Terms
GSG AUDIO DESIGN, LLC (“GSG”) through the MARTYSUB CLASSIFIED ADS and the CLASSIFIED-ADS.GSGAD.COM website provides a collection of online resources, including classified ads and various messaging services, (referred to hereafter as the "Service") subject to the following Terms of Use ("Terms").
By using the Service in any way, you are agreeing to comply with the Terms. When you use the Service, you agree to abide by any applicable guidelines which may change from time to time. Should you object to any term or condition of the Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with GSG or the Service in any way, your only recourse is to immediately discontinue use of the Service. GSG has the right, but is not obligated, to strictly enforce the Terms through self-help, community moderation, active investigation, litigation, and prosecution.
MODIFICATIONS TO THIS AGREEMENT
We may, at any time, and at our sole discretion, modify these Terms of Use with or without notice to the User. Any such modification will be effective immediately upon public posting. Your continued use of our Service and this Site following any such modification constitutes your acceptance of these modified Terms. You can find the most recent version of the Terms by visiting http://classified-ads.gsgad.com and clicking on the link to “TERMS” in the footer.
CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that GSG does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the GSG site and Content available through the Service may contain links to other websites, which are completely independent.
GSG makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. 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 GSG 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 the Service. You acknowledge that GSG does not pre-screen or approve Content, but that GSG shall 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 letter or spirit of the Terms or for any other reason.
THIRD PARTY CONTENT, SITES, AND SERVICES
The website and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of GSG, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that GSG shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
DISPUTES AMONG USERS
If there is a dispute between participants on this site, or between users and any third party, you understand and agree that GSG is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release GSG, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify GSG us immediately at:
[email protected]
GSG will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
CONDUCT
Generally, if you use common sense, you will be fine. However, sometimes folks lack common sense, so here is what you agree not to do.
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in any sexual conduct;
c) 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;
d) that impersonates any person or entity, including, but not limited to, a GSG employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
e) that includes personal or identifying information about another person without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful, or constitutes "bait and switch";
g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) that constitutes, facilitates, or contains any form of advertising, offers, or solicitation if: posted in areas of the GSG sites which are not designated for such purposes; or emailed to GSG users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;
i) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.
j) 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;
k) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service;
l) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
m) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by GSG;n) attempt to gain unauthorized access to GSG’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 GSG website; or
o) use any form of automated device or computer program that enables the submission of postings on GSG without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals, unless otherwise approved in writing by GSG; or
p) use any form of automated device or computer program ("flagging tool") that enables the use of GSG’s "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these Terms.
PRIVACY AND INFORMATION DISCLOSURE
GSG believes that your private information should remain private. We do not sell user’s private information and we do not SPAM users of the Service. From time to time, we may contact you with respect to an offer related to something in which you have expressed interest.
Additionally, you acknowledge and agree that GSG may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of GSG, its users or the general public.
NO SPAM POLICY
Any unauthorized use of GSG’s computer systems for sending unsolicited email advertisements to GSG email addresses or through GSG computer systems is expressly prohibited by these Terms and is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the Terms. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the Terms.
LIMITATIONS ON SERVICE
You acknowledge that GSG may establish limits concerning use of the Service, including 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 GSG has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that GSG reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that GSG shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
ACCESS TO THE SERVICE
GSG grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by GSG. A limited exception to (b) is provided to internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
Use of the Service beyond the scope of authorized access granted to you by GSG immediately terminates said permission or license.
TERMINATION OF SERVICE
You agree that GSG, 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 GSG believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that GSG 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. Sections of the Terms that may survive termination will do so.
Although GSG does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to GSG an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant GSG all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE GSG SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE GSG SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, GSG DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE GSG SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, GSG DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE GSG SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE GSG SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, GSG DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE GSG SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL GSG BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF GSG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE GSG SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE GSG SITE OR THE SERVICE, FROM INABILITY TO USE THE GSG SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE GSG 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 GSG SITE OR THE SERVICE OR ANY LINKS ON THE GSG SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GSG SITE OR THE SERVICE OR ANY LINKS ON THE GSG SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
INDEMNITY
You agree to indemnify and hold GSG, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
GENERAL INFORMATION
The Terms constitute the entire agreement between you and GSG and govern your use of the Service, superseding any prior agreements between you and GSG. The Terms and the relationship between you and GSG shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and GSG agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, California. The failure of GSG to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms by flagging the posting(s) for review, or by contacting us.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for GSG to pursue legal action to enforce these Terms, you will be liable to pay GSG the following amounts as liquidated damages, which you accept as reasonable estimates of GSG’s damages for the specified breaches of these Terms:
- If you post a listing and/or a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay GSG five hundred dollars ($500) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
- If GSG establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay GSG fifty ($50) for each listing and/or message posted in excess of such limits or for each day on which you access GSG in excess of such limits, whichever is higher.
- If you send unsolicited email advertisements to GSG email addresses or through GSG computer systems, you agree to pay GSG twenty five dollars ($25) for each such email.
- If you post Content in violation of the Terms, other than as described above, you agree to pay GSG fifty dollars ($50) for each Item of Content posted. In its sole discretion, GSG may elect to issue a warning before assessing damages.
- If you are a Posting Agent that uses the Service in violation of the Terms, in addition to any liquidated damages under clause (d), you agree to pay GSG fifty dollars ($50) for each and every Item you post in violation of the Terms. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the Terms) agrees to pay GSG an additional fifty dollars ($50) for each Item posted by the Posting Agent on behalf of the Principal in violation of the Terms.
- If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without GSG’s express written permission, you agree to pay GSG two thousand dollars ($2,000) for each day on which you engage in such conduct.
TAXES
Buyers and sellers who connect through the website are responsible for paying their taxes, including collecting, filing, and remitting sales taxes, use taxes, and any other taxes where applicable. GSG collects sales tax in locations where it believes that it has the responsibility to do so and we believe that others should do the same.