The effective date of this Agreement is January 21, 2008.
Changes to this Agreement
1. Krause reserves the right, in its sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the web site. Your continued use of the web site and related services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the web site if you do not agree to be bound by the revised terms and conditions.
General Use, Registration and User Accounts
2. This web site and related services are intended only for use by those 13 years of age or older. If you are not 13 or older, you cannot use this site without the accompaniment and supervision of your parent or legal guardian. Note that certain areas of this web site and related services, such as the Online Classified Advertising Solution, are intended only for use by those 18 years of age or older and of the age of majority in the jurisdiction in which they reside. These areas have additional terms and conditions governing their use, as noted below.
3. Krause grants you a limited, nonexclusive and revocable license to make personal and non-commercial use of the site. This license does not include the right to modify, reproduce, copy or resell any of the content of the Krause web site; to download or copy any user’s account information for the benefit of another party; to bypass any technical measures used to prevent or restrict access to any portion of the web site; to use any data mining, robots, or similar automated data gathering and extraction tools to access the Krause web site; to violate or attempt to violate the security of the web site, or to interfere with or attempt to interfere with the proper working of the Krause web site. You agree to use this web site only for lawful purposes and in accordance with the terms and conditions contained herein.
4. Before you can make use of certain services associated with this web site, you must register as a user and create a user account. You agree and warrant that all information you provide to Krause through this web site, including but not limited to any contact information and other registration information for your account, is truthful and accurate. You further agree to maintain the accuracy of your account information and to inform Krause promptly of any changes to your account information, including but not limited to any changes to your e-mail address.
5. You agree to accept responsibility for all activities that occur under your account. You agree not to disclose your account password to others, and you agree to notify Krause immediately of any unauthorized use of your account. Krause is not responsible for nor liable for any loss or other injury you may incur as a result of someone else using your user account or password, either with or without your knowledge.
6. By creating an account with Krause, you consent to receive communications from us electronically via the e-mail address associated with your account. Although you can opt not to receive promotional messages, Krause retains the right to send you informational email messages about your account or administrative notices regarding the site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.). You agree that any and all communications sent to you electronically via the e-mail address associated with your account satisfy any legal requirement that such communications be in writing.
7. You acknowledge that your use of the Krause web site is at Krause discretion, and your license to use the web site may be terminated by Krause at any time. Krause reserves the right, at its sole discretion, to refuse service, to terminate any user’s account, and to alter or delete any material submitted to the web site through the user’s account.
Submission of Content and User Activity
9. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Krause, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the web site or any associated services.
10. You hereby expressly grant to Krause a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense or otherwise distribute and display the Content for any reason and in any manner it chooses, including for promotional and advertising purposes, alone or as a part of other works, in any form, medium or technology now known or later developed, and you waive all moral rights in all such Content.
11. You represent and warrant that you own or otherwise control all the rights to any Content you post or submit to the web site, that use of the information or content you post or submit does not violate the intellectual property rights of any third parties, and that use of the information or content you post or submit will not cause injury to any person or entity. You agree that you will indemnify Krause or its affiliates for all claims resulting from or related to Content you post or submit. You further represent and warrant that any Content you post or submit to the web site will not contain libelous or otherwise unlawful, threatening, abusive or obscene material; will not contain software viruses or other harmful devices, and will not be part of any mass mailing or other form of spam. In line with, and without limiting, the foregoing, you specifically agree that you will not:
a. post, submit, transmit, or provide links to any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity, or otherwise use the web site and any associated services to violate any applicable local, state, federal or international law or regulation having the force of law;
b. post, submit, transmit, or provide links to any Content that could be considered harmful, pornographic, obscene, indecent, lewd, vulgar, profane, violent, abusive, threatening, insulting, harassing, hateful, tortious, or otherwise objectionable;
c. post, submit, transmit, or provide links to any Content that harasses, victimizes, degrades, or intimidates an individual or group or individuals on the basis of religion, race, ethnicity, age, gender, sexual orientation, or disability;
d. post, submit, transmit, or provide links to Content that contains defamatory, false or libelous material;
e. post, submit, transmit, or provide links to any Content that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, trade secrets, rights to privacy, rights of publicity, or other proprietary rights;
f. post, submit, transmit, or provide links to any Content that you do not have a right to make available under law or under a contractual or fiduciary relationship (including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
g. post, submit, transmit or provide any links to any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, surveys, contests, or any other form of solicitation, unless it is on a page that explicitly states that such postings are allowed on that page;
h. impersonate any other person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
i. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you post or submit to or via the web site and any related services;
j. use the web site and any associated services in any manner which could damage, disable, overburden, impair, or otherwise interfere with the use of the web site and associated services by any other users, or which could damage, destroy, or otherwise disrupt or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to by means of posting, submitting, transmitting or providing a link to any computer viruses, Trojan horses, worms, or other harmful computer code intended to damage, interfere with, intercept, monitor surreptitiously, or take over another computer;
k. attempt to gain unauthorized access to this web site, any related website, other accounts, computer system, or networks connected to this web site, through hacking, password mining, or any other means;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. obtain or attempt to obtain any materials or information through any means not intentionally made available through this web site, including but not limited to harvesting or otherwise collecting personal or contact information of other users;
n. contact anyone who has asked not to be contacted, “stalk” or otherwise harass another person or entity, or harm minors in any way.
You are solely responsible for any activity and postings made in connection with your user account. Any violation of these provisions can subject your account to immediate termination and, possibly, further legal action.
12. Krause does not control the Content delivered via the web site and related services by you or other users, and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the web site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Krause be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the web site and/or associated services.
13. The opinions expressed in postings or other Content on this web site are not necessarily those of Krause or its content providers, advertisers, sponsors, affiliated or related entities. Krause makes no representations or warranties regarding any information or opinions posted to or otherwise included on or transmitted through the web site. Krause does not represent or guarantee the truthfulness, accuracy, or reliability of any Content or determine whether the Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
14. Krause does not and is not obligated to regularly review, monitor, delete or edit the Content of the web site. However, Krause reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to edit or delete any posting or submission with or without notice. Krause is not responsible or liable for damages of any kind arising from any Content, or from Krause’s alteration or deletion of any Content, even when Krause is advised of the possibility of such damages.
15. The trademarks, logos, and service marks displayed on this web site are owned by Krause and third parties, and this web site’s trade dress is owned by Krause. All trademarks not owned by Krause are the property of their respective owners, and, where used by Krause, are used with permission. Nothing contained on this web site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.
16. You acknowledge, consent and agree that Krause may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Krause, its affiliates, other users and the public.
Advertising and Links
17. Krause may provide, or third parties may post, links to other Internet sites or resources. Because Krause has no control over such sites and resources, you acknowledge and agree that Krause is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Krause shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
18. If you link to this web site, we require that you follow these guidelines. The link to this web site must not damage, dilute, or tarnish Krause or the goodwill associated with any Krause names and/or intellectual property, nor may the link create the false impression that your web site and/or organization is sponsored by, endorsed by, affiliated and/or associated with Krause. You agree that you will not link to the web site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory, or is otherwise inappropriate. Under no circumstances will you “frame” this web site or alter its intellectual property or content in any way. Krause reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with Krause, its web site, and/or these terms.
19. Your dealings and communications (including but not limited to business dealings, participation in promotions, or transactions prompted by online classified advertisements) with any advertiser or other third party found on or through the web site are solely between you and that third party. You agree that Krause shall not be responsible or liable for payment; delivery of goods or services; any terms, conditions, warranties or representations associated with such dealings, or any loss or damage or any sort resulting from or associated with such dealings, or for any loss or damage of any sort incurred as the result of the presence of such advertisers or other third parties on the web site. Please review carefully the third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have related to materials provided by or dealings with third parties should be forwarded directly to the third party.
20. Certain areas within this web site and certain services offered through this web site may be governed by additional terms presented in conjunction with those areas or services. You must agree to these additional terms before using those areas or services. The additional terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the additional terms and this Agreement, the additional terms shall control.
Additional terms governing use of the Online Classified Advertising Solution offered through this web site can be found here http://secure.adpay.com/Marketplace.aspx?pid=2079&page=termsconditions.
Disclaimer of Warranties; Indemnification; Resolution of Disputes
21. Krause provides this web site and the associated services in connection with one or more affiliated companies. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify Krause, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies.
22. THIS WEB SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY KRAUSE ON AN “AS IS” AND “AS AVAILABLE” BASIS. KRAUSE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KRAUSE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE.
23. BY USING THE KRAUSE WEB SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY ASSOCIATED SERVICES IS AT YOUR OWN RISK. KRAUSE DOES NOT WARRANT OR GUARANTEE THAT ITS WEB SITE, SERVERS OR E-MAILS SENT BY OR ON BEHALF OF KRAUSE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, KRAUSE DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS WEB SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND KRAUSE, OR BETWEEN YOU AND ANY OTHER USER OF THE WEB SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
24. KRAUSE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF KRAUSE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, KRAUSE WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS WEB SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON KRAUSE’S COMPUTERS AND/OR SERVERS.
254. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
26. You agree to indemnify, defend and hold harmless Krause, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this web site and the services provided in connection with the web site, or your breach of any provision of this Agreement or any warranty provided hereunder.
27. You agree that if you are dissatisfied with the web site or any services offered in connection with the web site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against Krause with respect to this Agreement or the web site, your sole and exclusive remedy is to discontinue using the web site and any services offered in connection with the web site.
28. This web site is created and maintained by Krause in the State of Ohio. You agree that the laws of the State of Ohio will govern this Agreement, without giving effect to any principles of conflicts of laws. Any action or proceeding arising out of this Agreement or your use of the Krause web site must be brought in the state or federal courts located in Hamilton County, Ohio, and you hereby consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
Copyright Infringement Claims
29. Krause respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. Krause reserves the right to remove access to infringing material posted to its web site. Such actions do not affect or modify any other rights Krause may have under law or contract.
If you believe that any portion of the material contained on this site infringes your copyright, notify Krause of your claim in accordance with the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).
Written Notification must be submitted to this site’s Designated Agent:
Lori Krafte, Esq.
Greenebaum, Doll & McDonald PLLC
2900 Chemed Center
255 East Fifth Street
Cincinnati, Ohio 45202
Email: [email protected]
To be effective, the Notification must be in writing and contain the following information:
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
* Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
* A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
* A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information outlined above, Krause will:
* Remove or disable access to the material that is alleged to be infringing;
* Forward the written notification to such alleged infringer;
* Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
A Counter Notification will be effective if in writing, provided to the Designated Agent, and including substantially the following:
* A physical or electronic signature of the alleged infringer;
* Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
* A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
* The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to jurisdiction of Federal District Court for the judicial district in which the address is located or, if outside of the United States, for any judicial district in which Krause may be found, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person.
Upon receipt of a Counter Notification containing the information outlined above, Krause will:
* promptly provide the complaining party with a copy of the Counter Notification;
* inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided Krause’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on Krause’s network or system. This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
30. This Agreement represents the entire understanding between the parties regarding your use of the web site, and supersedes all other agreements, express or implied, between them. This Agreement shall not be modified except in writing, signed by an authorized representative of Krause. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. Krause’s failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.