Terms of Use
Terms of Use
Welcome to our User Agreement, hearafter referred to as the 'Agreement'. This Agreement describes the terms and conditions applicable to your use of our services on our site. By using this site, you accept the terms and conditions of this Agreement.
We may amend this Agreement at any time by posting the amended terms on our site.
A. Eligibility for Membership. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services.
B. Fees. Becoming a registered user is free. Unless otherwise stated, all fees are in U.S. Dollars ($USD). You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur. We may, as we see fit add, delete or change some or all of our services at any time without notice.
C. We are only a Venue. Our site acts as the venue for news, classified advertising and promotions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchase of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense.
Because user authentication on the Internet is difficult, we cannot and do not confirm that each user is who they claim to be. Therefore, because you must be careful in dealing with other users to avoid fraud, we have established a user-initiated feedback system to help you evaluate who you are dealing with. We also encourage you to communicate directly with a trading partner to help you evaluate with whom you are dealing. Please practice safe trading. If you have any concerns about your trading partner, please consider the use of a third party escrow service or services that provide additional user verification.
Because we do not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more users, you release our agents 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.
By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution -- and common sense -- when using our site.
You will not send or post any material that is abusive, obscene, threatening or illegal. You agree not to defame individuals or organizations. Although we have no policy of censorship and do not preview postings by members, we reserve the right (but not the obligation) to delete any material that comes to our attention that violates these Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the content, including any reliance on the accuracy, completeness, or usefulness of such content.
Without limiting any other remedies, we may terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.
F. Your information. Your information includes any information you provide to us or other users during the registration, bidding or listing process, in any public area (including the feedback area) or through any email feature. With respect to this information:
1. You are solely responsible for your information, and we act as a passive conduit for your online distribution and publication of it. However, we may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
2. Your information and the sale of your item(s) on our site:
(a) shall not be fraudulent or involve the sale of counterfeit, stolen, contraband items; Sellers may not list prescription drugs or controlled substances or their components, including medications that contain pseudoephedrine or ephedrine. Pet and livestock medications that require a prescription from a licensed veterinarian also are not allowed. Listings that contain information purporting to facilitate transactions involving these types of substances also are not permitted.
(b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising);
(d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(e) shall not be obscene or contain child pornography or be harmful to minors;
(f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
(g) shall not link directly to or include descriptions of goods or services that:
H. System Integrity. You may not use any device, software or mechanism to interfere or attempt to interfere with the proper operation of our website. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
K. No Warranty. WE AND OUR SUPPLIER VENDORS PROVIDE THE WEBSITE AND OUR SERVICES 'AS IS' AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Your state may not allow the disclaimer of implied warranties, in which case the foresaid disclaimer would not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
L. Limit of Liability. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.Your state may not allow the limitation of liability, in which case this limitation would not apply to you.
M. General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.
N. No Agency. You and our company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
O. General. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 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. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Daily Journal Social Media Community Guidelines
The Daily Journal social media pages aim to foster an open dialogue with its followers and provide an online community where people can openly express themselves and interact with one another in a positive manner. The purpose of the Daily Journal ’s social media platforms is to keep readers updated on the latest news coverage, interest stories, and community events. Followers are encouraged to submit comments, questions, news tips and content ideas.
By engaging in conversation on Daily Journal social media pages, followers agree to all terms and conditions for the particular platform in which they are commenting as well as the Daily Journal Social Media Community Guidelines.
Followers also agree that comments and images they post to the Daily Journal social media pages may be used by the Daily Journal in print and on its websites, videos or social media pages, without further permission.
Daily Journal reserves the right to block, restrict access, and/or remove any postings at its sole discretion.
In particular, Daily Journal social media moderators will seek to remove any posts that contain the following:
• Abusive, defamatory and hateful speech
• Offensive racial, ethnic, or similar derogatory content
• Obscene or sexually explicit language
• Graphic or inappropriate images
• Fraudulent or deceptive comments
• Violation of any intellectual property rights, including copyrights, trade secrets, etc.
• Threats against any person, organization, or company
• Spam
If followers have any questions, comments, or ideas regarding content posted on the Daily Journal social media pages, they are urged to contact the Daily Journal staff via email [email protected].
