Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
MineListings.com is wholly owned by MineListings, LLC, a Washington State Limited Liability Company.
License to use website
Unless otherwise stated, MineListings, LLC and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without MineListings, LLC’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
Restricted access
Access to certain areas of this website is restricted. MineListings, LLC reserves the right to restrict access to other areas of this website, or indeed this entire website, at MineListings, LLC’s discretion.
If MineListings, LLC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
MineListings, LLC may disable your user ID and password in MineListings, LLC’s sole discretion without notice or explanation.
MineListings, LLC reserves the right to refuse service to anyone for any reason.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to MineListings, LLC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, edit, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to MineListings, LLC the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or MineListings, LLC or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
MineListings, LLC reserves the right to edit or remove any material submitted to this website, or stored on MineListings, LLC’s servers, or hosted or published upon this website.
Notwithstanding MineListings, LLC’s rights under these terms and conditions in relation to user content, MineListings, LLC does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Listing Submission/Advertising Guidelines
Offensive Material in Listings/Advertisements that promote hatred, violence, racism, or intolerance are not permitted on MineListings.com.
Under this policy, MineListings.com may, at its sole discretion, remove listings and optionally refund any appropriate fees when the item, description, or service graphically portrays adult content, violence or victims of violence, and lacks social, artistic, or industry value.
URLs, Links, and Contact Information
MineListings.com permits sellers to reference any number of URLs (or links) that provide further information about an item or service for sale. However, MineListings.com does not allow links that:
Submissions that fail to follow these guidelines will be removed. Failure to follow MineListings.com’s Content guidelines may result in permanent suspension of your account.
Spamming
MineListings.com does not tolerate spamming. This includes solicitation of MineListings.com members by any means via our website. In addition, MineListings.com URLs and email addresses (for example, Listing Links or corporate emails) are not permitted in any mass marketing or unsolicited commercial email campaigns.
MineListings.com will take action if it is clear a member has participated in spamming. Where state and/or federal laws have been violated, we reserve the right pursue legal action.
Keyword Spamming
MineListings.com does not allow the superfluous use of keywords or phrases in listing/advertisement. Keywords that do not add substantive value to the description of the listing ad, or those that are repeated multiple times, are considered superfluous. This includes referencing brand names which have no relation to the listing.
Portal Listings
Listings whose primary purpose is to direct buyers to another website, store, or business are not allowed. Portal listings may be re-categorized or disabled.
Inappropriate Listings/Advertisements
MineListings.com may at any time re-categorize, disable, or suspend listings which contain inappropriate material in the listing title, description, or image(s). If your listing is re-categorized, disabled, or suspended, you will be notified by email.
Right to terminate and suspend
MineListings.com, at its sole discretion, may modify, suspend, or delete any listing/Advertisement or MineListings.com membership immediately, and without notice, if we believe that you have not acted in compliance with these Terms of Use.
Items that are prohibited by MineListings.com
MineListings.com reserves the right, but has no obligation, to refuse, reject or remove any listings/advertisement at our sole discretion.
There are some things that you may not list or sell on MineListings.com These include:
Should MineListings.com receive an official and lawful notification from a trademark holder, or their legal representative, that your ad infringes intellectual property rights, MineListings.com is under no obligation to provide a refund upon suspension. Should you successfully file a counter-claim with MineListings.com, you will be given a refund for your listing/advertisement fee and any purchased promotions and will be allowed to re-post your listing/advertisement.
Wholesale Lists and Matrix Schemes
MineListings.com does not allow listings/advertisements which sell information that may be linked to potentially fraudulent activities such as:
Often these ads sell information in the form of a book, e-book, or PDF file. This restriction applies to so-called “wholesale lists”, which often claim to provide the buyer with almost-free products, usually by encouraging the buyer to either: misrepresent themselves to other companies, or to join online matrix schemes.
We feel that a majority of these ads employ unrealistic claims, create confusion in our marketplace, and generally yield an unsatisfactory buyer experience.
Photographs and Pictures
Your listing/advertisement photos should never confuse buyers, and should accurately represent the item you are selling. In addition, you should use your own images whenever possible, not someone else’s. We recommend that you take digital photos of what you are selling and use these in listing/advertisement.
Be upfront about the nature of the goods and services you are selling, and make sure your listing/advertisement title, description, and images are not confusing to buyers.
MineListings.com reserves the right to modify any listing to more accurately represent what is being sold, and may suspend an ad at our sole discretion.
Advertising
Minelistings.com makes use of Google adsense advertisements throughout the site. MineListings, LLC does not control the content and frequency of the ads placed by Google. By accessing Minelistings.com, you agree to the placement and display of these advertisements and you hereby agree to hold MineListings, LLC, its affiliates, associates, and members harmless for any and all liability.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. MineListings, LLC makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, MineListings, LLC does not warrant that:
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.
Limitations of liability
MineListings, LLC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
These limitations of liability apply even if MineListings, LLC has been expressly advised of the potential loss.
Cancellation and Refunds Policy
No refunds will be granted. You may cancel your subscription at any time. To submit your cancellation request, visit: My Account Profile and follow the instructions.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You agree that you will not bring any claim personally against MineListings, LLC’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect MineListings, LLC’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as MineListings, LLC.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify MineListings, LLC and undertake to keep MineListings, LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by MineListings, LLC to a third party in settlement of a claim or dispute on the advice of MineListings, LLC’s legal advisers) incurred or suffered by MineListings, LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to MineListings, LLC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, MineListings, LLC may take such action as MineListings, LLC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
MineListings, LLC may revise these terms and conditions from time-to-time at it’s sole discretion. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Revisions include, but are not limited to, price changes, membership and subscription terms, and expirations. It is your responsibility toe check this page regularly to ensure you are familiar with the current version.
Assignment
MineListings, LLC may transfer, sub-contract or otherwise deal with MineListings, LLC’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and MineListings, LLC in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with laws of the State of Washington, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Thurston County.
This document was created using a Contractology template available at http://www.freenetlaw.com.
