This agreement is entered into between iMiniAds.com (hereinafter referred to as "iMiniAds.com") and the Individual and/or Company who registers with iMiniAds.com as a member to access or use the iMiniAds website and services (hereinafter referred to as "iMiniAds Site") under the terms and conditions (hereinafter referred to as the "Terms") set forth herein.
"iMiniAds.com" is the owner and developer of the iMiniAds.com Site. Title to and ownership of iMiniAds.com Site, including the source codes, databases and information contained therein shall remain exclusively with "iMiniAds.com" at all times.
2. Services Provided
iMiniAds.com Site is provided by iMiniAds.com on an as-is basis. The services provided are at the sole discretion of iMiniAds.com. iMiniAds.com will determine the appropriate time to make changes (either add, amend or delete) any service at iMiniAds.com's sole discretion.
3. Limitation and Termination/Refusal of Service
You acknowledge that iMiniAds.com may establish limits concerning use of the Service, including among others, the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that iMiniAds.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that iMiniAds.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that iMiniAds.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
iMiniAds.com shall have the right to refuse registration to any users because of misuse, spamming, or for any other reasonable business reason. You agree that iMiniAds.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if iMiniAds.com believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that iMiniAds.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
iMiniAds.com reserves the right to revise, add, remove, suspend, discontinue and/or modify any aspect of the iMiniAds.com Site including its features, specifications, capabilities, functions and other characteristics without your prior written notice or consent.
The iMiniAds.com Site may contain link/s to various internet applications. You shall have no right to request the removal or addition of such link/s.
4. Termination of Agreement
In the event of termination, you are no longer authorized to access iMiniAds.com Classifieds, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from iMiniAds.com Classifieds, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
iMiniAds.com reserves the right to amend its agreement with you, and if such amendments adversely impact your ability to conduct business for, through or in relation to the iMiniAds.com Site, you shall be free to terminate or cancel this agreement. Cancellation or termination of this agreement shall be your sole remedy and you shall be entitled to no refund of any kind or nature for any unused term of this agreement. You agree to waive all rights to claim or request of such refund (tangible or intangible).
Upon the termination of the agreement, iMiniAds.com reserves the right to delete from server(s) all information contained in such iMiniAds.com Site, including, but not limited to, postings, reviews, bookmarks, personal messages, user ratings and user statistics.
5. iMiniAds.com Site User Responsibility
You understand and agree to the following:-
* (a) To provide true, accurate and complete personal information as prompted during the sign up process and maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
* (b) You agree not to post, distribute, duplicate, copy any copyrighted material, registered trademarks or other privileged and confidential information without the prior written consent of the owners of such information, signed by the authorized party and confirm by way of company stamp.
* (c) You are solely responsible for any Content that you publish or display on the iMiniAds.com Site or transmit to other members and/or other website users (hereinafter referred to as "Published Content").
* (d) You are solely responsible for your listings of companies, businesses and persons on iMiniAds.com. iMiniAds.com will not monitor disputes between you and any entity which you have listed.
* (e) You agree that all postings made to the site are what you believe to be factual and accurate and that you will not intentionally provide misleading, false or defamatory information.
* (f) By posting your Published Content on the iMiniAds.com Site, you agree to, hereby do grant and have the right to grant iMiniAds.com, its affiliates, vendors, customers, users and the users of the iMiniAds.com Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, digitally publish, print publish, publicly display, and distribute such Published Content and to prepare derivative works of, or incorporate into other works including but not limited to digital media, print media, consumable, apparels, such Published Content.
6. iMiniAds.com Site Users Obligations, Conduct and Postings
You acknowledge and agree that termination of the iMiniAds.com Site membership under any provision of this agreement may be effected without prior notice. You further acknowledge and agree that iMiniAds.com may immediately deactivate or delete any offending postings, services and all related information and files in its servers and/or database and/or may bar any further access to such files or databases including but not limited to your posting capabilities of the iMiniAds.com Site. You further agree that iMiniAds.com shall not be liable to you or any third party for termination of your access to the iMiniAds.com Site.
You represent and warrant that you will not post , email, or otherwise make available Content that:-
* that violates any law;
* that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant iMiniAds.com all of the license rights granted herein;
* that is harmful, unlawful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
* 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;
* that impersonates any person or entity, including, but not limited to, an iMiniAds.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
* that includes personal or identifying information about another person without that person's explicit consent;
* that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
* that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
* that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the iMiniAds.com sites which are not designated for such purposes; or (2) emailed to iMiniAds.com users who have requested not to be contacted about other services, products or commercial interests;
* that includes links to commercial services or web sites, except as specifically allowed by iMiniAds.com;
* that promote or engage in the sale of illegal or harmful goods, services or activities;
* that promote, recommend services or activities that exploit people under the age of 21 in a sexual or violent manner;
* that attempts to establish contact or obtain contact information with people under the age of 21 for sexual or violent purposes;
* that contain or have links to obscene, pornographic, sexually explicit nature, defamatory, libelous and causing ill intent whether of criminal intent or not;
* 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;
* 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
* 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:
* contact anyone who has asked not to be contacted;
* "stalk" or otherwise harass anyone;
* collect personal data about other users for commercial or unlawful purposes;
* use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
* 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;
* post the same item or service in more than one classified category or forum, or in more than one metropolitan area; or
* attempt to gain unauthorized access to iMiniAds.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 iMiniAds.com website.
7. Limited License
You acknowledge and agree that wrongful use, in whole or in part, other than viewing, browsing and use as intended in the spirit of this agreement, is prohibited, without first obtaining iMiniAds.com's written consent, including, but not limited to:-
* (a) developing hidden pages or images, forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the iMiniAds.com Site;
* (b) interfering with, or disrupting the iMiniAds.com Site or networks connected to the iMiniAds.com Site;
* (c) removing or interfering with the design or operation of any element on the iMiniAds.com Site, including, but not limited to, copyright notices, trademarks, toolbars, watermarks, logos, postings, reviews or advertising banners on the iMiniAds.com Site;
* (d) modification, authoring, reproduction, creation of derivative works from, decompiling from object code to source code, cross-compiling, reverse engineering, reverse assembling or otherwise attempting to discover any source code, mirroring or exploiting any portion of the iMiniAds.com Site;
* (e) copying or attempting to copy the iMiniAds.com Site;
* (f) gaining or attempting to gain unauthorized access to any servers controlled by iMiniAds.com;
* (g) use any robot, spider, retrieval application to index or retrieve any portion of the iMiniAds.com Site;
* (h) collecting any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and transact with other iMiniAds.com users or members;
* (i) creating accounts by any automated or manual means for fraudulent activities or intent;
* (j) submitting copyrighted and patented materials without the legitimate owner's written consent;
* (k) creating content and postings that are false, defamatory or misleading or imply that such content is promoted, sponsored, endorsed by iMiniAds.com.com;
* (l) transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
* (m) using iMiniAds.com Site to store, illegal material that are deemed offensive, obscene and defamatory whether in plain or encrypted formats;
* (n) copying or storing Posted Content on the iMiniAds.com Site for other than your own personal use;
* (o) use the iMiniAds.com Site, intentionally or unintentionally, to violate any applicable local, national or international law;
* (p) attempt to or collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
8. iMiniAds.com Member Information Handling
iMiniAds.com maintains information about iMiniAds.com Site members on its servers, including but not limited to personal information, posting information and other relevant information. You understand and agree that iMiniAds.com may disclose to third parties aggregate information contained in Customer Registration Data or related data, provided that, such information will NOT include personally identifying information to anyone other than the company. Except in order to:-
* (a) comply with the law or legal process;
* (b) enforce this Agreement;
* (c) respond to claims that the iMiniAds.com Site user is engaged in activities that violate the rights of third parties;
* (d) protect the rights of the Company Service or others;
9. Usage of iMiniAds.com Services
You understand that in order to utilize the iMiniAds.com Site that:-
* (a) web-browsing software and access to the World Wide Web are necessary, either directly or through that access web-based content;
* (b) iMiniAds.com shall not be responsible for the payment of such service fees and/or charges related thereto, but not limited to obtaining or maintaining all telephone, internet access, computer hardware and other equipment needed for access to the iMiniAds.com Site and do not commit to support any particular browsing platform;
* (c) In the case where you are led to any site or service listed at iMiniAds.com Site that iMiniAds.com is not responsible for the result or experience that you may receive from the site listed and that you will not hold iMiniAds.com responsible for any injury, medical expenses, insurance claims, illness, misfortune or death resulting from an experience with the listings, messages, comments, files, images, photos, video, sounds, or any other material ("Content") at iMiniAds.com;
* (d) You will pay for whatever service you choose to participate in as listed by iMiniAds.com Site members and that iMiniAds.com will not be held liable for any debts, credits or defaults incurred by you;
* (e) You will be exposed to Content made available through the website, and that iMiniAds.com does not control and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, misleading or otherwise objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against iMiniAds.com with respect thereto. Furthermore, the iMiniAds.com site and Content available through the website may contain links to other websites, which are completely unrelated to iMiniAds.com. iMiniAds.com makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such site. If you enter into any correspondence or engage in commercial transactions with third parties or the sites listed in the iMiniAds.com Site in connection with your use of the iMiniAds.com Service, such activity whether commercial or personal, is solely at your own risk and between you and the applicable third party. iMiniAds.com shall have no implied liability, obligation or responsibility to get involved or arbitrate for any such activity. 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 iMiniAds.com be liable in any way for Content or for any loss or damage of any kind incurred as a result of the use of any Content listed, emailed or otherwise made available via the Service. You acknowledge that iMiniAds.com does not pre-screen or approve Content, but that iMiniAds.com will 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 spirit of the site or the Terms or for any other reason. You hereby release iMiniAds.com from all claims arising from such activity;
* (f) You shall be solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with Content posted on, transmitted through, or linked from the Service by you, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize iMiniAds.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the website and these Terms. For clarity, you retain all of your ownership rights in your Content. However, by submitting the Content to iMiniAds.com, you hereby grant iMiniAds.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the iMiniAds.com website and iMiniAds.com's (and its successors') business, including without limitation for promoting and redistributing part or all of the iMiniAds.com website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the iMiniAds.com website a non-exclusive license to access your Content through the website. The foregoing license granted by you terminates once you remove or delete Content from the iMiniAds.com website.
* (g) iMiniAds.com does not endorse any Content or any opinion, recommendation, or advice expressed therein, and iMiniAds.com expressly disclaims any and all liability in connection with user Content. iMiniAds.com does not permit copyright infringing activities and infringement of intellectual property rights on its website, and iMiniAds.com will remove all Content if properly notified that such Content infringes on another's intellectual property rights. iMiniAds.com reserves the right to remove Content without prior notice. iMiniAds.com will also terminate a user's access to its website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the website more than twice. iMiniAds.com reserves the right to decide whether Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. iMiniAds.com may remove such Content and/or terminate a user's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
10. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE IMINIADS.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE IMINIADS.COM SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, IMINIADS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. IMINIADS.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE IMINIADS.COM WEBSITE. IMINIADS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IMINIADS.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IMINIADS.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Some jurisdictions do not allow the exclusion of warranties or liabilities as provided above. A ccordingly, some of these exclusions may not apply to you.
11. Force Majeure
iMiniAds.com shall not be liable to you or anyone for any loss, expense or cost incurred by you resulting from the failure for not able to provide iMiniAds.com services due to causes beyond the reasonable control by iMiniAds.com, including but not limited to war, fire, explosions, strikes, acts of terrorism, acts of God, power failures, government priorities, labor stoppages, ill or absent employees, supplier failure or delay, civil disorder, computer hacking or attacks or breakdown or malfunction of utilities, communication systems, machinery, computers, transportation facilities or other equipment of any nature.
12. Limited Liability
IN NO EVENT SHALL IMINIADS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF IMINIADS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE IMINIADS.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE IMINIADS.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE IMINIADS.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE IMINIADS.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE IMINIADS.COM SITE OR THE SERVICE OR ANY LINKS ON THE IMINIADS.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE IMINIADS.COM SITE OR THE SERVICE OR ANY LINKS ON THE IMINIADS.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT IMINIADS.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The iMiniAds.com website is controlled and offered by iMiniAds.com from its facilities in Singapore. iMiniAds.com makes no representations that the iMiniAds.com Website is appropriate or available for use in other locations. Those who access or use the iMiniAds.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
13. Compliance to Local Law
The iMiniAds.com Site is provided for persons eighteen (18) years of age or older. Customer is responsible for compliance with all applicable local laws regarding such access.
14. Governing Law
Any controversy of claim between the parties hereto arising out of the Agreement shall be settled by arbitration in Singapore before a single impartial arbitrator under the Arbitration Court of Singapore.
15. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter thereof and supercedes all proposals, oral or written, all previous negotiation and all other communications between the parties with respect to the subject matter thereof. No modification, alteration or waiver of any provision herein contained shall be binding on the parties hereto unless evidenced by a written amendment signed by duly authorized representatives of both parties. Any terms or conditions of any purchase order or other instrument issued by the Customer which are in addition to or inconsistent with the terms and conditions of this Agreement shall not be binding on iMiniAds.com.
18. Contact and Violations.