Terms Of Service:
1. ACCEPTANCE OF TERMS


AquaClassifieds.com (WE / US), and members of the AquaDot Network (ADN) provide services to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.aquaclassifieds.com/tos.php.

In addition, when using services provided by US, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS.

WE may also offer other services that are governed by different Terms of Service, and each of these sections may be updated at any time.

WE at our sole discretion may choose to change the terms, conditions and operation of this website at anytime. By using this service the user (YOU) waive any rights or claims YOU may have against Aquaclassifieds.com.


2. GENERAL DISCLAIMER

Aquaclassifieds.com makes no representations or warranties, express or implied, concerning the use of the various services provided, their accuracy, or the results that may be obtained from them, and makes no express or implied warranties of merchantability or fitness for a particular purpose. Aquaclassifieds.com shall not be liable for any damages or losses of any type arising from such use or content, and reserves the right to remove any advertisement, message and/or registrant from its list.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action.

You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

The failure of AquaClassifieds.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.


3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or AquaClassfieds.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WE have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

AquaClassifieds.com is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must have a parent or guardian contact AquaClassifieds.com to authorize an account creation. When the parent or guardian authorizes the creation of this account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed in the request. You also give your child permission to access all of the Services including, message boards, instant messages and chat (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child.

You, as parent or guardian have the right to request the termination of your child's account at ANY time. We make no warranty on the protection of your child's exposure to possible inappropriate material.

You agree that your account is non-transferable and any rights to your account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.


4. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not AquaClassifieds.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. AquaClassifieds.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will AquaClassifieds.com be liable in any way for any Content, including, but not limited to, for 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 Service.


You agree to not use the Service to:


  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a AquaClassifieds.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose (please read our complete Spam Policy);
  8. upload, post, email, transmit or otherwise make available any material 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;
  9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  12. "stalk" or otherwise harass another; or
  13. collect or store personal data about other users.

You acknowledge that AquaClassifieds.com may not pre-screen Content, but that AquaClassifieds.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, AquaClassifieds.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by AquaClassifieds.com or submitted to AquaClassifieds.com, including without limitation information in AquaClassifieds.com Message Boards, and in all other parts of the Service.

You acknowledge, consent and agree that AquaClassifieds.com may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of AquaClassifieds.com, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by AquaClassifieds.com and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.


5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE


Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.


6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE


AquaClassifieds.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant AquaClassifieds.com the following world-wide, royalty free and non-exclusive license(s), as applicable:


With respect to Content you submit or make available for inclusion on publicly accessible areas of AquaClassifieds.com message boards, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific AquaClassifieds.com service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or AquaClassifieds.com removes such Content from the Service.


With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than private areas of the AquaClassifieds.com message boards, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or AquaClassifieds.com removes such Content from the Service.


With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than private areas of the AquaClassifieds.com message boards, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Service are those areas of the AquaClassifieds.com website that are intended by AquaClassifieds.com to be available to the general public. By way of example, publicly accessible areas of the Service would include Message Boards and other areas that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of the message boards that are limited to members only, AquaClassifieds.com services intended for private communication such as private messages, or safe communication services, or areas off of the AquaClassifieds.com network of websites such as portions of World Wide Web sites that are accessible through via hypertext or other links but are not hosted or served by AquaClassifeds.com.

7. USE OF CLASSIFIEDS SERVICE

Users (YOU) agree that any correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Aquaclassifieds.com Classifieds, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Aquaclassifieds.com Classifieds shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers within our entire Classifieds.

Aquaclassifieds.com has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this website.

Aquaclassifieds.com makes its classifieds and forums available to all internet users. Please remember that any information (such as email addresses, tel. no. etc) disclosed in these areas becomes public and thus you should exercise caution when deciding to disclose your personal information.


8. COLLECTION OF DATA

Users' personal and contact information is collected by us to use for identification purposes only. We do not give, sell, trade or exchange our users' information with our any other websites on the internet without your permission. Demographic and profile data is also collected at our site. We use this data to tailor our visitor's experience at our site, providing them with content that we think they might be interested in, and displaying the content according to their preferences.

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.aquaclassifieds.com/privacy.php.


9. EMAIL SERVICES

All information provided by our users will not be shared with anyone else and only opt-in users will receive occasional promotional emails by us or our partners. We also provide an opt-out option where our users can choose to remove their information from our database and to stop receiving future communications and/or other forms of email-related services from us.


10. PREMIUM ADVERTISING

All information provided by our Premium Advertisers will not be disclosed or shared with any third-parties and is kept strictly for our recording purposes only. We will not contact our Premium Advertisers for any matters other than those related to advertising on Aquaclassifieds.com.


11. PREMIER LISTINGS

WE reserve the rights to reject or modify any premier listing that we feel are damaging to our society or the moral values of an average internet user. Such premier listings include sex-explicit listings or extreme religious or anti-religious listings. On any case of a change made to the original listing, the advertiser will be notified accordingly, but not necessarily.

If it is determined that fault lies with the lister, any and all fees paid to obtain a premier listing are forfeited.


12. ADVERTISING SERVICES (General Agreement)

We may take up to 7 business days to proof-read and launch an advertisement from the time the order is placed (but usually considerably less time).

We may take up to 48 hours to modify or renew advertising from the time the request is submitted (but usually in considerably less time).

Your advertising period starts only after your advertisement has been fully launched to all our pages or other related content. You will receive a 1 day bonus of free advertising for every advertisement ordered at the same time other orders are placed for advertisements.

We will send you a confirmation email within 48 hours from the time your order is placed (but usually considerably less time). By receiving this confirmation email does not mean that your advertisement has been fully launched to all our pages.

Advertisers reserve the right to cancel advertisements once they are launched to our servers, but forfeit any remaining time they have purchased. A request to modify an advertisement is permissible, but will require an additional 48 hour review process, and will only apply to the remainder of the time purchased for a select advertisement. You agree that you are not liable for refunds whatsoever once you have made and completed a payment (unless because of fraud or other critical reasons).


13. SECURITY PRECAUCTIONS

You will receive an account activation email upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify AquaClassifieds.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. AquaClassifieds.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section.


14. USE OF COOKIES

We use cookies to keep track of your login status, advertising information, and other service-related areas so that you will not be required to type in the same thing over and over again, and by tracking the status of your web browser to allow smooth retrievals.


15. PARTNERING WEBSITES

AquaClassifieds.com may at any time partner with other websites in the AquaDot Network. In relation to any partnered websites, Aquaclassifieds.com is not responsible for the privacy practices or the content of our partnering websites.

At no time will AquaClassifieds.com share personal information with partnered websites without your explicit permission.

You agree to indemnify and hold AquaClassifieds.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.


16. DEALINGS WITH ADVERTISERS / LISTERS

Your correspondence or business dealings with, or participation in promotions of, advertisers or listers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that AquaClassifieds.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.


17. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because AquaClassifieds.com has no control over such sites and resources, you acknowledge and agree that AquaClassifieds.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that AquaClassifieds.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.


18. AQUACLASSIFIEDS.COM PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by AquaClassifieds.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

AquaClassifieds.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by AquaClassifieds.com for use in accessing the Service.


19. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AQUACLASSIFIEDS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

AQUACLASSIFIEDS.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AQUACLASSIFIEDS.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.


20. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AQUACLASSIFIEDS.COM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AQUACLASSIFIEDS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.


21. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.


22. STATUTE OF LIMITATIONS

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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.


23. VIOLATIONS

Please report any violations of the TOS to our support group, at support@aquaclassifieds.com

Contact

If you have any questions regarding our disclaimers, privacy statement, the practices of this website or your dealings with Aquaclassifieds.com, you can contact a support representative: support@aquaclassifieds.com