cydewalk > policy > terms of use

 
CYDEWALK TERMS OF USE
 
 
1. ACCEPTANCE OF TERMS
 
cydewalk provides a collection of online resources, including classified
ads, forums, and various email services, (referred to hereafter as "the
Service") subject to the following Terms of Use ("Terms"). By using the Service 
in any way, you are agreeing to comply with these Terms. In addition, when using 
particular cydewalk services, you agree to abide by any applicable posted 
guidelines for all cydewalk services, which may change from time to time. 
Should you object to any term or condition of these Terms, any guidelines, 
or any subsequent modifications thereto or become dissatisfied with cydewalk 
in any way, your only recourse is to immediately discontinue use of cydewalk.
 
 
2. MODIFICATIONS TO THIS AGREEMENT
 
We reserve the right, at our sole discretion, 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 these Terms at:
 
http://www.cydewalk.org/about/terms.of.use.html 
 
 
3. CONTENT
 
You understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("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 all Content that you post, email or otherwise make
available via the Service. You understand that cydewalk 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 cydewalk site and Content available through the Service may contain
links to other websites, which are completely independent of cydewalk.
cydewalk 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 webites 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
cydewalk 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 cydewalk 
does not pre-screen or approve Content, but that cydewalk 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 violating the 
letter or spirit of the Terms or for any other reason.
 
 
4. THIRD PARTY CONTENT, SITES, AND SERVICES
 
The cydewalk 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 cydewalk, 
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 cydewalk 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 cydewalk is under no obligation to 
become involved. In the event that you have a dispute with one or more other 
users, you hereby release cydewalk, its officers, employees, 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. If you are a California resident, you 
waive California Civil Code Section 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." 
 
 
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 cydewalk's agent for notice of claims of
copyright or other intellectual property infringement ("Agent"), at
 
abuse@cydewalk.com
 
or:
 
Copyright Agent
cydewalk
 
 
Please provide our Agent with the following Notice:
 
a) Identify the material on the cydewalk 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.
 
cydewalk will remove the infringing posting(s), subject to the the procedures
outlined in the Digital Millenium Copyright Act (DMCA).
 
 
6. PRIVACY AND INFORMATION DISCLOSURE
 
cydewalk has established a Privacy Policy to explain to users how their
information is collected and used, which is located at the following web 
address: http://www.cydewalk.org/policy.html
 
Your use of the cydewalk website or the Service signifies acknowledgement of 
and agreement to our Privacy Policy. You further acknowledge and agree that 
cydewalk may, in its sole discretion, preserve or disclose your Content, 
as well as your information, such as email addresses, IP addresses, timestamps, 
and other user information, if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to:
comply with legal process; enforce these Terms; 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 harrassment; 
protect the rights, property, or personal safety of cydewalk, its users or 
the general public.  
 
 
7. CONDUCT
 
You agree not to post, email, or otherwise make available Content:
 
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, 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 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); 
 
e) that impersonates any person or entity, including, but not limited to, a
cydewalk 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.);
 
f) that includes personal or identifying information about another person
without that person's explicit consent;
 
g) that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";
 
h) 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;
 
i) that constitutes or contains "affiliate marketing," "link referral code," 
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited 
commercial advertisement;
 
j) that constitutes or contains any form of advertising or solicitation if:
posted in areas of the cydewalk sites which are not designated for such 
purposes; or emailed to cydewalk users who have not indicated in writing that 
it is ok to contact them about other services, products or commercial interests.
 
k) that includes links to commercial services or web sites, except as allowed
in "services";
 
l) that advertises any illegal service or the sale of any items the sale of
which is prohibited or restricted by any applicable law, including without
limitation items the sale of which is prohibited or regulated by California 
law. A partial list of prohibited items for sale and prohibited services 
offered is provided at the following web address for your 
convenience: http://cydewalk.org/about/prohibited.items.html
 
m) 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;
 
n) 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
 
o) that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.
 
Additionally, you agree not to:
 
p) contact anyone who has asked not to be contacted;
 
q) "stalk" or otherwise harrass anyone;
 
r) collect personal data about other users for commercial or unlawful
purposes;
 
s) use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - unless expressly
permitted by cydewalk;
 
t) 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;
 
u) post the same item or service in more than one classified category or
forum, or in more than one metropolitan area;
 
v) attempt to gain unauthorized access to cydewalk'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
cydewalk website; or
 
w) use any form of automated device or computer program that enables the 
submission of postings on cydewalk 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
cydewalk email addresses or through cydewalk computer systems, which is
expressly prohibited by these Terms, will use or cause to be used servers
located in California. Any unauthorized use of cydewalk computer systems
is a violation of these Terms and certain federal and state laws, including
without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et
seq.), Section 502 of the California Penal Code and Section 17538.45 of the
California Business and Professions Code. Such violations may subject the
sender and his or her agents to civil and criminal penalties.
 
 
9. LIMITATIONS ON SERVICE
 
You acknowledge that cydewalk 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 cydewalk
has no responsibility or liability for the deletion or failure to store any
Content maintained or transmitted by the Service. You acknowledge that
cydewalk reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that cydewalk
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
 
 
10. ACCESS TO THE SERVICE
 
cydewalk grants you a limited, revocable, nonexclusive license to access 
the Service for your own personal use. This license does not include 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 cydewalk. 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. "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.
 
cydewalk permits you to display on your website, or create a hyperlink
on your website to, individual postings on the Service so long as such use
is for noncommercial and/or news reporting purposes only (e.g., for use in
personal web blogs or personal online media). If the total number of such
postings displayed or linked to on your website exceeds one hundred (100)
postings, your use will be presumed to be in violation of these Terms,
absent express permission granted by cydewalk to do so. You may also
create a hyperlink to the home page of cydewalk sites so long as the
link does not portray cydewalk, its employees, or its affiliates in a
false, misleading, derogatory, or otherwise offensive matter.
 
cydewalk 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. cydewalk permits you to
display, excerpt from, and link to the RSS feeds on your personal website
or personal web blog, provided that (a) your use of the RSS feed is for
personal, non-commercial purposes only, (b) each title is correctly linked
back to the original post on the Service and redirects the user to the
post when the user clicks on it, (c) you provide, adjacent to the RSS
feed, proper attribution to 'cydewalk' as the source, (d) your use or
display does not suggest that cydewalk promotes or endorses any third
party causes, ideas, web sites, products or services, (e) you do not
redistribute the RSS feed, and (f) your use does not overburden
cydewalk's systems. cydewalk 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
cydewalk immediately terminates said permission or license. In order to
collect, aggregate, copy, duplicate, display or make derivative use of the
the Service or any Content made available via the Service for other
purposes (including commercial purposes) not stated herein, you must first
obtain a license from cydewalk.
 
 
11. TERMINATION OF SERVICE
 
You agree that cydewalk, 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 cydewalk believes that you have acted inconsistently with the letter or
spirit of the Terms. Further, you agree that cydewalk 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 these Terms.
 
 
12. 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 cydewalk. You further agree not to reproduce, 
duplicate or copy Content from the Service without the express written 
consent of cydewalk, 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. CYDEWALK is a registered mark in the U.S. Patent 
and Trademark Office.
 
Although cydewalk 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
cydewalk 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 cydewalk 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.
 
 
13. DISCLAIMER OF WARRANTIES
 
YOU AGREE THAT USE OF THE CYDEWALK SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE CYDEWALK 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,
CYDEWALK DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE CYDEWALK SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CYDEWALK DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
CYDEWALK SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON
THE CYDEWALK SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CYDEWALK
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE CYDEWALK 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.
 
 
14. LIMITATIONS OF LIABILITY
 
UNDER NO CIRCUMSTANCES SHALL CYDEWALK BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CYDEWALK
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE CYDEWALK SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE CYDEWALK SITE OR THE SERVICE, FROM
INABILITY TO USE THE CYDEWALK SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE CYDEWALK 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 CYDEWALK SITE OR THE SERVICE OR ANY
LINKS ON THE CYDEWALK SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CYDEWALK SITE
OR THE SERVICE OR ANY LINKS ON THE CYDEWALK 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.
 
 
15. INDEMNITY
 
You agree to indemnify and hold cydewalk, 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 Terms, your
breach of any of the representations and warranties herein, or your
violation of any rights of another.
 
 
16. GENERAL INFORMATION
 
The Terms constitute the entire agreement between you and cydewalk and
govern your use of the Service, superseding any prior agreements between you
and cydewalk. The Terms and the relationship between you and cydewalk
shall be governed by the laws of the State of California without regard to
its conflict of law provisions. You and cydewalk agree to submit to the
personal and exclusive jurisdiction of the courts located within the county
of San Francisco, California. The failure of cydewalk 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.
 
 
 
 
17. FEEDBACK
 
We welcome your questions and comments on this document:
 http://forums.cydewalk.org/?forumID=8