Effective July 30, 2012.
Aglisting is a listing service of Big Industry and Geographical Super Stores, LLC ("BIGSS") that allows Members to create personal profiles and listings online in order to find and communicate with existing and potential buyers or clients. The services offered by BIGSS include the Aglisting web site (the "Aglisting Web Site") and any other features, content, or applications offered from time to time by BIGSS in connection with the Aglisting Web Site (collectively, the "Aglisting Services"). The Aglisting Services are hosted in the U.S.
BIGSS may modify this Agreement from time to time and such modification shall be effective upon posting by BIGSS on the Aglisting Web Site. You agree to be bound to any changes to this Agreement when you use the Aglisting Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on Aglisting and that you provide to other Users and Visitors. Your Aglisting listings may not include the following items: any photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Aglisting Members (for instance, in their listings) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and BIGSS assumes no responsibility or liability for this material. If you become aware of misuse of the Aglisting Services by any person, please contact Aglisting.
BIGSS reserves the right, in its sole discretion, to reject, refuse to post or remove any listing by you, or to restrict, suspend, or terminate your access to all or any part of the Aglisting Services at any time, for any or no reason, with or without prior notice, and without liability. BIGSS expressly reserves the right to remove your account and/or restrict, suspend, or terminate your access to any part of Aglisting Services if BIGSS determines, in its sole discretion, that you pose a threat to Aglisting and/or its Users.
- Eligibility. Use of and Membership in the Aglisting Services is void where prohibited. By using the Aglisting Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Aglisting Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
- Term. This Agreement shall remain in full force and effect while you use the Aglisting Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. BIGSS may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
- Fees. You acknowledge that BIGSS reserves the right to charge for the Aglisting Services and to change its fees from time to time in its discretion. If BIGSS terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any portion of fees.
- Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, user name, or password of another Member at any time or to disclose your password to any third party. You agree to notify Aglisting immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- Limited Commercial Use by Members. The Aglisting Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by BIGSS. Illegal and/or unauthorized use of the Aglisting Services, including collecting user names and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Aglisting Web Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member listing without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Aglisting Services.
Proprietary Rights in Content on Aglisting.
- BIGSS does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Aglisting Services. After posting your Content to the Aglisting Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Aglisting Services, you hereby grant to BIGSS a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Aglisting Services.
- You grant BIGSS a limited license to use your listing in whole or in part in demonstrations and advertisements for the purpose of promoting the Aglisting service. You may opt out a listing or listings by notifying Aglisting at opt-out at Aglisting dot com.
- You represent and warrant that: (i) you own the Content posted by you on or through the Aglisting Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Aglisting Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Aglisting Services.
- The Aglisting Services contain Content of Aglisting ("Aglisting Content"). Aglisting Content is protected by copyright, trademark, patent, trade secret and other laws, and BIGSS owns and retains all rights in the Aglisting Content and the Aglisting Services. BIGSS hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Aglisting Content (excluding any software code) in connection with viewing the Aglisting Web Site and using the Aglisting Services.
- The Aglisting Services contain Content of Users and other Aglisting licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Aglisting Services.
- BIGSS may delete any Content that in the sole judgment of BIGSS violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. BIGSS assumes no responsibility for monitoring the Aglisting Services for inappropriate Content or conduct. If at any time BIGSS chooses, in its sole discretion, to monitor the Aglisting Services, BIGSS nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
- You are solely responsible for the Content that you post on or through any of the Aglisting Services, and any material or information that you transmit to other Members and for your interactions with other Users. BIGSS does not endorse and has no control over the Content. Content is not necessarily reviewed by BIGSS prior to posting and does not necessarily reflect the opinions or policies of BIGSS. BIGSS makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
The following is a partial list of the kind of Content that is illegal or
prohibited to post on or through the Aglisting Services. BIGSS reserves the
right to investigate and take appropriate legal action against anyone who,
in BIGSS's sole discretion, violates this provision, including without
limitation, removing the offending communication from the Aglisting
Services and terminating the Membership of such violators. Prohibited
Content includes, but is not limited to Content that, in the sole
discretion of BIGSS:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person or group;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult web site;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without BIGSS's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent; or
- uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the listing.
- criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement,
- covering or obscuring the advertisements on your listing pages, or any Aglisting page via HTML/CSS or any other means;
- any automated use of the system, including, but not limited to: using scripts, or mass downloads of listing photo resources;
- interfering with, disrupting, or creating an undue burden on the Aglisting Services or the networks or services connected to the Aglisting Services;
- attempting to impersonate another Member or person;
- using the account, user name, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the Aglisting Services in order to harass, abuse, or harm another person;
- using the Aglisting Services in a manner inconsistent with any and all applicable laws and regulations.
- A listing, purchased or otherwise provisioned may not be modified, changed, altered, or otherwise altered in any way as to represent a distinct other entity or property once it has been publicly listed to represent its original entity or property.
- Your distinct account may not contain listings for another distinct person or organization. For example, a real estate agent may not create listings for other agents, affiliated or unaffiliated, in order to circumvent membership fees requirements for other entity/agent(s).
- Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of BIGSS to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to BIGSS by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Aglisting Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Aglisting Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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.
- Member Disputes. You are solely responsible for your interactions with other Aglisting Members. BIGSS reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Limitation on Liability. IN NO EVENT SHALL AGLISTING OR BIG INDUSTRY AND GEOGRAPHICAL SUPER STORES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BIG INDUSTRY AND GEOGRAPHICAL SUPER STORES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BIG INDUSTRY AND GEOGRAPHICAL SUPER STORES' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BIG INDUSTRY AND GEOGRAPHICAL SUPER STORES FOR THE AGLISTING SERVICES DURING THE TERM OF USAGE.
- Disclaimers. BIGSS is not responsible for any incorrect or inaccurate Content posted on the Aglisting Web Site or in connection with the Aglisting Services, whether caused by Users of the Aglisting Services or by any of the equipment or programming associated with or utilized in the Aglisting Services. Listings created and posted by Members on the Aglisting Web Site may contain links to other web sites. BIGSS is not responsible for the Content, accuracy or opinions expressed on such web sites, and such web sites are in no way investigated, monitored or checked for accuracy or completeness by BIGSS. Inclusion of any linked web site on the Aglisting Services does not imply approval or endorsement of the linked web site by BIGSS. When you access these third-party sites, you do so at your own risk. BIGSS takes no responsibility for third party advertisements which are posted on this Aglisting Web Site or through the Aglisting Services, nor does it take any responsibility for the goods or services provided by its advertisers. BIGSS is not responsible for the conduct, whether online or offline, of any User of the Aglisting Services. BIGSS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. BIGSS is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Aglisting Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Aglisting Services. Under no circumstances shall BIGSS be responsible for any loss or damage, including personal injury or death, resulting from use of the Aglisting Services, from any Content posted on or through the Aglisting Services, or from the conduct of any Users of the Aglisting Services, whether online or offline. The Aglisting Services are provided "AS-IS" and as available and BIGSS expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BIGSS cannot guarantee and does not promise any specific results from use of the Aglisting Services.
- U.S. Export Controls. Software available in connection with the Aglisting Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Aglisting Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
- Disputes. If there is any dispute about or involving the Aglisting Services, you agree that the dispute shall be governed by the laws of the State of Iowa, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Iowa, and the United States District Court for the Southern District of Iowa.
- Indemnity. You agree to indemnify and hold BIGSS, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Aglisting Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Aglisting Web Site or through the Aglisting Services causes BIGSS to be liable to another.
- Listing Modification. BIGSS reserves the right to modify any listing in any way when such modification is deemed by BIGSS necessary to bring said listing into compliance with this Agreement. Further, BIGSS may modify a listing for quality control purposes including, but not limited to, the following modification types: correction of typos, changes at the request of the User, changes resulting from customer support activities and changes to utilize new or under-utilized Aglisting features.
- Other. This Agreement is accepted upon your use of the Aglisting Web Site or any of the Aglisting Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and BIGSS regarding the use of the Aglisting Services. The failure of BIGSS to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Aglisting is a trademark of BIGSS, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Contact Aglisting with any questions regarding this Agreement.
This policy was last modified on July 30, 2012.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.