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Please read this Agreement carefully before accessing Iliamo.com.
As a condition to and in consideration of receiving and accessing
Iliamo.com, the User agrees to be bound by the terms of this
Agreement. Use of or access to Iliamo.com shall constitute acceptance
of and agreement to be bound by this Agreement. IF YOU DO NOT
WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS Iliamo.com.
If you have any questions about this Agreement, please contact
us via e-mail at mailto:service@iliamo.com.
Iliamo.com User Agreement
THIS USER AGREEMENT "Agreement" is entered into by
and between Eric Thomas Creations, Inc. d/b/a Iliamo and Iliamo.com
(hereinafter "Iliamo" or Illiamo Classifieds) and
any individual or entity who accesses or uses Iliamo.com (hereinafter
the "User" or "you").
Iliamo.com, which is provided without charge to you, is a World
Wide Web site on the Internet that is designed to allow users
to post classified ads and/or to view classifieds ads posted
by other users or interact with those users. Iliamo.com is owned
and operated by Iliamo. Iliamo.com contains or may contain information,
communications, opinions, text, graphics, links, electronic
art, animations, audio, video, software, photos, music, sounds
and other material and data (collectively, "Content")
formatted, organized and collected in a variety of forms that
are generally accessible to Users, including directories and
databases, and areas of Iliamo.com that can be modified by Users,
such as posting ads, uploading multimedia files, registering
user profiles, and creating Auto-Notify profiles ("Interactive
Areas").
1. User Rights and Responsibilities
1.1 Access to Iliamo.com.
You are responsible for providing all hardware, software, telephone
or other communications equipment and/or service to connect
to the Internet and access Iliamo.com and are responsible for
all Internet access charges, telephone charges or other fees
or charges incurred in connecting to the Internet and accessing
Iliamo.com.
1.2 User Conduct.
You agree to access and use Iliamo.com only for lawful purposes.
You are solely responsible for the knowledge of and adherence
to any and all laws, statutes, rules and regulations, pertaining
to (i) your use of Iliamo.com, including any Interactive Area,
(ii) the use of any networks or other services connected to
Iliamo.com, and (iii) the communications means by which you
connect your modem, computer, or other equipment to Iliamo.com.
By accessing Iliamo.com, you agree that you will not:
(1) restrict or inhibit any other user from using and enjoying
the Interactive Features;
(2) post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane, or indecent
information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability
or otherwise violate any local, state, national, or international
law;
(3) post or transmit any information, software, or other material
which violates or infringes in the rights of others, including
material which is an invasion of privacy or publicity rights
or which is protected by copyright, trademark or other proprietary
right, or derivative works with respect thereto, without first
obtaining permission from the owner or right holder.
(4) post or transmit any information, software or other material
which contains a virus or other harmful component;
(5) alter, damage or delete any Content or other communications
that are not your own Content or to otherwise interfere with
the ability of others to access Iliamo.com;
(6) disrupt the normal flow of communication in an Interactive
Area;
(7) claim a relationship with or to speak for any business,
association, institution or other organization for which you
are not authorized to claim such a relationship;
(8) violate any operating rule, policy or guideline of your
Internet access provider or online service.
In addition to it rights set forth in paragraph three (3) below,
Iliamo reserves the right to reject any or all submissions of
Conent by you to be posted to the Iliamo site.
2. Intellectual Property Rights
2.1 Iliamo.com content.
(a) You acknowledge that Content on Iliamo.com is generally
provided by Iliamo.com, individual contributors of Content ("Contributors"),
third party licensees, and/or other Users. You acknowledge that
Iliamo.com permits access to Content that is protected by copyrights,
trademarks, and other proprietary (including intellectual property)
rights ("Intellectual Property Rights"), and that
these Intellectual Property Rights are valid and protected in
all media existing now or later developed and except as is explicitly
provided below, your use of Content shall be governed by applicable
copyright and other intellectual property laws. You acknowledge
that Iliamo.com owns a copyright in the "look and feel,"
i.e., the selection, coordination, arrangement and presentation
of such Content.
(b) You may not modify, copy, reproduce, transmit, distribute,
publish, create derivative works from, display or otherwise
transfer or commercially exploit any of the Content, in whole
or in part, provided, however, that you may (i) make a reasonable
number of digital or other form of copies to permit your computer
hardware and software to access and view the Content, (ii) print
one copy of each piece of Content, (iii) make and distribute
a reasonable number of copies of Content, in whole or in part,
in hard copy or electronic form for internal use only. Any permitted
copies of Content must reproduce in an unmodified form any notices
contained in the Content, such as all Intellectual Property
Right notices, and an original source attribution to "Iliamo.com"
and its URL address. You acknowledge that Iliamo, its Contributors,
and/or Users remain the owners of the Content and that you do
not acquire any Intellectual Property Rights by downloading
or printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit,
post, publish, reproduce or distribute, on or through Iliamo.com
only Content that is not subject to any Intellectual Property
Rights, or Content in which any holder of Intellectual Property
Rights has given express authorization for distribution over
the Internet and on Iliamo.com, without restriction whatsoever.
Any Content submitted with the consent of a copyright owner
other than you should contain a phrase such as "Copyright
owned by [name of owner]; Used by Permission." By submitting
Content to any Interactive Area, you automatically grant and/or
warrant that the owner of such Content, whether it be You or
a third party, has expressly granted to Iliamo the royalty-free,
perpetual, irrevocable, non-exclusive, unrestricted, worldwide
right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, sublicense, distribute,
perform, and display such Content, in whole or in part, worldwide
and/or to incorporate it in other works in any form, media,
or technology now known or later developed for the full term
of any Intellectual Property Rights that may exist in such Content.
You also permit Iliamo to sublicense to third parties the unrestricted
right to exercise any of the foregoing rights granted with respect
to such Content. You also permit any User to access, view, store
and reproduce the Content for personal use.
3. Interactive Areas
You acknowledge that Iliamo.com may include various interactive
areas ("Interactive Areas"), including but not limited
to classified ads. These Interactive Areas allow feedback to
Iliamo.com and real-time interaction between users. You further
understand that Iliamo.com does not control the messages, information,
or files delivered to such Interactive Areas and that Iliamo.com
may offer you and other Users the capability of creating and
managing an Interactive Area. However, neither Iliamo, its parent,
subsidiary, or affiliate companies, or affiliates, nor their
respective directors, officers, employees and agents are responsible
for Content within any Interactive Area. Your use and/or management
of an Interactive Area will be governed by this Agreement and
any additional rules or operating procedures of any Interactive
Area established by you or another User, as applicable. You
recognize that Iliamo.com cannot, and does not intend to, screen
communications in advance. Moreover, because Iliamo.com encourages
open and candid communication in the Interactive Areas, Iliamo.com
cannot determine in advance the accuracy or conformance to this
Agreement of any Content transmitted in an Interactive Area.
Iliamo.com is not responsible for screening, policing, editing,
reviewing or monitoring any Content in an Interactive Area.
Notwithstanding the above, you agree that Iliamo.com has the
right to monitor any Interactive Area, from time to time and
to disclose any information as necessary to satisfy any law,
regulation or other governmental request, to operate the Interactive
Area, or to protect itself or other Users. If notified of Content
that is alleged not to conform to this Agreement, Iliamo.com
may investigate the allegation and determine in its sole discretion
whether to remove or request the User to remove such Content.
Iliamo.com reserves the right to prohibit conduct, communication
or Content within an Interactive Area, or to edit, refuse to
post, or to remove any Content, in whole or in part, which it
deems in its sole discretion to (i) violate the then-standard
provisions of this Agreement or any other standard or written
Iliamo.com policy in effect at that time, (ii) be harmful to
the rights of any User, Iliamo.com, or other third parties,
(iii) violate applicable law, or (iv) be otherwise objectionable.
4. Termination
The only right with respect to dissatisfaction with any policies,
guidelines, or practices of Iliamo.com in operating Iliamo.com,
or any change in Content, is for you to discontinue accessing
Iliamo.com. Iliamo.com may terminate or temporarily suspend
your access to all or any part of Iliamo.com, without notice,
for conduct that Iliamo.com believes is a violation of this
Agreement or any policies or guidelines posted by Iliamo.com,
or for other conduct which Iliamo.com believes, in its sole
discretion, is harmful to Iliamo.com or other Users. Iliamo.com
may discontinue operating Iliamo.com and terminate this Agreement
without notice at any time for any reason in its sole discretion.
In the event of termination, you are no longer authorized to
access Iliamo.com, including the Interactive Areas, and the
restrictions imposed on you with respect to Content downloaded
from Iliamo.com, as well as the disclaimers and limitations
of liabilities set forth in this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links. You understand that, except for Content,
products or services expressly available at or offered by Iliamo.com,
neither Iliamo.com, its parent, subsidiary or affiliate companies,
nor their respective directors, officers, employees, and agents
controls, provides, or is responsible for any Content, goods
or services available through sites on the Internet linked to
or from Iliamo.com. All such Content, goods and services are
made accessible on the Internet by independent third parties
and are not part of Iliamo.com or controlled by Iliamo.com.
Iliamo.com neither endorses nor is responsible for the accuracy,
completeness, usefulness, quality or availability of any Content,
goods or services available on any site linked to or from Iliamo.com,
which are the sole responsibility of such independent third
parties, and your use thereof is solely at your own risk. Neither
Iliamo.com, its parent, subsidiary or affiliate cpmpanies, nor
their respective directors, officers, employees, and agents
shall be held responsible or liable, directly or indirectly,
for any loss or damage caused or alleged to have been caused
by your use of or reliance on any Content, goods or services
available on any site linked to or from Iliamo.com or your inability
to access the Internet or any site linked to or from Iliamo.com.
5.2 Disclaimer of Warranties. Please use your best judgment
in evaluating all information contained or opinions expressed
on Iliamo.com. It is the policy of Iliamo.com not to endorse
or oppose any opinion expressed by a User or Content provided
by a User, Contributor, or other independent party. YOU EXPRESSLY
AGREE THAT YOUR USE OF Iliamo.com IS AT YOUR SOLE RISK. NEITHER
Iliamo.com NOR ANY OF ITS PARENT, SUBSIDIARY OR AFFILIATE ,
OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING
CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT Iliamo.com
OR ANY INTERNET SITE LINKED TO OR FROM Iliamo.com WILL BE UNINTERRUPTED
OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS
SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES
IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF Iliamo.com OR ANY INTERNET SITE
LINKED TO OR FROM Iliamo.com OR AS TO THE TIMELINESS, SEQUENCE,
ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT,
RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION,
SERVICE, OR TRANSACTION PROVIDED THROUGH Iliamo.com OR ANY SITE
LINKED TO OR FROM THE. Iliamo.com IS PROVIDED ON AN "AS
IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES
SHALL Iliamo.com, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES,
OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT,
Iliamo.com, OR ANY INTERNET SITE LINKED TO OR FROM Iliamo.com,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION,
ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL
SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE,
BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED
ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL Iliamo.com, ITS SUBSIDIARY AND
PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE
TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION
TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN Iliamo.com
OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO
OR FROM Iliamo.com. THE CONTENT WITHIN Iliamo.com AND THE CONTENT
WITHIN INTERNET SITES LINKED TO OR FROM Iliamo.com MAY INCLUDE
TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES
WILL BE INCORPORATED IN NEW VERSIONS OF Iliamo.com AND SPECIFICALLY
ARE INCLUDED IN THIS SECTION AGREEMENT. Iliamo.com AND ITS CONTRIBUTORS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME
AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Iliamo.com IS NOT
LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE
ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY
Iliamo.com SITE CONTENT, OR WITH THE USER AGREEMENT OF Iliamo.com,
IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING Iliamo.com.
6. Indemnity
You agree to indemnify and hold Iliamo.com, its parent or subsidiary
companies and their affiliates, and their respective directors,
officers, employees, and agents from any and all liabilities,
claims and expenses, including reasonable attorneys fees, arising
from breach of this Agreement, any other policy, your use or
access of Iliamo.com or any Internet site linked to or from
Iliamo.com, or in connection with the transmission of any Content
on Iliamo.com.
7. Miscellaneous
This Agreement comprises the entire agreement between Iliamo.com
and you, and supersedes any prior agreements with respect to
the subject matter herein. Iliamo.com may revise this Agreement
or any other policy at any time and from time to time, and such
revision shall be effective two (2) days upon posting notice
of such revision prominently on Iliamo.com. You agree to review
this Agreement periodically to be aware of such revisions. If
any such revision is unacceptable to you, you must discontinue
accessing Iliamo.com. Your continued accessing and use of Iliamo.com
following notice of any such revision shall conclusively be
deemed acceptance of all such revisions. The provisions of Sections
1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination
or expiration of this Agreement. If any provision of this Agreement
or any other policy be held invalid or unenforceable, that portion
shall be construed in accordance with applicable law as nearly
as possible to reflect the original intention of the parties
and the remaining portions will continue in full force and effect.
The failure of Iliamo.com to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as
a waiver of any provision or right. This Agreement shall be
governed by the laws of the state or province of domicile of
Iliamo.com, excluding its conflict of laws rules, and you and
Iliamo.com each submit to the exclusive jurisdiction of the
courts of that state or province. This Agreement is personal
to you and you may not assign your rights or obligations thereunder
to anyone. All logos, brand names, products, trademarks and
service marks appearing herein may be the trademarks or service
marks of their respective owners. References to any trademark,
service mark and links to or from Iliamo.com have been done
strictly for clarification and identification and does not constitute
endorsement by Iliamo.com of the products, services or information
offered by the owner of such trademark, service mark or link
or endorsement of Iliamo.com by such trademark, service mark
or link owner.
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