2. The Registration Process.
2.1 Your Information.
In order to use or access certain features or functions of this Site, you are required to register with GVPS. In consideration for your use of this Site, you agree to: (a) provide true, accurate, current and complete information as prompted by the registration form; and (b) maintain and promptly update the registration information to keep it true, accurate, current and complete.
2.2 Account and Password Security.
At the time you submit your registration, you will create a password-protected account to access certain features or functions of this Site. You agree to keep your account information and password confidential and you are responsible for all activities that occur under your account. You agree to notify GVPS immediately of any actual or suspected unauthorized use of your account. GVPS will not be responsible for any loss to you caused by your failure to comply with these obligations.
3. Trademarks, LIMITATIONS ON USE Copyrights & Restrictions
3.1 All information displayed, transmitted or carried on the Penny Saver Web Site (including, but not limited to, directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video clips, trademarks, service marks and the like, collectively the "Content") is protected by copyright and other intellectual property laws. The Content is owned by Genesee Valley Penny Saver, its affiliates or third party licensors. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display, or in any way commercially exploit any of the Content or infringe upon trademarks or service marks contained in such Content. You agree to abide by all copyright notices and restrictions attached to any Content accessed through the Penny Saver Web Site, not to alter the Content in any way, and not to alter or remove any trademark, copyright or any other notice from copies of the Content. Permitted Use. You may make a single copy of the Content displayed on the Penny Saver Web Site for personal, noncommercial use only, provided that you do not remove any trademarks, copyright and any other notice contained in such Content. You shall not archive or retain any Content in any form without the written permission from Penny Saver Newspaper. You may not distribute (including via e-mail or the Internet), or otherwise make available, copies to others, whether or not for payment or other consideration, without the written permission from Genesee Valley Penny Saver. You may submit requests for permission to retain, distribute or reproduce to Penny Saver Permissions Desk, Genesee Valley Penny Saver, 1471 Route 15, Avon, NY, 14414 or write us via e-mail to: email@example.com.
3.2 Marks. All trademarks, service marks, logos, banners, and page headers displayed on this Site are the trademarks of GVPS or its Affiliates, including without limitation. Except as expressly set forth in this Agreement, you may not display, link to or otherwise use the Marks displayed on this Site without the prior written permission of GVPS or its Affiliates.
You are entirely responsible for all postings, messages, text, files, images, graphics, illustrations, photographs or other information or materials (the "Content") that you upload, post, email, transmit, publish or otherwise make available through this Site (collectively, "Publish"). By Publishing any Content on this Site, you represent and warrant: (a) you own or otherwise have all necessary rights, including but not limited to all Intellectual Property Rights, in and to the Content you provide and the rights to use the Content as provided in this Agreement; (b) all Content and other information you provide is true, accurate, current and complete and does not violate this Agreement; and (c) the Content will not cause injury to any person or entity. You agree not to Publish on this Site any Materials that: (i) are libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (ii) infringe or misappropriate the Intellectual Property Rights of any person or entity; (iii) are illegal in any way or which advocate illegal activity; (iv) contain advertisements or solicitations to purchase or sell goods or services or to make donations of any kind, including, but not limited to, junk mail, spam, chain letters, pyramid schemes or other forms of solicitation; or (v) contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines or code that may damage, detrimentally interfere with, intercept or expropriate this Site or any data or personal information maintained on this Site.
The copyrights in the Content contributed by users of this Site are held by the individual creators of that Content. For all Content you Publish on this Site, you grant GVPS and its Affiliates a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, copy, modify, create derivative works of, distribute, display, perform, archive and store, the Content, for any purpose, in any form, media, or technology of any kind now existing or developed in the future for the full term of any rights that may exist in the Content. The foregoing license includes, but is not limited to, GVPS's and its Affiliates' use of the Content in GVPS's and its Affiliates' educational, advertising, promotional and informational print and online publications and other media projects. You hereby waive any right to inspect or approve any versions of the Content or other use of the Content by GVPS and its Affiliates and any right to compensation for GVPS's or its Affiliates' use of the Content.
4.3 No Pre-Screening or Editing.
This Site offers photo galleries, bulletin boards, and forums for registered users to sell items through classified advertisements and GVPS's posting service, and other interactive areas where users can express opinions, share ideas and information. GVPS cannot and does not monitor all of the Content Published on this Site. GVPS does not control, and is not responsible for, and does not guarantee the accuracy, integrity or quality of, the Content made available through this Site by users of this Site. By using this Site, you may be exposed to Content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. By using this Site, you agree to accept such risks and you agree that GVPS is not responsible for the acts or omissions of users on this Site. You agree that you must evaluate, and bear all risks associated with, your use of and reliance on this Site and any of its Content. You also agree that under no circumstances will GVPS or its Affiliates be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via this Site. You acknowledge that GVPS does not pre-screen or pre-approve Content on this Site, but that GVPS has the right (but not the obligation) in its sole discretion to refuse, delete or edit any Content that is available through this Site, for any reason or for no reason.
5. Placing Ads Online
5.1 This Site is a Venue.
GVPS is not an auctioneer and is not acting as an auctioneer through this Site. This Site acts as a venue to allow anyone, subject to this Agreement and GVPS's applicable policies, guidelines and rules, to offer, sell, and post just about anything, at anytime, from anywhere. GVPS is not involved in the actual transaction between buyers and sellers. As a result, GVPS has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. GVPS cannot ensure that a buyer or seller will actually complete a transaction. GVPS does not transfer legal ownership of items from the seller to the buyer.
5.2 Identity Verification.
GVPS may use a variety of techniques to verify the accuracy of the information registered users provide to GVPS when they register on this Site. Because user verification on the Internet is difficult, GVPS cannot and does not confirm each user's purported identity. You may also wish to consider using a third party escrow service or services that provide additional user verification.
5.3 Posting and Selling.
(a) Listing Description. You must be legally able to sell the item(s) you list for sale on this Site. You must describe your item and all terms of sale on the listing page of this Site, however your terms of sale may not conflict with this Agreement and any conflicting terms will be null and void. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical. GVPS reserves the right to remove a listing at any time for any reason whatsoever, in its sole discretion.
(b) Fraud. Without limiting any of GVPS's other rights or remedies, GVPS may suspend or terminate your account if GVPS suspects (by evidence of conviction or settlement, from an insurance or escrow investigation, or otherwise) you have engaged in fraudulent activity or in the sale of counterfeit items through this Site.
(c) Manipulation. You may not manipulate the listed price of any item nor may you interfere with other user's listings or transactions. Without limiting any of GVPS's other rights or remedies, GVPS may, in its sole discretion, determine that you have engaged in such manipulation and may terminate your right to use this Site.
6. Unlawful Or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any GVPS website, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services, computer systems or networks connected to any GVPS server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
6.1 Access and Interference.
You agree that you will not: (a) use any robot, spider, scraper or other automated means to access this Site for any purpose without GVPS's express written permission; (b) take any action that imposes or may impose, in GVPS's sole discretion, an unreasonable or disproportionately large burden on GVPS's electronic infrastructure; (c) interfere or attempt to interfere with the proper working of this Site or any activities conducted on this Site; or (d) bypass other measures GVPS may use to prevent or restrict access to this Site.
7. Compliance with Laws
You agree to comply will all domestic and international laws, statutes, ordinances and regulations (collectively, "Laws") regarding your use of this Site and any services, features and functions of this Site, including without limitation, any Laws regarding your listing, purchase of, solicitation of offers to purchase, and sale of any items on or through this Site, and those Laws governing export control, consumer protection, unfair competition, antidiscrimination or false advertising.
GVPS reserves the right to review materials posted to the Site and to remove, at its sole discretion your Content from this Site or terminate or suspend your access to all or part of this Site, including, but not limited to, any Brighter/Vent forum, event postings, classified advertisements or story submissions or other interactive areas on this Site ("Communication Services"), for any reason or for no reason, including without limitation, breach of this Agreement. If your access to this Site is terminated, the restrictions and obligations in this Sections 2, 3, 4, 5.1, 6, 6.1, 7, 8, 9, 10, 11, 12, 13, 14 and 15 of this Agreement will survive any such termination. GVPS further reserves the right to terminate your access to any or all of the Site at any time, without notice, for any reason whatsoever. Always use caution when giving out any personally identifiable information on the Site. GVPS does not control or endorse the content, messages or information found in any Communication Services and, therefore, GVPS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.
You agree to indemnify GVPS and its Affiliates, and GVPS's and its Affiliates' officers, directors, employees, and agents from and against any and all third party claims, demands, liabilities, losses, costs, or expenses, including reasonable attorneys' fees, that arise from: (a) your use or misuse of this Site; (b) the Content you Publish on this Site; (c) the items you list, purchase, offer for sale, or sell on or through this Site; (d) any disputes that may arise with one or more users of this Site, including users of the classified advertisements or "posting" services; or (e) any other breach of this Agreement.
10. External Links
Links to other websites do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Links to other websites are provided by GVPS as a convenience to its users. GVPS is not responsible for the materials contained at any website linked to this site.
THIS SITE IS PROVIDED BY GVPS ON AN "AS IS" BASIS. GVPS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE CONTENT OR THE MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GVPS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
12. Limitation of Liability
IN NO EVENT WILL GVPS OR ITS AFFILIATES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, OR THE CONTENT OR THE MATERIALS AVAILABLE THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST DATA, OR INTERRUPTION OF BUSINESS, EVEN IF GVPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT WILL GVPS'S OR ITS AFFILIATES' TOTAL CUMULATIVE LIABILITY RELATING TO THIS AGREEMENT, THIS SITE OR ANY OF THE SERVICES, FEATURES OR FUNCTIONS OFFERED THROUGH THIS SITE, EXCEED THE AMOUNT OF FEES RECEIVED BY GVPS FROM YOU IN THE 6 MONTHS PRIOR TO THE EVENTS GIVING RISE TO SUCH LIABILITY.
13. Jurisdictions and Venue
This Site is created, operated and controlled by GVPS from its offices within the State of New York, U.S.A. GVPS makes no representation or warranty that the Materials or the Content available through this Site are appropriate or available for use in other locations. If you choose to access this Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. This Agreement is governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of this Site will be filed only in the state or federal courts located in the State of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in full force and in effect. This Agreement constitutes the entire agreement between you and GVPS concerning your use of this Site. If you have any questions in connection with this Agreement, please send a written inquiry to GVPS at:
Genesee Valley Penny Saver
1471 Route 15
Avon, NY 14414