If you agree to the T&P and are of sufficient age and capacity to use the Services and be bound by the T&P, or use the Services on behalf of a business, thereby binding that business to the T&P, we grant you a limited, revocable, non-exclusive, non-assignable license to use the Services in compliance with the T&P; unlicensed use is unauthorized. You agree not to display, "frame," make derivative works, distribute, license, or sell, content from the Services, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
The Services contain stuff from us, you, and other users (as well as from our third-party service providers). You agree not to copy, modify, resell or distribute the Services, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify FreemarketChicago Customer Support and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting a violation of these terms or the rights of any other party.
Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). Do not post content that contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual as may be required. We reserve the right to remove content where we have grounds for suspecting a violation of these terms, our policies or of any party's rights.
The following steps are for reporting a listing to FreemarketChicago that you believe to be infringing on your intellectual property rights. Only the intellectual property rights owner can report of potentially infringing items. If you have a good faith belief that a listing on any of the Services infringes your copyright, trademark, or other intellectual property rights, all you need to do is to write an email to FreemarketChicago Customer Support with the details of infringement. After we receive your email, we will conduct an investigation. We reserve the right to share, in accordance with an applicable law, the information about the infringement provided by you with the third party that originally posted the potentially infringing listing.
Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email clients) or services that interact or interoperate with the Services, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect the Services content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts.
You agree not to post content that is prohibited by any of the Services' policies or listed in the Prohibited Content section of Ad Posting Policy. You agree not to abuse the Services' flagging or reporting processes. You agree not to collect the Services user information or interfere with the Services. You agree that we may moderate the Services access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account.
Please use the flagging system to tell us about any problems or offensive content so that together we can keep the Services working properly. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off FreemarketChicago if we think that they are creating problems or acting inconsistently with the spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off FreemarketChicago or not, we do not accept any liability for monitoring FreemarketChicago or for unauthorized or unlawful content on FreemarketChicago or use of FreemarketChicago by users.
In order to access and use some or a portion of the Services, you may be required to register with us and set up an account with your email address and a password (Henceforth - “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult to guess.
Without limitation to the rights granted above (see ‘Content’), some of FreemarketChicago 's features may display your ad on other sites or our classifieds sites in other states or countries. By using the Services, you agree that your ads can be displayed on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad to another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your ad if it is flagged on any of our sites, or if we believe it causes problems or violates any law or policy.
Using the Services is generally free. We may charge fees for certain Services. If the service you use requires a fee, you will be able to review and accept that charge. Our fees are quoted in U.S. Dollars, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they're due, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. If you don't, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. We may refuse any posting.
U.S. taxes associated with our Services will be collected when applicable. You agree to provide accurate address information necessary for FreemarketChicago to comply with its obligations under applicable law.
You are solely responsible to collect and remit any applicable taxes resulting from the sale of your items or services listed on FreemarketChicago.
The Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. You also agree not to hold us responsible for the payment processing of other service providers (Henceforth “Third Party Payment Processor”). For greater certainty, as applicable, if you link a Third Party Payment Processor account to your FreemarketChicago, you acknowledge and agree that by making payments through FreemarketChicago with that Third Party Payment Processor, you are bound by that Third Party Payment Processor’s applicable terms and conditions, and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services. To the full extent permitted by law, FreemarketChicago, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest make no promises, warranties, or representations as most of the items on the Services come from other users, we do not guarantee the accuracy, completeness, efficacy or timeliness of any postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of FreemarketChicago, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
If we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of the total fees you pay to us in the 12 months prior to the action giving rise to liability, and 100 U.S. Dollars.
Any claim, cause of action, demand, or dispute arising from or related to FreemarketChicago ("Claims") will be governed by the internal laws of Illinois, 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 Chicago, IL (except we may seek preliminary or injunctive relief anywhere). You agree to submit to the personal jurisdiction of courts in Chicago, IL; indemnify and hold FreemarketChicago Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of FreemarketChicago; and 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.
Unless you have entered into a separate written or electronic agreement with us that expressly references the T&P, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access FreemarketChicago thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the T&P or our ability to enforce it. The USE, and CLAIMS & INDEMNITY sections survive termination of the T&P, and you will remain bound by those sections. If a T&P 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 T&P controls over any translations.