AroundGlendale.com Terms of Use
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE
Welcome to AroundGlendale.com. We maintain this Web site as a service to our customers and for informational purposes only. By using our site, you are agreeing to comply with and be bound by the following Terms of Use Agreement (Agreement) including but not limited our Privacy Policy and other terms that might be posted from time to time in relation to a specific service, all of which are incorporated herein by reference. Please review the following terms carefully. If you do not agree to these terms, you should not access information or obtain products or services from this site.
Acceptance of Agreement.
AroundGlendale.com provides a gathering of online resources, including directory, news, weather, classified ads, events, and various other services. You agree to the terms and conditions outlined in this Agreement with respect to the use of AroundGlendale.com (the ''Site''). This Agreement constitutes the entire and only agreement between AroundGlendale.com and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, its content, products or services provided by or through the Site. Should you object to any term or condition of this Agreement, any guidelines, or any subsequent modifications thereto or become dissatisfied with AroundGlendale.com in any way, your only recourse is to immediately discontinue use of AroundGlendale.com.
1. Business Directory Advertisers Agreement:
Agreement: Advertising contract with AroundGlendale.com is for a term of 12 months. AroundGlendale.com agrees to display the information provided on member application, and the signer of the agreement agrees to pay for the services provided.
Reoccurring: After the 12 month period AroundGlendale.com will automatically charge the credit card on file the appropriate monthly advertising fee.
All credit card charges will commence on the 1st of every month for the total monthly premium. This can be changed at anytime by AroundGlendale.com without any prior notice.
Late Payment: 1.5% late fee will be assessed for all advertising payments that are more then 30 days due.
Returned Checks: A $30 fee will be assessed for any returned checks.
Downgrading/Upgrading: At any time an advertiser can downgrade or upgrade to or from an advertising package without paying any fee or penalty.
Cancellation: If at anytime during the 12 month period the contract is canceled, a 25% of your annual advertising package fee will be charged. After the 12 month period, advertising membership can be canceled at any time with a written notice provided two weeks prior to cancellation date.
Mail all cancellation requests to
AroundGlendale.com
Attn: Cancellation Department
PO BOX 5092
Glendale, CA 91221
2. Updates and Amendments. AroundGlendale.com reserves the right to amend this Agreement at any time from time to time without specific notice to you. You are responsible for checking this page periodically for changes and updates to this Agreement. Your use of the site following any posted change(s) will be deemed an acceptance thereof.
3 A. Content: AroundGlendale.com BUSINESS DIRECTORY: Proprietary Rights and Permitted Use. The Site, including without limitation any content, graphics, text, logos, icons, flash animation, images, audio clips, illustration and software (hereinafter “Directory Content”) offered thereon, are the property of AroundGlendale.com and/or its affiliates and listing businesses. It is protected by the copyright and/or other intellectual property laws of the United States and internationally. You are hereby granted a limited, non-exclusive license solely to view, download and to retain a copy of pages of this Site for your own personal use. Do not duplicate, publish, modify, or otherwise distribute the material on this Site unless specifically authorized in writing by AroundGlendale.com. Do not remove these legal notices or other acknowledgements or credits, or any related information, contained on this Site. You are further prohibited from using the information for any commercial purposes whatsoever, including without limitation, telemarketing or spamming. Your right to use the Site is not transferable.
3 B. Content: AroundGlendale.com Classifieds, Events “The Service”: You understand that all postings, news, messages, events, text, files, images, photos, video, sounds, or other materials ("Other 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 AroundGlendale.com does not control, and is not responsible for Other Content made available through the Service, and that by using the Service, you may be exposed to Other Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the AroundGlendale.com site and Other Content available through the Service may contain links to other websites, which are completely independent of AroundGlendale.com. AroundGlendale.com 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 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 AroundGlendale.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 the Service. You acknowledge that AroundGlendale.com does not pre-screen or approve Content, but that AroundGlendale.com 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.
Copyright. All Content of this site is the property of AroundGlendale.com and is protected by copyright laws of the United States and all applicable international copyright laws and treaties. AroundGlendale.com authorizes you to view and download the Content of this Site for your personal use only. This authorization does not in any way constitute a transfer of title in the Content and is subject to the following restrictions: i) you must not remove any copyright notices and/or other legal proprietary notices contained in the Content; ii) you may not modify the Content in any way or reproduce, publicly display, perform, distribute or create a derivative work thereof, or otherwise use the Content for any public or commercial purpose; and iii) you may not transfer the Content to any third party, unless you give them notice of, and they agree to be bound by this Agreement.
Trademarks. AroundGlendale.com and other trademarks that appear on this Site are either trade names, trademarks or registered trademarks of AroundGlendale.com, its affiliates or listed businesses. All such trademarks are protected under the intellectual property laws of the United States and all applicable international laws and treaties.
4. Editing, Deleting and Modification. AroundGlendale.com reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site and/or terminate any service at any time and without notice.
5. User contribution to the site. AroundGlendale.com does not require you to provide any confidential or proprietary information via the site. You agree that any information or materials provided by you or any person acting on your behalf to AroundGlendale.com will not be considered confidential or proprietary. By providing any such information or materials to AroundGlendale.com, you grant AroundGlendale.com and its affiliates an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that AroundGlendale.com is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to AroundGlendale.com. You should not, in any case provide any information or materials to AroundGlendale.com that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of any other party. Any personally identifiable information you may provide to AroundGlendale.com via this Site is protected by the Privacy Policy associated with this Site.
6. Conduct: You agree not to email, post 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 AroundGlendale.com 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, mis-informative, 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 AroundGlendale.com sites which are not designated for such purposes; or emailed to AroundGlendale.com 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.
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 harass 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 AroundGlendale.com;
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 AroundGlendale.com'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 AroundGlendale.com website; or
w) use any form of automated device or computer program that enables the submission of postings on AroundGlendale.com 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.
7. Promotion offer AroundGlendale.com’s Business Directory listing partners may offer a discount to users of our website. This discount offer is voluntary, and the listing partner is solely responsible for the discount offer provided. No listing partner can be forced by AroundGlendale.com or its agents to give this discount. AroundGlendale.com will not and cannot be forced to honor any discounts its listing partners do not fulfill. Any dispute with AroundGlendale.com listing businesses should be dealt with the individual businesses with no involvement from AroundGlendale.com owners, employees, and/or agents.
8. Third-Party Sites and Services. AroundGlendale.com allows access to or advertises third-party merchant sites (Merchants) from which you may purchase certain goods or services. You understand that AroundGlendale.com does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. AroundGlendale.com is not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants’ sites is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY AroundGlendale.com, expressed, implied or otherwise including warranties of title, fitness for purpose, merchant ability or non-infringement. Under no circumstances is AroundGlendale.com liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to this site.
9. Third-Party Merchant Policies. All site’s policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. AroundGlendale.com is not responsible for information provided by you to Merchants. AroundGlendale.com and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
10. Linking to and from AroundGlendale.com. All links to the Site must be approved in writing by AroundGlendale.com. However, AroundGlendale.com allows such links that are: (i) text-only links containing only the name "AroundGlendale.com"; (ii) pointing only to AroundGlendale.com and not to inner pages of the Site (deep linking is not allowed); and (iii) when activated by a user, display AroundGlendale.com in a full-screen, fully operable and navigable browser window and not within a "frame" on the linked website. In any event, the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by AroundGlendale.com, nor be damaging or diluting the goodwill associated with the name and trademarks of AroundGlendale.com or its Affiliates. AroundGlendale.com reserves the right to revoke this consent to link at any time at its sole discretion.
The Site contains links to other web sites. AroundGlendale.com is not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by AroundGlendale.com. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
11. Disclaimer of Warranties. The information from or through the site is provided "AS IS," "AS AVAILABLE," and all warranties, express or implied, are disclaimed (including, but not limited to, the disclaimer of any implied warranties of merchant ability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. AroundGlendale.com and our affiliated parties have no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, AroundGlendale.com and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above is a fundamental element of the basis of the bargain between AroundGlendale.com and you. This site and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from AroundGlendale.com through the site shall create any warrant, representation or guarantee not expressly stated in this agreement.
12. Limitation of Liability. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. AroundGlendale.com will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the site. AroundGlendale.com maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
13. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
14. Indemnity. You agree to indemnify and hold AroundGlendale.com, its subsidiaries, affiliates, officers, agents, co-branders, and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of user content you submit, post to, or transmit through the Site, your use of the Site, including your use of the Site to provide a link to another Site or to upload content or other information to the Site, or your violation of this Agreement or any applicable laws or the rights of another.
15. Securities Laws. This Site may include statements concerning AroundGlendale.com operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as AroundGlendale.com intentions, plans and objectives, which are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like ''anticipates,'' ''expects,'' ''believes,'' ''estimates,'' ''seeks,'' ''plans,'' ''intends'' and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
16. Copyrights and Copyrights Agents. AroundGlendale.com respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) 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; and
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is AroundGlendale.com who can be reached as follows:
By mail:
AroundGlendale.com
Copyright Agent
PO BOX 5092
Glendale, CA 91221
By e-mail: info@AroundGlendale.com
17. U.S. Export Controls. AroundGlendale.com makes no representation that this Site content is appropriate or available for use at other locations outside the United States and access to the Site from territories where its content is illegal is prohibited. However, if you choose to use the Site, you understand, acknowledge and agree that your use of the Site is governed by this Agreement and the laws and regulations of the United States regarding online conduct and acceptable content. If you use the Site in a jurisdiction that prohibits or restricts the use of the Site, you agree that your use of the Site will be at your own risk, without limitation of any other provision of this Agreement, and that AroundGlendale.com shall not have any liability with respect to such use. Software from this Site is subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
18. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Glendale, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections 8, 9 and 10. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Los Angeles, California. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. AroundGlendale.com failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.