Terms Of Use
1. ACCEPTANCE OF TERMS
British White Classifieds provides classified ads,
(referred to hereafter as the Service) subject to the following Terms of Use
(TOS). By using the Service in any way, you are agreeing to comply with the
TOS. In addition, when using British White Classifieds services, you agree to
abide by any applicable posted guidelines for all British White Classifieds
services, which may change from time to time. Should you object to any term or
condition of the TOS, any guidelines, or any subsequent modifications thereto
or become dissatisfied with British White Classifieds in any way, your only
recourse is to immediately discontinue use of British White Classifieds.
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. 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 in
nature OF ANY KIND!.
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 Fair Housing Act 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 federal, 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) with respect to employers that employ four or more
employees, that violates the anti-discrimination provision of the Immigration
and Nationality Act, including requiring U.S. citizenship or lawful permanent
residency (green card status) as a condition for employment, unless otherwise
required in order to comply with law, regulation, executive order, or federal,
state, or local government contract.
g) that impersonates any person
or entity, including, but not limited to, a British White Classifieds 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.).
h) that includes personal or
identifying information about another person without that person's explicit
consent
i)
that is false, deceptive, misleading, deceitful, misinformative,
or constitutes bait and switch
j) 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.
k) that constitutes or contains
affiliate marketing, link referral code,junk mail,
spam, chain letters, pyramid schemes, or unsolicited commercial advertisement.
l) that constitutes or contains any form of advertising
or solicitation if: posted in areas of the British White Classifieds sites
which are not designated for such purposes; or emailed to British White
Classifieds users.
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 state 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:
r) contact anyone who has asked
not to be contacted.
s) stalk or otherwise harass
anyone;
t) collect personal data about
other users for commercial or unlawful purposes.
u) use automated means,
including spiders, robots, crawlers, data mining tools, or the like to download
data from the Service - unless expressly permitted by British White
Classifieds.
v) 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.
w) post the same item in more
than three classified categories;
x) attempt to gain unauthorized
access to British White Classifieds'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 British White Classifieds website. or
y) use any form of automated device or computer program
that enables the submission of postings on British White Classifieds 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. This excludes authorized XML feeds for commercial customers.
4. CONTENT You understand that
all postings, messages, text, files, images, photos, 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 British White Classifieds does
not control, and is not responsible for Content made available through the
Service. Furthermore, the British White Classifieds site and Content available
through the Service may contain links to other websites, which are completely
independent of British White Classifieds. British White Classifieds 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 British
White Classifieds 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
British White Classifieds does not pre-screen or approve Content, but that
British White Classifieds 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 TOS or for any other reason.
BUSINESS OPPORTUNITY ADS MUST INCLUDE THE MINIMUM INVESTMENT AMOUNT IN THE
PRICE FIELD.
5. THIRD PARTY CONTENT, SITES, AND SERVICES The British
White Classifieds 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 British White
Classifieds, 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 British White
Classifieds 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 British White Classifieds is under no obligation to become
involved. In the event that you have a dispute with one or more other users, you
hereby release British White Classifieds, 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.
6. PRIVACY AND INFORMATION DISCLOSURE Your information is
collected for British White Classifieds use only. It is not released to anyone
for any purpose, especially for commercial purposes. However, your use of the
British White Classifieds website or the Service signifies acknowledgement of
and agreement that British White Classifieds 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. You further agree to
accept email messages from British White Classifieds regarding British White
Classifieds business. Messages may contain important information regarding your
account, operations at British White Classifieds, and/or may contain or include
promotional information about British White Classifieds services. Such
communications shall not be considered SPAM. We will not send messages on
behalf of any third party.
7. 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 British White Classifieds's resources, you may not use a Posting Agent to
post Content to the Service without express permission or license from British
White Classifieds. 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 British White Classifieds.
8. NO SPAM POLICY You understand
and agree that sending unsolicited email advertisements to British White
Classifieds email addresses or through British White Classifieds computer
systems, is expressly prohibited by these TOS. Any unauthorized use of British
White Classifieds computer systems is a violation of the TOS and certain
federal and state laws. Such violations may subject the sender and his or her
agents to civil and criminal penalties.
9. 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 TOS. All fees paid will be
non-refundable in the event that Content is removed from the Service for
violating the TOS.
10. LIMITATIONS ON SERVICE You acknowledge that British
White Classifieds 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 British White Classifieds has no responsibility
or liability for the deletion or failure to store any Content maintained or
transmitted by the Service. You acknowledge that British White Classifieds
reserves the right at any time to modify or discontinue the Service (or any
part thereof) with or without notice, and that British White Classifieds shall
not be liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
11. ACCESS TO THE SERVICE British White Classifieds
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 British White Classifieds. 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. British White Classifieds permits you
to display on your website, or create a hyperlink on your website to,
individual postings on the Service. You may also create a hyperlink to the home
page of British White Classifieds sites so long as the link does not portray
British White Classifieds, 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 British White
Classifieds 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 British White Classifieds.
12. TERMINATION OF SERVICE You agree that British White
Classifieds, 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 British White
Classifieds believes that you have acted inconsistently with the letter or
spirit of the TOS. Further, you agree that British White Classifieds 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 TOS.
13. 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 British White Classifieds.
You further agree not to reproduce, duplicate or copy Content from the Service
without the express written consent of British White Classifieds, 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. Although British White Classifieds 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 British White Classifieds 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
British White Classifieds 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.
14. DISCLAIMER OF WARRANTIES YOU AGREE THAT USE OF THE
British White Classifieds SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE British White Classifieds 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, British White
Classifieds DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
ACCURACY, AND PERFORMANCE OF THE British White Classifieds SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, British White Classifieds
DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE British White Classifieds SITE OR THE SITES OR SERVICE, OR
ACCESSED THROUGH ANY LINKS ON THE British White Classifieds SITE. TO THE
FULLEST EXTENT PERMITTED BY LAW, British White Classifieds DISCLAIMS ANY
WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE
British White Classifieds 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.
15. LIMITATIONS OF LIABILITY UNDER NO CIRCUMSTANCES SHALL
British White Classifieds BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF British White Classifieds HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR
USE OF THE British White Classifieds SITE OR THE SERVICE, WHETHER THE DAMAGES
ARISE FROM USE OR MISUSE OF THE British White Classifieds SITE OR THE SERVICE,
FROM INABILITY TO USE THE British White Classifieds SITE OR THE SERVICE, OR THE
INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE
British White Classifieds 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 British White Classifieds
SITE OR THE SERVICE OR ANY LINKS ON THE British White Classifieds SITE, AS WELL
AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE British White Classifieds SITE OR THE SERVICE OR ANY LINKS
ON THE British White Classifieds 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.
16. INDEMNITY You agree to indemnify and hold British
White Classifieds, 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 TOS, your breach of any of the representations and warranties herein, or
your violation of any rights of another.
17. GENERAL INFORMATION The TOS constitute
the entire agreement between you and British White Classifieds and govern your
use of the Service, superseding any prior agreements between you and British
White Classifieds. The TOS and the relationship between you and British White
Classifieds shall be governed by the laws of the state Texas, without regard to
its conflict of law provisions. You and British White Classifieds agree to
submit to the personal and exclusive jurisdiction of the courts located within
the county of Grayson. The failure of British White Classifieds to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS 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 TOS 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
TOS must be filed within one (1) year after such claim or cause of action arose
or be forever barred.
18. This website is owned and managed by Morris Halliburton.
The domain for this website, britishwhite.net is owned by Morris Halliburton.
Registered through: GoDaddy.com, LLC(http://www.godaddy.com),
Domain Name: BRITISHWHITE.NET, Created on: 29-Dec-99,
Registrant: Morris Halliburton, 200 Halliburton Drive, Bells, Texas 75414, United States,
Administrative Contact: Morris Halliburton,
Technical Contact: Morris Halliburton.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES Please report any violations of the TOS, by by emailing to: British White Classifieds Administrator 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 British White Classifieds to pursue legal action to enforce the
TOS, you will be liable to pay British White Classifieds the following amounts
as liquidated damages, which you accept as reasonable estimates of British
White Classifieds's damages for the specified
breaches of the TOS: 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
British White Classifieds one thousand dollars ($1,000) for each such message.
This provision does not apply to messages that are lawful non-deceptive
parodies of public figures. b. If British White Classifieds 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 British White Classifieds one
hundred dollars ($100) for each message posted in excess of such limits or for
each day on which you access British White Classifieds in excess of such
limits, whichever is higher. c. If you send unsolicited email advertisements to
British White Classifieds email addresses or through British White Classifieds
computer systems, you agree to pay British White Classifieds one hundred
dollars ($100), plus twenty five dollars ($25) for each such email. d. If you
post Content in violation of the TOS, other than as described above, you agree
to pay British White Classifieds one hundred dollars ($100) for each Item of
Content posted. In its sole discretion, British White Classifieds may elect to
issue a warning before assessing damages. e. If you are a Posting Agent that
uses the Service in violation of the TOS, in addition to any liquidated damages
under clause (d), you agree to pay British White Classifieds one hundred
dollars ($100) for each and every Item of Conent
posted in violation of the TOS. 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 TOS) agrees to
pay British White Classifieds an additional one hundred dollars ($100) for each
Item of Conent posted by the Posting Agent on behalf
of the principal in violation of the TOS. f. If you aggregate, display, copy,
duplicate, reproduce, or otherwise exploit for any purpose any Content (except
for your own Content) in violation of the TOS without British White Classifieds's express written permission, you agree to pay
British White Classifieds three thousand dollars ($3,000) for each day on which
you engage in such conduct. Otherwise, you agree to pay British White Classifieds's actual damages, to the extent such actual
damages can be reasonably calculated. Notwithstanding any other provision of
the TOS, British White Classifieds retains the right to seek the remedy of
specific performance of any term contained in the TOS, or a preliminary or
permanent injunction against the breach of any such term or in aid of the exercise
of any power granted in the TOS, or any combination thereof.