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  Terms of Use
 
THE BIG ADS CLASSIFIEDS WEBSITE - TERMS OF USE
 
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.
 
Using The BIG ADs Classifieds Website
 
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:
 
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.
 
The following specific items will be adhered to while using The BIG ADs Classifieds website:
 
  1. 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.
  2. 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.
  3. 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.
  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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;

  10. 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.

  11. 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.

  12. 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.

  13. 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.

 
Reporting any Abuse of The BIG ADs Classifieds website
 
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.
 
Please provide as much information as possible regarding the problem or offense to: abuse@thebigads.com
 
Modifications To This Agreement
 
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.
 
Fees and Services
 
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).
 
Content
 
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.

 
Liability
 
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.
 
Personal Information
 
By using The BIG ADs Classifieds, you agree to the collection, transfer, storage and use of your personal information.
 
General
 
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.
 
Sparrow 7 Media, LLC.
41 Westech Drive
Tyngsboro, MA 01879
United States