusion on this web site, are
the exclusive property of Sparrow 7 Media, LLC. By using this
web site you are granting Sparrow 7 Media, LLC the unconditional
right to use, destroy, alter or otherwise act as rightful owner
without limitation of contents, material or information provided
to or included on The BIG ADs Classifieds website.
- Copyright - This site is Copyright ©
2009 to Sparrow 7 Media, LLC. All rights reserved. All content
included on The BIG ADs Classifieds website, such as text, graphics,
photos, video clips logos, button icons, images and audio clips
is the property of Sparrow 7 Media, LLC. This material is protected
by United States and international copyright laws. This material
may be used as a shopping resource by users. Any other use by
users, including the reproduction, adaptation, modification, distribution,
transmission, republication, display or performance, of the content
on this site is strictly prohibited. All software used on this
site is the property of Sparrow 7 Media, LLC or its software suppliers
and is protected by United States and international copyright
laws. Unauthorized reproduction, adaptation, modification, distribution,
transmission, republication, display or performance of this software
is strictly prohibited. You agree that you will not take any action
that imposes an unreasonable or disproportionately large load
on our infrastructure. Much of the information on our site is
updated on a real time basis and is proprietary or is licensed
to Sparrow 7 Media, LLC by our users or third parties. You agree
that you will not copy, reproduce, alter, modify, create derivative
works, or publicly display any content from our website without
the prior express written permission of Sparrow 7 Media, LLC or
the appropriate third party.
- Trademark - TheBigAds.com and TheBigAds.com
logo are trademarks of TheBigAds.com. These trademarks may not
be used other than with the express written permission of Sparrow
7 Media, LLC.
- General - This Agreement shall be governed
in all respects by the laws of the State of Massachusetts as such
laws are applied to agreements entered into and to be performed
entirely within Massachusetts between Massachusetts residents.
The laws of the State of Massachusetts, excluding its conflicts-of-law
rules, govern the Terms and Conditions of this Disclaimer. As
noted elsewhere, your conduct may be subject to other local, state,
and national laws. You expressly agree that exclusive jurisdiction
for any claim or dispute resides in the courts of the State of
Massachusetts. You further agree and expressly consent to the
exercise of personal jurisdiction in the State of Massachusetts
in connection with any dispute or claim involving TheBigAds.com
and/or Sparrow 7 Media LLC.
All users need to follow federal & state laws.
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| Reporting any Abuse of The BIG ADs Classifieds
website |
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| Please contact The Big Ads immediately to report to
us any problems or offensive content so that together we can keep
the site working properly. We may limit or terminate our service,
remove hosted content and take technical and legal steps to keep users
off The BIG ADs Classifieds if we think that they are creating problems
or acting inconsistently with our policies. However, whether we decide
to take any of these steps, remove hosted content or keep a user off
The BIG ADs Classifieds website or not, we do not accept any liability
for monitoring The BIG ADs Classifieds or for unauthorized or unlawful
content on The BIG ADs Classifieds or use of The BIG ADs Classifieds
by users. |
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| Please provide as much information as possible regarding
the problem or offense to: abuse@thebigads.com |
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| Modifications To This Agreement |
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| The BIG ADs Classifieds reserves 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. |
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| Fees and Services |
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Using The BIG ADs Classifieds is generally free. We
may charge fees for certain services. If the service you use charges
a fee, you'll be able to review and accept the charge. Our fees are
quoted in US Dollars, and we may change them from time to time. We'll
notify you of changes to our fee policy by posting such changes on
the site. We may choose to temporarily change our fees for promotional
events or new services; these changes are effective when we announce
the promotional event or new service.
Our fees are non-refundable, and you are responsible for paying them
when they are due. If you don't pay the fees that are due we may limit
your ability to use the services. If your payment method fails or
your account is past due, we may collect fees owed using other collection
mechanisms (for accounts over 180 days past due, we may deduct the
amount owed from your PayPal account balance). |
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| Content |
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The BIG ADs Classifieds contains advertisements, art
design and materials from The Big Ads Classifieds, you, and other
users. You agree not to copy, modify, or distribute The BIG ADs Classifieds,
our copyrights or trademarks. When you give us content, you are granting
us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable right to exercise the copyright, publicity, and database
rights to that content. The Big Ads Classifieds need these rights
to host and display your content. If you believe that your rights
have been violated, please notify our designated copyright agent at
The BIG ADs Classifieds Customer Support and we will investigate the
matter immediately. We reserve the right to remove content where we
have grounds for suspecting the violation of these terms or of any
party's rights.
The BIG ADs Classifieds is not responsible for typographical errors,
accuracy, content, quality or transactions between the advertiser
and his/her contact. You are at your own risk in using this website,
including without limitation any part or subpart thereof and/or any
site, link, or portion of web site accessed on or through The BIG
ADs Classifieds website. You understand that postings, images,
files, photos and other material posted, transmitted, linked from
the service, are the sole responsibility of the person who originated
the content.
You are responsible solely for each individual item that you post,
email or make available via the service. |
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| Liability |
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You agree not to hold us responsible for things other
users post or do. As most content on The BIG ADs Classifieds comes
from other users, we do not guarantee the accuracy of postings or
user communications or the quality, safety, or legality of what's
offered. We also cannot guarantee continuous or secure access to our
services. Accordingly, to the extent legally permitted we expressly
disclaim all warranties, representations and conditions, express or
implied, including those of quality, merchantability, merchantable
quality, durability, fitness for a particular purpose and those arising
by statute. We are not liable for any loss, whether of money (including
profit), goodwill, or reputation, or any special, indirect, or consequential
damages arising out of your use of The BIG ADs Classifieds, even if
you advise us or we could reasonably foresee the possibility of any
such damage occurring. Some jurisdictions do not allow the disclaimer
of warranties or exclusion of damages, so such disclaimers and exclusions
may not apply to you.
You agree that use of the BIG ADs Classifieds website and the service
is entirely at your own risk. The BIG ADs Classifieds website and
the services provided are 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, The BIG ADs Classifieds
disclaims any warranties for the security, reliability, timeliness,
accuracy, and performance of the The BIG ADs Classifieds website and
the service. To the fullest extent permitted by law, Sparrow 7 Media
LLC disclaims any warranties for other services or goods received
through or advertised on the
website or accessed through any links on The BIG ADs Classifieds website. |
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| Personal Information |
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| By using The BIG ADs Classifieds, you agree to the
collection, transfer, storage and use of your personal information.
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| General |
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| These terms and the other policies posted on The BIG
ADs Classifieds constitute the entire agreement between The Big Ads
Classifieds and you, superseding any prior agreements. |
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Sparrow 7 Media, LLC.
41 Westech Drive
Tyngsboro, MA 01879
United States |
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