If using the site for personal reasons, you agree that JC is privately owned and operated by Jacksonville Classifieds. If you are using the site for a business, then the business agrees to the TOU.
All of our policies and rules with be referenced within this TOU document and you/the business will also agree to them.
LICENSE: Those in agreement with the TOU being of sufficient age/capacity to use JC and its TOU, and/or on behalf of a business this bringing the business into agreement of the TOU, you have a revocable, non-exclusive and limited license to use JC under the rules of the TOU; Any unlicensed use is against the TOU and is therefore unauthorized.
You will not distribute, license, sell, display, “frame”, make derivative work of JC content aside from your own personal/business postings. You agree that JC has full, sub-licensable and unlimited license to make, distribute, copy and display your content perpetually, irrevocably and internationally.
USE: Software and services which interact/interoperate with JC such as uploading/downloading, for the creation, access and use of an account, posting, emailing, searching or mobile use may not be used and you agree to this unless you have received a written agreement from JC.
Copy and collecting content from JC via any automated or manual means including robots and spiders etc or by hand) is not authorized and you agree to this.
Purposefully misleading posts or communication are prohibited as is unsolicited communication and the buying or selling of accounts and you agree to this.
This is deemed to be “Prohibited Content” (“PC”) and you agree not to post any PC when using JC.
You agree not to collect JC user data, abuse flagging/reporting processes or interfere with JC.
We may oversee, modify and change your access and use of your JC account at our discretion by such means as deleting, blocking, re-ranking, omitting, verifying or ending your account along with your access and license.
in such cases you agree a) that we are not liable for this change b) not to bypass the change c) nothing said nor action made by JC alters our right to moderate and make changes to your account.
LIQUIDATED DAMAGES: If any of the USE section is violated by yourself/the business, or else you support or benefit from others violating the USE section, you will both/all be liable to us for any liquidated damages for:
1) Collecting JC users personal and/or identifying data charged at $1 per infraction 2) misusing or publishing data from point 1 in relation to your use of JC and without the consent, written or otherwise, of said third party – $1000 per infraction 3) misrepresentation of your connection/affiliation with JC through your use of JC – $1000 per infraction 4) attempt to post or posting of “Prohibited content” and outlined in USE – $4 per infraction 5) attempt to post or posting of “Prohibited content” and outlined in USE in paid sections of JC – cost per infraction based on the section of JC being used/attempting to be used in an unauthorized manner 6) contacting email addresses attained from JC in an unsolicited manner – $25 per infraction 7) using JC user data in any unsolicited communications including but not limited to call, text – $5000 per text/call/other communication 8) creating a false, unlawful or misleading account on JC through the buying or selling of a JC account – $4 per infraction 9) abusing or attempts toward abuse of JC’s reporting/flagging processes – $1 per infraction 10) the sharing of software to enable violations of the USE sections of the TOU – $1000 per infraction 11) amassing, copying, reproducing, displaying, sharing or capitalizing on any JC content without the written content of JC – $3000 per day of infraction 12) accessing over one thousands JC pages within a 24 hour window – $0.25 per page over 1000 pages within those 24 hours 13) bypassing or the attempt to bypass JC’s moderation – $4 per infraction. You hereby agree that these amounts per infraction are a reasonable estimate of damages, are not a penalty and are not otherwise limiting on our option to recover more under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute).
Through this, you agree that repeated infractions USE as outlined above within the USE section will cause irreversible harm and entitle us to reasonable relief, in addition to monetary claims for damages caused.
FEES: you agree to us collecting fees from your account for fee-paying areas of the JC site and/or services Tax is in addition to said fees and fees are non-refundable including at our discretion in the case of removed, delayed or omitted posts and posts which have been re-categorized, re-ranked or moderated. You agree that we can reject any post.
DISCLAIMER & LIABILITY: To the full extent permitted by law, Jacksonville Classifieds Ltd., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“JC Entities”) (1) make no promises, warranties, or representations as to JC, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide JC on an “AS IS” and “AS AVAILABLE” basis and any risk of using JC is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with JC.
JC Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to JC, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
CLAIMS & INDEMNITY: Any claim, cause of action, demand, or dispute arising from or related to JC (“Claims”) will be governed by the internal laws of Florida, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Jacksonville, FL (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Jacksonville, FL; (2) indemnify and hold CL Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of JC; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
MISC: If you as a user are complying with any previously written licenses, you may access JC thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us and you, and our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it.
The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections stand alone and survive cessation of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations. If you reasonably believe content infringes your IP rights.
Questions? Email firstname.lastname@example.org.