|
1. ACCEPTANCE OF TERMS Welcome to ILandhop.com (hereinafter “ILandhop”), a website that provides a collection of online resources, including classified ads, newsletters, forums, calendars, and various email services and messaging or communication facilities designed to enable you to communicate with the public at large or with a group, (collectively "the Service") subject to the following Terms of Use ("Terms"). By using the Service in any way, you are expressly agreeing to be bound by these Terms whether you are a “Visitor” (which means you simply browse ILandhop) or you are a “Member” (which means you have registered with ILandhop.) The term “User” means a Visitor or a Member.
In addition, you are only authorized to access ILandhop or use the material and Services contained on ILandhop (regardless of whether your access or use is intended) if you agree to comply with all applicable laws, and with any and all applicable posted guidelines for all ILandhop services, which may change from time to time. Should you object to any part of these term or condition contained in ILandhop or any subsequent modifications thereto or become dissatisfied with ILandhop or the Services in any way, your only recourse is to immediately discontinue use of ILandhop and the Services.
2. MODIFICATIONS TO THIS AGREEMENT We reserve the right, at our sole discretion, to change, modify or otherwise alter the Terms and conditions without notice at any time. Such modifications shall become effective immediately upon the posting thereof and you agree to be bound by such modifications. You must review these Terms on a regular basis to keep yourself apprised of any changes. You can find the most recent version of these Terms at:
http://www.ILandhop.com/termsofuse
3. CONTENT You understand that all postings, advertisements, 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. All Content will originate from third parties and bot ILandhop unless expressly stated, and ILandhop makes no representations that any such Content will do or provide what it purports to do or provide. More specifically, you are entirely responsible for all Content that you post, upload, email or otherwise make available via the Service. You understand that ILandhop 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. The equipment you use to utilize this Service may be negatively affected by the use of the Services, through viruses, Trojan horses, spyware and other means ("Viruses") even to the point of rendering suchequipment unusuable. You expressly recognize that ILandhop does not offer, and should not be construed as offering, any protection from such viruses. ILandhop may remove any form of cursing contained in the Content with an ILandhop swear filter application if and to the extent you do not otherwise opt out of such filter. ILandhop assumes no responsibility for monitoring Content. If at any time ILandhop chooses, in its sole discretion, to monitor Services, ILandhop nevertheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any Content.
Furthermore, the ILandhop site and Content available through the Service may contain links to other websites, which are completely independent of ILandhop. ILandhop makes no representation or warranty of any kind, whether express or implied, as to the accuracy, completeness, fitness for a particular purpose 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 ILandhop 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 regardless of whether the possibility of such loss or damage was advised. You acknowledge that ILandhop does not pre-screen or approve Content, but that ILandhop 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. You agree that ILandhop accepts no liability whatsoever if it determines to prevent your Content from being submitted or if it edits, restricts or removes your Content.
If you are interested in creating hypertext links to ILandhop, you must contact hypertext@ILandhop.com before doing so. The establishment of any hypertext links, does not create, expressly, by implication or by construction an endorsement, sponsorship or support of ILandhop of such hypertext or any content thereof. You expressly agree not to represent, in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of ILandhop, including its respective employees, agents, directors, officers and shareholders.
If ILandhop provides links or pointers to other websites, no inference or assumption should be made and no representation should be implied that ILandhop is connected with or operates or controls these web sites. No implied representations will be created simply by ILandhop offering such Services.
4. THIRD PARTY CONTENT, SITES, AND SERVICES The ILandhop 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 ILandhop, 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 ILandhop 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 ILandhop is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you hereby release ILandhop, 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.
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 ILandhop's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at
abuse@ILandhop.com
Please provide ILandhop with the following Notice:
 |
Identify the material on the ILandhop site that you claim is infringing, with enough detail so that we may locate it on the website;
|
 |
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;
|
 |
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;
|
 |
Your address, telephone number, and email address; and
|
 |
Your physical or electronic signature.
|
ILandhop will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE ILandhop 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.ILandhop.com/privacypolicy
Your use of the ILandhop website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that ILandhop 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 harassment; protect the rights, property, or personal safety of ILandhop, its users or the general public.
7. CONDUCT You are responsible to maintain the confidentiality of your User ID and Password. You agree to notify ILandhop of any unauthorized use of your account registration. Please contact info@ILandhop.com to report misuse of your account registration information.
You agree not to post, email, or otherwise make available Content:
 |
that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way or that solicits personal information from anyone under 18;
|
 |
that is obscene, harmful to minors, 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;
|
 |
that harasses, degrades, intimidates, discriminates 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, an ILandhop 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 consent;
|
 |
that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
|
 |
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;
|
 |
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: posted in areas of the ILandhop sites which are not designated for such purposes; or emailed to ILandhop users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
|
 |
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 New York law.
|
 |
that constitutes an upload of files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
|
 |
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 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 - unless expressly permitted by ILandhop;
|
 |
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;
|
 |
post the same item or service in more than one classified category or forum or in more than one country;
|
 |
attempt to gain unauthorized access to ILandhop'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 ILandhop website; or
|
 |
use any form of automated device or computer program that enables the submission of postings on ILandhop 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.
|
 |
carry out an automated use of the system.
|
 |
attempt to or impersonate another User or person;
|
 |
use the account, username or password of another Member at any time or disclose your password to any third party or permit any third party to access your account.
|
 |
sell or otherwise transfer your profile.
|
 |
cover or obscure the banner or any other form of advertisement or any ILandhop page via HTML/CSS or any other means;
|
 |
further or promote any criminal activity or enterprise or provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, selling or purchasing narcotics.
|
 |
interfere with, disrupt or create an undue burden on ILandhop or the networks or services connected to ILandhop.
|
8. NO SPAM POLICY You understand and agree that sending unsolicited email advertisements to ILandhop email addresses or through ILandhop computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers used by ILandhop. Any unauthorized use of ILandhop computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
9. LIMITATIONS ON SERVICE ou acknowledge that ILandhop 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 ILandhop has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that ILandhop reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that ILandhop 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 ILandhop 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 ILandhop. 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, vacationing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
ILandhop 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 fifty (50) postings, your use will be presumed to be in violation of these Terms, absent express permission granted by ILandhop to do so. You may also create a hyperlink to the home page of ILandhop sites so long as the link does not portray ILandhop, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
ILandhop 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. ILandhop permits you to display, excerpts from, and links 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 'ILandhop' as the source, (d) your use or display does not suggest that ILandhop 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 ILandhop's systems. ILandhop 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 ILandhop 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 Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from ILandhop.
11. TERMINATION OF SERVICE You agree that ILandhop, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account and membership, 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 ILandhop believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that ILandhop 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 ILandhop. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of ILandhop, 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.
Although ILandhop 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 ILandhop an irrevocable, perpetual, non-exclusive, fully paid and royalty-free, worldwide license to use, copy, adapt, transmit, translate, distribute, publicly perform, publicly display, and modify 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 and to publish your name in connection with your posting. Furthermore, by posting Content to any public area of the Service, you automatically grant ILandhop 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.
Notwithstanding the foregoing, a back-up or residual copy of the Content may remain on servers used by ILandhop after you have removed such Content from ILandhop and ILandhop retains the rights to those copies. You represent and warrant that: (i) you own the Content posted by you on ILandhop or otherwise have the right to grant the license set forth in this section, (II) your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Content you post on ILandhop.
13. DISCLAIMER OF WARRANTIES YOU AGREE THAT USE OF THE ILANDHOP SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE ILANDHOP 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, ILANDHOP DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ILANDHOP SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, ILANDHOP DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ILANDHOP SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE ILANDHOP SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ILANDHOP DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE ILANDHOP 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 ILANDHOP BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ILANDHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE ILANDHOP SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE ILANDHOP SITE OR THE SERVICE, FROM INABILITY TO USE THE ILANDHOP SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ILANDHOP 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 ILANDHOP SITE OR THE SERVICE OR ANY LINKS ON THE ILANDHOP SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ILANDHOP SITE OR THE SERVICE OR ANY LINKS ON THE ILANDHOP 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 ILandhop, 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 ILandhop and govern your use of the Service, superseding any prior agreements between you and ILandhop. The Terms and the relationship between you and ILandhop shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and ILandhop agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kings, New York. The failure of ILandhop 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. VIOLATION OF TERMS AND LIQUIDATED DAMAGES Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to:
abuse@ILandhop.com
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 ILandhop to pursue legal action to enforce these Terms, you will be liable to pay ILandhop the following amounts as liquidated damages, which you accept as reasonable estimates of ILandhop’s damages for the specified breaches of these Terms:
 |
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 ILandhop one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
|
 |
If ILandhop establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay ILandhop one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access ILandhop in excess of such limits, whichever is higher.
|
 |
If you send unsolicited email advertisements to ILandhop email addresses or through ILandhop computer systems, you agree to pay ILandhop twenty five dollars ($25) for each such email.
|
 |
If you post messages in violation of these Terms of Use, other than as described above, you agree to pay ILandhop one hundred dollars ($100) for each such message. In its sole discretion, ILandhop may elect to issue a warning before assessing damages.
|
 |
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 ILandhop's express written permission, you agree to pay ILandhop three thousand dollars ($3,000) for each day on which you engage in such conduct.
|
Otherwise, you agree to pay ILandhop's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, ILandhop 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.
|