TERMS AND CONDITIONS
1. ACCEPTANCE OF TERMS
EVERYTHINGSEACOAST.COM provides a collection of online resources, including classified ads, By using our Service in any way, you are agreeing to comply with the TAC. In addition, when using our services you agre to abide by any applicable posted guidelines,which may change from time to time. Should you object to any term or condition of the TAC, any guidelines, or any subsequent modifications thereto or become dissatisfied with EVERYTHINGSEACOAST.COM in any way, your only recourse is to immediately discontinue use of EVERYTHINGSEACOAST.COM
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.
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 each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that EVERYTHINGSEACOAST.COM does not control, and is not responsible for Content made available through our Service, and under no circumstances will EVERYTHINGSEACOAST.COM 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 our Service. You acknowledge that EVERYTHINGSEACOAST.COM
does not pre-screen or approve Content, but that EVERYTHINGSEACOAST.COM shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content for violating the TAC for any reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The EVERYTHINGSEACOAST.COM site and Content available through our Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of EVERYTHINGSEACOAST.COM, 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 our 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 EVERYTHINGSEACOAST.COM 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 our site, or between users and any third party, you understand and agree that EVERYTHINGSEACOAST.COM is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release EVERYTHINGSEACOAST.COM, 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 an EVERYTHINGSEACOAST.COM
agent for notice of claims of copyright or other intellectual property infringement at
INFRINGEMENT COPYRIGHT CLAIM
EVERYTHINGSEACOAST.COM
ADMIN@EVERYTHINGSEACOAST.COM
Please provide our Agent with the following Notice:
1. Identify the material on the site that you claim is infringing, with enough detail so that we may locate it on the website.
2. 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.
3. 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;
4.Your address, telephone number, and email address; and Your physical or electronic signature.
EVERYTHINGSEACOAST.COM will then remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).
http://www.copyright.gov/legislation/dmca.pdf
6. CONDUCT
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;
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;
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;
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 violates federal, state, or local equal employment opportunity
laws, including but not limited to, stating in any advertisement for
employment a preference or requirement based on race, color, religion,
sex, national origin, age, or disability.
With respect to employers that employ four or more employees, that
violates the anti-discrimination provision of the Immigration and
Nationality Act, including requiring U.S. citizenship or lawful
permanent residency (green card status) as a condition for employment,
unless otherwise required in order to comply with law, regulation,
executive order, or federal, state, or local government contract.
That impersonates any person or entity, including, but not limited to, a EVERYTHINGSEACOAST.COM employee, or falsely states or otherwise misrepresents your affiliation with a person or entity.
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 EVERYTHINGSEACOAST.COM site which is not designated for such purposes; or emailed to users who have not indicated in writing that it is ok to contact them about other services, products or interests.
That includes links to commercial services or web sites.
That advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, A partial list of prohibited items for sale and prohibited services will be offered via E-MAIL if requested for your convenience: contact>>>
ADMIN@EVERYTHINGSEACOAST.COM
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 amount of Content (flooding attack) to our Service, or that otherwise negatively affects other users' ability to use our Service; or
That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through our 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 our Service
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.
7. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to EVERYTHINGSEACOAST.COM email addresses or through our site will not be tollerated.
Such violations may subject the sender and his or her agents to civil and criminal penalties.
8. PAID POSTINGS
We may charge a fee to post content such as a link to your url/website called
an access fee. Each party posting Content to our Service is responsible for said Content and compliance with the TAC. All fees paid will be non-refundable in the event that Content is removed from our Service for violating the TAC.
9. LIMITATIONS ON SERVICE
Your acknowledge that EVERYTHINGSEACOAST.COM may establish limits concerning use of our Service, including the maximum number of days that Content will be retained by our Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by our Service, and the frequency with which you may access our Service. You agree that EVERYTHINGSEACOAST.COM has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by our Service. You acknowledge that EVERYTHINGSEACOAST.COM reserves the right at any time to modify or discontinue our Service (or any part thereof) with or without notice, and that EVERYTHINGSEACOAST.COM shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Service.
10. ACCESS TO OUR SERVICE
EVERYTHINGSEACOAST.COM grants you a limited, revocable, nonexclusive license to access our Service for your own personal use. This license does not include: (1) access to our Service by Posting Agents; or (2) any collection, aggregation, copying, duplication, display or derivative use of our Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by EVERYTHINGSEACOAST.COM.
EVERYTHINGSEACOAST.COM permits you to display on your website, or create a hyperlink on your website to, individual postings on our 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 exceed (100) postings, your use will be presumed to be in violation of the TAC, absent express permission granted by EVERYTHINGSEACOAST.COM to do so.
Use of the Service beyond the scope of authorized access granted to you by EVERYTHINGSEACOAST.COM immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the our Service or any Content made available via our Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from . EVERYTHINGSEACOAST.COM
11.TERMINATION OF SERVICE
You agree that EVERYTHINGSEACOAST.COM in its sole discretion, has the right to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of our Service (or any part thereof), immediately and without notice, and remove and discard any Content within our Service, for any reason, including, without limitation, if EVERYTHINGSEACOAST.COM believes that you have acted inconsistently with the terms of the TAC.
12. PROPRIETARY RIGHTS
Our Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through our 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 EVERYTHINGSEACOAST.COM . You further agree not to reproduce, duplicate or copy Content from our Service without the express written consent of EVERYTHINGSEACOAST.COM and agree to abide by any and all copyright notices displayed on our Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in our Service. Without limiting the foregoing! , you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of our Service.
13. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE EVERYTHINGSEACOAST.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE EVERYTHINGSEACOAST.COM SITE AND OUR 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, EVERYTHINGSEACOAST.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND OUR SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, EVERYTHINGSEACOAST.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, EVERYTHINGSEACOAST.COM
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR OUR SERVICE.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL EVERYTHINGSEACOAST.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE EVERYTHINGSEACOAST.COM SITE OR OUR SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE EVERYTHINGSEACOAST.COM SITE OR OUR SERVICE, FROM INABILITY TO USE THE EVERYTHINGSEACOAST.COM SITE OR OUR SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE EVERYTHINGSEACOAST.COM SITE OR OUR 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 EVERYTHINGSEACOAST.COM SITE OR OUR SERVICE OR ANY LINKS ON THE EVERYTHINGSEACOAST.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE EVERYTHINGSEACOAST.COM SITE OR OUR SERVICE OR ANY LINKS ON THE EVERYTHINGSEACOAST.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
14. INDEMNITY
You agree to indemnify and hold EVERYTHINGSEACOAST.COM , 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 our Service, your use of our Service, your violation of the TAC, your breach of any of the representations and warranties herein, or your violation of any rights of another.
15. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TAC, by emailing to:>>
ADMIN@EVERYTHINGSEACOAST.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/losses are often difficult to recover ,if it becomes necessary for EVERYTHINGSEACOAST.COM to pursue legal action to enforce these Terms, you will be liable to pay the following amounts as liquidated damages, which you accept as reasonable estimates of 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 EVERYTHINGSEACOAST.COM ($1500.00) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
If you post Content in violation of the TAC, other than as described above, you agree to pay EVERYTHINGSEACOAST.COM ($200) for each message posted in excess of such limits or for each day on which you access in excess of such limits, whichever is higher.
In its sole discretion, EVERYTHINGSEACOAST.COM 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 EVERYTHINGSEACOAST.COM 's express written permission, you agree to pay EVERYTHINGSEACOAST.COM ($5,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms,EVERYTHINGSEACOAST.COM 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.
16. FEEDBACK
We welcome your questions and comments via our feedback form listed on site.