Terms of Use - NC Soup Free Classifieds

By using and/or viewing this site you represent and warrant under Penalty of Perjury the following:

1. YOU AGREE TO USE THIS SITE AT YOUR OWN RISK. Caveat Emptor. Void where prohibited. Prices, Terms of Use, and Privacy Policy are subject to change without individual notice, but will always be reflected in their respective sections on NC Soup Free Classifieds.
2. You must be eighteen or over to register as a member of or use this site. Using this site is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement and that you are at least 18-years old.
3. That you will not permit any person(s) under 18 years of age (or in any other location where 18 is not the age of majority) to have access to any of the materials contained within this Site.
4. Content Posted on NC Soup Free Classifieds:
   A) NC Soup Free Classifieds claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this agreement is intended to waive, remove, or usurp such immunity. You understand and agree that NC Soup Free Classifieds may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment NC Soup Free Classifieds violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of NC Soup Free Classifieds. and/or its members.
   B) You are solely responsible for the content that you publish or display (hereinafter, "post" or "list") on NC Soup Free Classifieds, or transmit to other NC Soup Free Classifieds members/viewers.
   C) By posting content to any public area of NC Soup Free Classifieds, you automatically grant, and you represent and warrant that you have the right to grant, to NC Soup Free Classifieds and its members/viewers, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. For privacy terms, please refer to our Privacy Policy.
   D) NC Soup Free Classifieds will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the site or service and terminating the membership of such violators. The following is a partial list of the kind of content that is illegal or prohibited on the site - it includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender or identity, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or forums or instant messaging messages; pyramid schemes.
   E) You must use the NC Soup Free Classifieds service in a manner consistent with any and all applicable laws and regulations.
   
   *Partial List of PROHIBITED Items
   
   *Sexually-explicit, pornographic, and/or obscene material. Report any exploitation of minors to the FBI.
   *Weapons and anything related to a weapon in any way.
   *Fireworks, destructive devices or explosives.
   *Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia.
   *Alcohol or tobacco products.
   *Prescription drugs or medical devices.
   *Nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval.
   *Bodily fluids or body parts.
   *Household pets of any kind including but not limited to dogs, cats, primates, cage birds, rodents, reptiles, amphibians, fish. Re-homing with small adoption fee is NOT OK.
   *Pet animal parts, blood, or fluids - including but not limited to stud/breeding service
   *Restricted or regulated plants and insects, including but not limited to noxious weeds, endangered plant species, or live insects or pests.
   *Pesticides or hazardous substances, or items containing hazardous substances including but not limited to contaminated toys, or art or craft material containing toxic substances without a warning label.
   *Illegal telecommunications equipment, including but not limited to access cards, password sniffers, access card programmers and unloopers, or cable descramblers
   *Stolen property, or property with serial number removed or altered.
   *Burglary tools, including but not limited to lock-picks or motor vehicle master keys
   *False identification cards, items with police insignia, citizenship documents, or birth certificates.
   *Counterfeit currency, coins and stamps, tickets, as well as equipment designed to make them.
   *Counterfeit, replica, or knock-off brand name goods.
   *Material that infringes copyright, including but not limited to software or other digital goods you are not authorized to sell, warez, bootlegs (without consent of the band).
   *Airline tickets that restrict transfer, and tickets of any kind which you are not authorized to sell.
   *Coupons or gift cards that restrict transfer, and coupons or gift cards which you are not authorized to sell.
   *Gambling items, including but not limited to lottery tickets, sports trading card 'grab bags', raffle tickets, sweepstakes entries or slot machines.
   *Used or rebuilt batteries, or batteries containing mercury.
   *Used bedding and clothing, unless sanitized in accordance with law.
   *Non-packaged food items or adulterated food.
   *Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information
   
   F) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the NC Soup Free Classifieds site. 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 NC Soup Free Classifieds by our users or third parties.
   G) You will not transmit any chain letters or junk email to other NC Soup Free Classifieds members, NC Soup Free Classifieds cannot monitor the conduct of its members/viewers on or off the NC Soup Free Classifieds site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
5. Member Disputes: NC Soup Free Classifieds does not control the information provided by users that are made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using our site. You are solely responsible for your interactions with other NC Soup Free Classifieds members/viewers. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed, or used information on the NC Soup Free Classifieds site, you release NC Soup Free Classifieds, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." NC Soup Free Classifieds reserves the right, but has no obligation, to monitor disputes between you and other members.
6. Fees/Termination: NC Soup Free Classifieds's usage and/or subscription fees were provided to you upon registration and may change from time to time. NC Soup Free Classifieds reserves the right to terminate your access to the site for any reason or no reason. NC Soup Free Classifieds may terminate your membership upon sending notice to you at the email address you provide in your application for listing or such other email address as you may later provide to us. If NC Soup Free Classifieds terminates your membership in the NC Soup Free Classifieds service because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect, inclusive, of this Agreement.
7. Non-Commercial Use by Members/Viewers: This NC Soup Free Classifieds site is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavors, except for the commercial nature of the ad itself. You shall not use the NC Soup Free Classifieds service or site for sending unsolicited commercial e-mail to members, sending advertisements for other web sites and services in this site's chat rooms or forums, or using member personal identifying information for commercial purposes. Illegal and/or unauthorized uses of the site, including unauthorized framing of or linking to the site or the sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of membership at NC Soup Free Classifieds's sole discretion. In order to prevent the sending of unsolicited commercial email or chat messages to its members, NC Soup Free Classifieds may take reasonable steps, including the limiting of the numbers of emails or messages sent or received by a member and electronically filtering or throttling or terminating e-mail and chat messages at NC Soup Free Classifieds's sole discretion.
8. Proprietary Rights of Content on NC Soup Free Classifieds: NC Soup Free Classifieds owns and retains other proprietary rights in the NC Soup Free Classifieds site and the NC Soup Free Classifieds service. The site contains the copyrighted material, trademarks, and other proprietary information of NC Soup Free Classifieds, and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
9. Disclaimers: NC Soup Free Classifieds, including its officers, directors, agents, subsidiaries and employees is not responsible for any incorrect or inaccurate content posted on the site or in connection with the NC Soup Free Classifieds service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the NC Soup Free Classifieds service whether online or offline. NC Soup Free Classifieds assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or NC Soup Free Classifiedseration of, user and/or member communications. NC Soup Free Classifieds is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the NC Soup Free Classifieds site and/or in connection with the NC Soup Free Classifieds service. Under no circumstances will NC Soup Free Classifieds, be responsible for any loss or damage resulting from anyone's use of the site or the service and/or any content posted on the NC Soup Free Classifieds site or transmitted to NC Soup Free Classifieds members/viewers. The site and the service are provided "AS-IS" and NC Soup Free Classifieds expressly disclaims any warranty of fitness for a particular purpose or non-infringement. NC Soup Free Classifieds cannot guarantee and does not promise, express, or imply any specific results from use of the site and/or the NC Soup Free Classifieds service.
10. Limitation on Liability: Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will NC Soup Free Classifieds be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site or the NC Soup Free Classifieds service, even NC Soup Free Classifieds has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, NC Soup Free Classifieds's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to NC Soup Free Classifieds for the service during the term of membership.
11. Arbitration of Disputes: Any and all disputes arising out of or related to these Terms of Use and/or your relationship with NC Soup Free Classifieds and/or your use of this site shall be submitted to binding arbitration according to the rules of the American Arbitration Association. The parties to the arbitration shall evenly divide any and all costs of the arbitration. Neither party shall be entitled to attorney fees. All parties submit to exclusive jurisdiction in King County, Washington. The arbitration shall take place exclusively in King County, Washington and shall be governed by Washington law without regard to its conflict of law provisions.
12. Indemnity: You agree to indemnify and hold NC Soup Free Classifieds, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.

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