1. ACCEPTANCE OF TERMS
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion and at the discretion of the sales companies 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. You can find the most recent version of the ‘TOU’ at: http://www.ggtrader.com/site/terms-conditions
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (referred to hereafter as the ‘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 of Content that you post, email or otherwise make available via the Service. While the company takes great care in filtering ads You understand that the ‘Company’ does not control, and is not responsible for Content made available through the ‘Service’, and that by using the Service, you may be exposed to ‘Content’ that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the ‘Company’ site and ‘Content’ made available through the ‘Service’ may contain links to other websites, which are completely independent of the ‘Company’. The ‘Company’ 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 websites 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 the ‘Company’ 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 the ‘Company’ does not pre-screen or approve all ‘Content’, but that the ‘Company’ 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 violation of the ‘TOU’ or for any other reason the ‘Company’ believes the ‘Content’ to be inaccurate.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The ‘Company’ 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 the ‘Company’, 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 the ‘Company’ 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 the ‘Company’ is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release the ‘Company’, its officers, employees, their editors, servants or 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’.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify the ‘Company’ for notice of claims of copyright or other intellectual property infringement: email@example.com or:
GG Tradercorp Ltd
Units 1 & 2
Lipica Technology Park
Please provide our Agent with the following Notice:
- a) Identify the material on the craigslist site that you claim is infringing, with enough detail so that we may locate it on the website;
- b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- d) Your address, telephone number, and email address; and
- e) Your physical or electronic signature.
The ‘Company’ will remove the infringing posting(s), subject to the procedures outlined in the Copyright Acts.
6. PRIVACY AND INFORMATION DISCLOSURE
comply with legal process; enforce the ‘TOU’; respond to claims that any ‘Content’ violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of the ‘Company’, its users or the general public.
You agree not to post, email, or otherwise make available Content:
- a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of another's privacy, or is harmful to minors in any way;
- b) that is pornographic or depicts a human being engaged in actual sexual conduct, including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, 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;
- 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 in any notice or ad for the sale of any horse, a discriminatory preference based on race, colour, national origin, religion, sex, familial status or handicap (or violates any Local, National or International law prohibiting discrimination on the basis of these or other characteristics);
- e) that violates equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, colour, religion, sex, national origin, age, or disability.
- f) that impersonates any person or entity, including, but not limited to, a ‘Company’ employee, or falsely states or otherwise misrepresents your affiliation with a person or entity
- g) that includes personal or identifying information about another person without that person's explicit consent;
- h) that is false, deceptive, misleading, deceitful, , 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 ‘Company’ sites which are not designated for such purposes; or emailed to the ‘Company’ users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
- m) that includes links to commercial services or web sites, except as allowed in "services";
- 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’.
- q) All ads may be edited by the subscriber up until the time of expiration; any incorrect spelling is at the discretion of the subscriber to correct. Also, the subscriber may remove ads as the horses are sold; update photos and video links, pedigree etc.., up until the date of expiration.
Additionally, you agree not to:
- r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- 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 the Company;
- 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 or service in more than one classified category.
- x) attempt to gain unauthorized access to the ‘Company’ 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 ‘Company’ website; or
- y) use any form of automated device or computer program that enables the submission of postings on the ‘Company’ website 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.
8. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to ‘Company’ email addresses or through ‘Company, computer systems, is expressly prohibited by these Terms. Such violations may subject the sender and his or her agents to civil and criminal penalties.
9. PAID POSTINGS
We 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 and editing of ‘Content’ to the ‘Service’ is responsible for said Content and compliance with the ‘TOU’. All fees paid will be non-refundable in the event that ‘Content’ is removed from the ‘Service’ for violating the TOU.
10. LIMITATIONS ON SERVICE
You acknowledge that the ‘Company’ 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 the ‘Company’ has no responsibility or liability for the deletion or failure to store any ‘Content’ maintained or transmitted by the ‘Service’. You acknowledge that the ‘Company’ reserves the right at any time to modify or discontinue the ‘Service’ (or any part thereof) with or without notice, and that the ‘Company’ 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
The ‘Company’ 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’ of 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 the ‘Company’. 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 The ‘Company’ permits you to display on your webpage, or create a hyperlink on your webpage to individual postings on the Service so long as such use is for use in the display of horses online media). If the total number of such postings displayed or linked to on your webpage exceeds two (2) postings, your use will be presumed to be in violation of the ‘TOU’, absent express permission granted by The ‘Company’ to do so. You may also create a hyperlink to the home page of craigslist sites so long as the link does not portray The ‘Company’, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
The ‘Company’ offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. The ‘Company’ permits you to display, excerpt from, and link to the RSS feeds on your personal website, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, The ‘Company’ reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the ‘Service’ beyond the scope of authorized access granted to you by The ‘Company’ immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the ‘Service’ or any ‘Content’ made available via the ‘Servic’e for other purposes (including commercial purposes) not stated herein, you must first obtain a license from The ‘Company’.
12. TERMINATION OF SERVICE
You agree that The ‘Company’, 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 the ‘Company’ believes that you have acted inconsistently with the letter or spirit of the ‘TOU’. Further, you agree that The ‘Company’ 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 10 - 16 shall survive termination of the ‘TOU’.
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 the ‘Company’. You further agree not to reproduce, duplicate or copy ‘Content’ from the ‘Service’ without the express written consent of the ‘Company’, 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’. GG Trader.com GG Trader and GG Tradercorp Ltd are registered marks in the Patent and Trademark Office.
Although the ‘Company’ 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 The ‘Company’ 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 the ‘Company’ 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 ‘COMPANY’ SITE AND THE ‘SERVICE IS ENTIRELY AT YOUR OWN RISK.THE ‘COMPANY’ 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, THE ‘COMPANY’ DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ‘COMPANY’ SITE AND THE ‘SERVICE’. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ‘COMPANY’ DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ‘COMPANY’ SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE ‘COMPANY’ SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ‘COMPANY’ DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE ‘COMPANY’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 THE ‘COMPANY’ BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE ‘COMPANY’ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE ‘COMPANY’ SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE ‘COMPANY’ SITE OR THE SERVICE, FROM INABILITY TO USE THE ‘COMPANY’ SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ‘COMPANY’ 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 ‘COMPANY’ SITE OR THE SERVICE OR ANY LINKS ON THE COMPANY’ SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ‘COMPANY’ SITE OR THE SERVICE OR ANY LINKS ON THE ‘COMPANY’ 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.
You agree to indemnify and hold The ‘Company’, 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 ‘TOU’, your breach of any of the representations and warranties herein, or your violation of any rights of another.
17. GENERAL INFORMATION
The ‘TOU’ constitute the entire agreement between you and the ‘Company’ and govern your use of the ‘Service, superseding any prior agreements between you and the ‘Company’. The ‘TOU’ and the relationship between you and the ‘Company’ shall be governed by the laws of the Rep. Of Ireland without regard to its conflict of law provisions. You and the ‘Company’ agree to submit to the personal and exclusive jurisdiction of the courts located within the country. The failure of the ‘Company’ to exercise or enforce any right or provision of the ‘TOU’ shall not constitute a waiver of such right or provision. If any provision of the ‘TOU’ is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the ‘TOU’ 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 ‘TOU’ must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the ‘TOU’, by email to firstname.lastname@example.org
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 the ‘Company’ to pursue legal action to enforce these Terms, you will be liable to pay the ‘Company’ the following amounts as liquidated damages, which you accept as reasonable estimates of the ‘Company’ damages for the specified breaches of these Terms:
- 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 The ‘Company’ one thousand Euro (€1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
- b) If you send unsolicited email advertisements to craigslist email addresses or through The ‘Company’ computer systems, you agree to pay The ‘Company’ twenty five euro(€25) for each such email.
- c) If you post Content in violation of the ‘TOU’, other than as described above, you agree to pay The ‘Company’ one hundred euro (€100) for each Item of Content posted. In its sole discretion, The ‘Company’ may elect to issue a warning before assessing damages.
- d) If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without the ‘Company’ express written permission, you agree to pay The ‘Company’ three thousand dollars (€3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay The ‘Company’ actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, The ‘Company’ 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.
We welcome your questions and comments on this document to email@example.com