PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY. By using the Service (as defined below), you are agreeing to comply with these Terms. You should check these terms and conditions periodically for any changes. BY USING THIS SITE AFTER WE POST ANY CHANGES TO THESE TERMS AND CONDITIONS, YOU AGREE TO ACCEPT THOSE CHANGES. Should you object to any term or condition of these Terms, or become dissatisfied with Communitey in any way, your only recourse is to immediately discontinue use of Communitey. .
2. SCOPE OF TERMS AND CONDITIONS
This site, www.communitey.net, and any and all sites that we may own and operate in the future is owned by QCP Media, LLC ("Site", "Communitey", "we" or "our"). Communitey provides a collection of online resources, including business profiles, member profiles, classified ads, forums, and various email services, (referred to hereafter as "the Service") subject to the terms and conditions set forth herein ("Terms"). In addition, when using particular Communitey services, you agree to abide by any applicable posted guidelines for all Communitey Services, if any, which may change from time to time.
3. THIRD PARTY CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked to from the Service not provided by us ("Third Party Content"), are the sole responsibility of the individual or entity from whom such Third Party Content originated. The poster of such Third Party content is entirely responsible for all Third Party Content posted, emailed or otherwise made available via the Service. You understand that Communitey does not control, and is not responsible for Third Party Content made available through the Service.
Communitey and Third Party Content available through the Service may contain links to other websites, which are completely independent of Communitey. Communitey makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site to which we or Third Party Content providers link. We encourage you to read the terms and conditions associated with any third party site to which you link from Communitey.
A user may not post material that is libelous, defamatory, obscene, abusive, invades a person's privacy, violates any intellectual property rights, or that would otherwise violate any law. You may not post material known to be false. You may not post or transmit any information, software, or other material that contains a virus or other harmful component. By using the Service, you acknowledge that you may be exposed to Third Party Content that is inaccurate, misleading, or otherwise objectionable.
You acknowledge that Communitey does not pre-screen or approve Third Party Content, but that Communitey shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any Third Party Content that we consider infringing, abusive, defamatory, objectionable or otherwise offensive at any time without consent or notice. Whether or not we remove or modify such Third Party Content, a user remains solely responsible for the content of their posting.
4. UTILIZING THIRD PARTY CONTENT, SITES, AND SERVICES AT YOUR OWN RISK
Your interactions with organizations 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 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 neither Communitey nor its Partner Organizations, shall 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 users of this site, or between users and any third party, you understand and agree that neither Communitey nor its Partner Organizations are under any obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Communitey, its officers, directors and advisory committees, employees, agents, successors, and our Partner Organizations from any 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.
5. COPYRIGHT CLAIMS
If you believe that your copyright in any material has been infringed by Communitey or any Third Party Content, please contact us at:
Copyright Agent for Notice
QCP Media, LLC
P.O. Box 671721
Marietta, GA 30006-0029
6. PRIVACY AND INFORMATION DISCLOSURE
Communitey has established a Privacy Policy to explain to users how their information is collected and used. Please read our Privacy Policy at www.communitey.net.
As a user of the Service, you agree not to share your password nor allow others to access the Service with your password. You agree not to reproduce or distribute data found on the Site without written prior consent.
7. CONDUCT
You agree not to post, email, phone, US mail, or otherwise make available Third Party Content:
that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
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;
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);
that impersonates any person or entity, including, but not limited to, a Communitey or Partner Organization employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);
that includes personal or identifying information about another person without that person's explicit written consent;
that is false, deceptive, misleading, deceitful, misinformation, or constitutes "bait and switch";
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
that provides access to Third Party Content or other third party materials that you do not have a right to make available under any law or under contractual or fiduciary relationships;
that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the Communitey sites which are not designated for such purposes; or (2) emailed, mailed, or telephoned to Communitey users who have not indicated in writing their agreement to be contacted using such methods regarding services, products or commercial interests.
that includes links to commercial services or web sites not specifically allowed in Section 3 entitled "Third Party Content" above or by such third party service or website;
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;
that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Third Party Content transmitted through the Service.
Additionally, you agree not to:
contact anyone who has asked not to be contacted;
"stalk" or otherwise harass anyone;
collect personal data about other users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service;
post non-local or otherwise irrelevant Third Party Content, repeatedly post the same or similar Third Party Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
attempt to gain unauthorized access to Communitey'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 Communitey website;
use any form of automated device or computer program that enables the submission of postings on Communitey 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; or
act in violation of any law.
8. LIMITATIONS ON SERVICE
You acknowledge that Communitey may establish limits concerning use of the Service, including the maximum number of days that Third Party Content will be retained by the Service, the maximum number and size of postings, email messages, or other Third Party Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Communitey has no responsibility or liability for the deletion or failure to store any Third Party Content maintained or transmitted by the Service. You acknowledge that Communitey reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Communitey shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. ACCESS TO THE SERVICE
Communitey grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include any rights to collection, aggregation, copying, duplication, display or derivative use of the Service nor grant any rights to use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Communitey.
Use of the Service beyond the scope of authorized access granted to you by Communitey immediately terminates your rights to use the Service. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Third Party Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Communitey. A limited exception 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 that is available for download here - Robots.txt. "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.
10. LINKING TO THE SITE
You may create a hyperlink to the home page of Communitey so long as the link does not portray Communitey, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. You agree not to:
create frames around the Site or use or otherwise alter the Site's visual presentation;
imply that Communitey is endorsing you or your products and services;
imply an affiliation between you and the Site without our prior written consent;
present false or misleading impressions about your products and services; or
contain materials that may be interpreted as distasteful or offensive.
In establishing links, you must not represent in any way, expressly or by implication that you have received the endorsement, sponsorship, or support of the Site. you agree to remove any link you have to the Site upon our request.
11. TERMINATION OF SERVICE
The fees you paid to access the Service are non-refundable. Whether your access to the Service is terminated by you or by us, you will not be entitled to a refund of any fees paid. You agree that Communitey, and its Partner Organization, 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 Third Party Content posted by you within the Service, for any reason, including, without limitation, if Communitey believes that you have acted inconsistently with the letter or spirit of the Terms. You agree that Communitey, and its Partner Organizations, 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. In addition, there will be no obligation to return fees paid to Communitey for fee-based Services and Communitey will not return fees paid.
12. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by law. You may not reproduce, modify, create derivative works of, or redistribute any portion of the Site without the express written consent of Communitey. You further agree not to reproduce, duplicate or copy Third Party Content from the Service without the express written consent of Communitey, and agree to abide by any and all proprietary notices displayed on the Service. You may not 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 Communitey does not claim ownership of content that its users post, by posting Third Party Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Communitey an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, modify, and distribute said Third Party Content and to prepare derivative works of, or incorporate into other works, said Third Party 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 Communitey all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third Party Content on the Service by any party for any purpose.
13. DISCLAIMER OF WARRANTIES
THE SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER COMMUNITEY NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE FUNCTIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT US OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF USE OF THE SITE.
WE DO NOT WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. WE ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
14. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF 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. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR AFFILIATES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.00.
15. INDEMNITY
You agree to indemnify and hold Communitey, its officers, subsidiaries, affiliates, successors, assigns, directors, Partner Organizations, advisory committee, 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 Third Party Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
16. AGE REQUIREMENT
You must be eighteen years of age or older to register as a member of Communitey or use the Site. If you are under the age of 18, you are not allowed to register and become a member of the Site or access the Site content, features and services. Membership in the Service is void where prohibited. By using the Web site, you represent and warrant that you agree to and to abide by all of the terms and conditions of these Terms. In the event we discover you are under age 18, Communitey may terminate your membership at any time, without refund.
17. FORUM/BLOG RULES
We reserve the right to remove any post or user from our forums and blogs. When posts are deleted, it's usually because they violate one or more of our rules. Repeated violation of these rules may result in the suspension of your posting privileges.
The following is a list of the Communitey message board rules. You agree not to do any of the following:
Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language or images); or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;
Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any forum for commercial purposes of any kind;
Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;
Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," or any of those terms commonly understood and used on the Internet;
Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any Forum.
18. VIOLATION OF TERMS
Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to:
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 agree to indemnify us as set forth in Section 15, "Indemnity". In the event your actions cause direct harm to Communitey, you agree to pay Communitey’s actual damages and any other damages awarded to us by a court. Notwithstanding any other provision of these Terms, Communitey retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof. Communitey reserves the right to permanently terminate your access to the Service for violation of these terms, in its sole discretion.
19. GENERAL INFORMATION
These Terms constitute the entire agreement between you and Communitey and govern your use of the Service, superseding any prior agreements between you and Communitey. These Terms and the relationship between you and Communitey shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and Communitey agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cobb County, Georgia. The failure of Communitey to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms 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 Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
