CoventryPages
Access
Agreement
Please
read this Agreement carefully before accessing CoventryPages.
As a condition to and in consideration of receiving and accessing
CoventryPages, the User agrees to be bound by the terms of this
Agreement. Use of or access to CoventryPages shall constitute
acceptance of and agreement to be bound by this Agreement. IF
YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS
CoventryPages. If you have any questions about this Agreement,
please contact us via e-mail at aa-query@coventrypages.com.
CoventryPages User Access Agreement
THIS
AGREEMENT "Agreement" is entered into by and between CoventryPages
and any individual, corporation, association, agency, company, or other
entity who accesses or uses CoventryPages (the "User" or "you").
CoventryPages,
which is provided without charge to you, is a World Wide Web site on the
Internet that is designed to allow users to post classified ads and/or
to view classifieds ads posted by other users or interact with those users.
CoventryPages is owned and operated by CoventryPages. CoventryPages contains
or may contain information, communications, opinions, text, graphics,
links, electronic art, animations, audio, video, software, photos, music,
sounds and other material and data (collectively, "Content") formatted,
organised and collected in a variety of forms that are generally accessible
to Users, including directories and databases, and areas of CoventryPages
that can be modified by Users, such as posting ads, uploading multimedia
files, registering user profiles, and creating Auto-Notify 'key word'
profiles ("Interactive Areas").
1.
User Rights and Responsibilities
1.1
Access to CoventryPages
You
are responsible for providing all hardware, software, telephone or other
communications equipment and/or service to connect to the Internet and
access CoventryPages and are responsible for all Internet
access charges, telephone charges or other fees or charges incurred in
connecting to the Internet and accessing CoventryPages.
1.2
User Conduct
You
agree to access and use CoventryPages only for lawful purposes.
You are solely responsible for the knowledge of and adherence to any and
all laws, statutes, rules and regulations, pertaining to (i) your use
of CoventryPages, including any Interactive Area, (ii) the
use of any networks or other services connected to CoventryPages, and (iii) the communications means by which you connect your modem,
computer, or other equipment to CoventryPages. By accessing
CoventryPages, you agree that you will not:
(1) restrict
or inhibit any other user from using and enjoying the Interactive Features;
(2)
post or transmit any unlawful, threatening, abusive, libellous, defamatory,
obscene, vulgar, pornographic, profane, or indecent information of any
kind, including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offence, give rise
to civil liability or otherwise violate any local, state, national, or
international law;
(3)
post or transmit any information, software, or other material which violates
or infringes in the rights of others, including material which is an
invasion of privacy or publicity rights or which is protected by copyright,
trademark or other proprietary right, or derivative works with respect
thereto, without first obtaining permission from the owner or right holder.
(4)
post or transmit any information, software or other material which contains
a virus or other harmful component;
(5)
alter, damage or delete any Content or other communications that are
not your own Content or to otherwise interfere with the ability of others
to access CoventryPages;
(6)
disrupt the normal flow of communication in an Interactive Area;
(7)
claim a relationship with or to speak for any business, association,
institution or other organisation for which you are not authorised to
claim such a relationship;
(8)
violate any operating rule, policy or guideline of your Internet access
provider or online service.
2.
Intellectual Property Rights
2.1
CoventryPages content
(a)
You acknowledge that Content on CoventryPages is generally provided by
CoventryPages, individual contributors of Content ("Contributors"), third
party licensees, and/or other Users. You acknowledge that CoventryPages
permits access to Content that is protected by copyrights, trademarks,
and other proprietary (including intellectual property) rights ("Intellectual
Property Rights"), and that these Intellectual Property Rights are valid
and protected in all media existing now or later developed and except
as is explicitly provided below, your use of Content shall be governed
by applicable copyright and other intellectual property laws. You acknowledge
that CoventryPages owns a copyright in the "look and feel," i.e., the
selection, co-ordination, arrangement and presentation of such Content.
(b)
You may not modify, copy, reproduce, transmit, distribute, publish, create
derivative works from, display or otherwise transfer or commercially exploit
any of the Content, in whole or in part, provided, however, that you may
(i) make a reasonable number of digital or other form of copies to permit
your computer hardware and software to access and view the Content, (ii)
print one copy of each piece of Content, (iii) make and distribute a reasonable
number of copies of Content, in whole or in part, in hard copy or electronic
form for internal use only. Any permitted copies of Content must reproduce
in an unmodified form any notices contained in the Content, such as all
Intellectual Property Right notices, and an original source attribution
to "CoventryPages" and its URL address. You acknowledge that
CoventryPages, its Contributors, and/or Users remain the owners
of the Content and that you do not acquire any Intellectual Property Rights
by downloading or printing Content.
2.2
Content Provided by User
You
may upload to any Interactive Area or otherwise transmit, post, publish,
reproduce or distribute, on or through CoventryPages only Content that
is not subject to any Intellectual Property Rights, or Content in which
any holder of Intellectual Property Rights has given express authorisation
for distribution over the Internet and on CoventryPages, without restriction
whatsoever. Any Content submitted with the consent of a copyright owner
other than you should contain a phrase such as "Copyright owned by [name
of owner]; Used by Permission." By submitting Content to any Interactive
Area, you automatically grant and/or warrant that the owner of such Content,
whether it be You or a third party, has expressly granted to CoventryPages
the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted,
world-wide right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, sub-license, distribute, perform,
and display such Content, in whole or in part, world-wide and/or to incorporate
it in other works in any form, media, or technology now known or later
developed for the full term of any Intellectual Property Rights that may
exist in such Content. You also permit CoventryPages to sub-license to
third parties the unrestricted right to exercise any of the foregoing
rights granted with respect to such Content. You also permit any User
to access, view, store and reproduce the Content for personal use.
3.
Interactive Areas
You
acknowledge that CoventryPages may include various interactive areas ("Interactive
Areas"), including but not limited to classified ads. These Interactive
Areas allow feedback to CoventryPages and interaction between users. You
further understand that CoventryPages does not control the messages, information,
or files delivered to such Interactive Areas and that CoventryPages may
offer you and other Users the capability of creating and managing an Interactive
Area. However, neither CoventryPages, its subsidiary and parent companies,
or affiliates, nor their respective directors, officers, employees and
agents are responsible for Content within any Interactive Area. Your use
and/or management of an Interactive Area will be governed by this Agreement
and any additional rules or operating procedures of any Interactive Area
established by you or another User, as applicable. You recognise that
CoventryPages cannot, and does not intend to, screen communications in
advance. Moreover, because CoventryPages encourages open and candid communication
in the Interactive Areas, CoventryPages cannot determine in advance the
accuracy or conformance to this Agreement of any Content transmitted in
an Interactive Area. CoventryPages is not responsible for screening, policing,
editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding
the above, you agree that CoventryPages has the right to monitor any Interactive
Area, from time to time and to disclose any information as necessary to
satisfy any law, regulation or other governmental request, to operate
the Interactive Area, or to protect itself or other Users. If notified
of Content that is alleged not to conform to this Agreement, CoventryPages
may investigate the allegation and determine in its sole discretion whether
to remove or request the User to remove such Content. CoventryPages reserves
the right to prohibit conduct, communication or Content within an Interactive
Area, or to edit, refuse to post, or to remove any Content, in whole or
in part, which it deems in its sole discretion to (i) violate the then-standard
provisions of this Agreement or any other standard, written CoventryPages
policy in effect at that time, (ii) be harmful to the rights of any User,
CoventryPages, or other third parties, (iii) violate applicable law, or
(iv) be otherwise objectionable.
4.
Termination
The
only right with respect to dissatisfaction with any policies, guidelines,
or practices of CoventryPages in operating CoventryPages, or any change in Content, is for you to discontinue accessing CoventryPages. CoventryPages may terminate or temporarily
suspend your access to all or any part of CoventryPages, without
notice, for conduct that CoventryPages believes is a violation
of this Agreement or any policies or guidelines posted by CoventryPages, or for other conduct which CoventryPages believes,
in its sole discretion, is harmful to CoventryPages or other
Users. CoventryPages may discontinue operating CoventryPages and terminate this Agreement without notice at any time for
any reason in its sole discretion. In the event of termination, you are
no longer authorised to access CoventryPages, including the
Interactive Areas, and the restrictions imposed on you with respect to
Content downloaded from CoventryPages, as well as the disclaimers
and limitations of liabilities set forth in this agreement, shall survive.
5.
Links; Disclaimers Of Warranties; Limitations of Liability
5.1
Links. You understand that except for Content, products or services expressly
available at CoventryPages, neither CoventryPages,
its subsidiary and parent companies, or affiliates, or their respective
directors, officers, employees, and agents controls, provides, or is responsible
for any Content, goods or services available through sites on the Internet
linked to or from CoventryPages. All such Content, goods and
services are made accessible on the Internet by independent third parties
and are not part of CoventryPages or controlled by CoventryPages. CoventryPages neither endorses nor is responsible
for the accuracy, completeness, usefulness, quality or availability of
any Content, goods or services available on any site linked to or from
CoventryPages, which are the sole responsibility of such independent
third parties, and your use thereof is solely at your own risk. Neither
CoventryPages, its subsidiary and parent companies, or affiliates,
or their respective directors, officers, employees, and agents shall be
held responsible or liable, directly or indirectly, for any loss or damage
caused or alleged to have been caused by your use of or reliance on any
Content, goods or services available on any site linked to or from CoventryPages or your inability to access the Internet or any
site linked to or from CoventryPages.
5.2
Disclaimer of Warranties. Please use your best judgement in evaluating
all information contained or opinions expressed on CoventryPages. It is
the policy of CoventryPages not to endorse or oppose any opinion expressed
by a User or Content provided by a User, Contributor, or other independent
party. YOU EXPRESSLY AGREE THAT YOUR USE OF CoventryPages IS AT YOUR SOLE
RISK. NEITHER CoventryPages NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES,
OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT,
DATA, INFORMATION OR SERVICES WARRANTS THAT CoventryPages OR ANY INTERNET
SITE LINKED TO OR FROM CoventryPages WILL BE UNINTERRUPTED OR ERROR FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE
AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF CoventryPages OR ANY INTERNET SITE
LINKED TO OR FROM CoventryPages OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY,
AUTHORITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT, RELIABILITY, AVAILABILITY,
OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED
THROUGH CoventryPages OR ANY SITE LINKED TO OR FROM THE . CoventryPages
IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL CoventryPages, ITS
SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR
ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM
THIS AGREEMENT, CoventryPages, OR ANY INTERNET SITE LINKED TO OR FROM
CoventryPages, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY
LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS
LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORISED
ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER
NO CIRCUMSTANCES SHALL CoventryPages, ITS SUBSIDIARY AND PARENT COMPANIES,
OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR
ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED
WITHIN CoventryPages OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE
LINKED TO OR FROM CoventryPages THE CONTENT WITHIN CoventryPages AND THE
CONTENT WITHIN INTERNET SITES LINKED TO OR FROM CoventryPages MAY INCLUDE
TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW
VERSIONS OF CoventryPages AND SPECIFICALLY ARE INCLUDED IN THIS SECTION
AGREEMENT. COVENTRYPAGES AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CoventryPages IS NOT LIABLE FOR
ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF
ANY USER. IF YOU ARE DISSATISFIED WITH ANY SITE CONTENT, OR WITH THE ACCESS
AGREEMENT OF CoventryPages, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING CoventryPages
6.
Indemnity
You
agree to indemnify and hold CoventryPages, its parent or subsidiary companies
and their affiliates, and their respective directors, officers, employees,
and agents from any and all liabilities, claims and expenses, including
reasonable attorneys fees, arising from breach of this Agreement, any
other policy, your use or access of CoventryPages or any Internet site
linked to or from CoventryPages, or in connection with the transmission
of any Content on CoventryPages
7.
Miscellaneous
This
Agreement comprises the entire agreement between CoventryPages and you,
and supersedes any prior agreements with respect to the subject matter
herein. CoventryPages may revise this Agreement or any other policy at
any time and from time to time, and such revision shall be effective two
(2) days upon posting notice of such revision prominently on CoventryPages
You agree to review this Agreement periodically to be aware of such revisions.
If any such revision is unacceptable to you, you must discontinue accessing
CoventryPages Your continued accessing and use of CoventryPages following
notice of any such revision shall conclusively be deemed acceptance of
all such revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2,
5.3, 6 and 7 shall survive the termination or expiration of this Agreement.
If any provision of this Agreement or any other policy be held invalid
or unenforceable, that portion shall be construed in accordance with applicable
law as nearly as possible to reflect the original intention of the parties
and the remaining portions will continue in full force and effect. The
failure of CoventryPages to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a waiver
of any provision or right. This Agreement shall be governed by the laws
of the state or province of domicile of CoventryPages, excluding its conflict
of laws rules, and you and CoventryPages each submit to the exclusive
jurisdiction of the courts of that state or province. This Agreement is
personal to you and you may not assign your rights or obligations thereunder
to anyone. All logos, brand names, products, trademarks and service marks
appearing herein may be the trademarks or service marks of their respective
owners. References to any trademark, service mark and links to or from
CoventryPages have been done strictly for clarification and identification
and does not constitute endorsement by CoventryPages of the products,
services or information offered by the owner of such trademark, service
mark or link or endorsement of CoventryPages by such trademark, service
mark or link owner.