Terms
Updated August 1, 2015
Objectives/Content:
LikeFollyBeach.com is a
web site (the "Site") that hosts classified advertising and related
content created and developed by third-party users.
Your use of the Site,
including all access, services and/or features, is governed by these Terms of
Use and the
Privacy
Policy
(collectively, "Terms"), and you
should review both carefully.
By using the Site in any way, you are agreeing to
comply with these Terms.
The Site reserves the right to change the Terms
at any time and for any reason. Updated versions of the Terms will be posted to
the Site at backpage.com and you should visit this page periodically to keep
apprised of any changes. By continuing to use the Site after any such change,
you accept and agree to the modified Terms. The Site reserves the right to
modify or discontinue, temporarily or permanently, the Site, any site features,
benefits (including without limitation blocking or terminating your Account),
rules or conditions, all without notice, even though such changes may affect
the way you use the Site. You agree that the Site will not be liable to you or
any third-party for any modification or discontinuance of the Site.
User Conduct:
Without limitation, you agree to refrain from
the following actions while using the Site:
1. Harassing, threatening, embarrassing or
causing distress or discomfort upon another individual or entity or
impersonating any other person or entity or otherwise restricting or inhibiting
any other person from using or enjoying the Site;
2. Transmitting any information, data, text,
files, links, software, chats, communication or other materials that is
unlawful, false, misleading, harmful, threatening, abusive, invasive of
another's privacy, harassing, defamatory, vulgar, obscene, hateful or racially
or otherwise objectionable, including without limitation material of any kind
or nature that encourages conduct that could constitute a criminal offense,
give rise to civil liability or otherwise violate any applicable local, state,
provincial, national, or international law or regulation, or encourage the use
of controlled substances;
3. Posting advertising or solicitation in
categories that is not appropriate, or posting the same item or service in more
than one category or more than once every 7 days;
4. (a) Posting adult content or explicit adult
material unless: (i) such material is specifically permitted in designated
adult categories and permitted under applicable federal, state, and local law;
and (ii) you are at least 18 years of age or older and not considered to be a
minor in your state of residence;
(b) Posting, anywhere on the Site, obscene or lewd and lascivious graphics or
photographs which depict genitalia or actual or simulated sexual acts, as
determined in the sole discretion of backpage.com;
(c) Posting any solicitation directly or in “coded” fashion for any illegal
service exchanging sexual favors for money or other valuable consideration;
(d) Posting any material on the Site that exploits minors in any way;
(e) Posting any material on the Site that in any way constitutes or assists in
human trafficking.
5. Posting any ad for products or services, use
or sale of which is prohibited by any law or regulation;
6. Sending mail, e-mail, voice messages or faxes
for solicitation of any other product, or service to a user of the Site unless
the user has granted permission in their ad or otherwise allowed contact for
solicitation;
7. Deleting or revising any material posted by
any other user;
8. Interfering with or infringing the patents,
copyrights, trademarks, service marks, logos, confidential information or
intellectual property rights of others;
9. Using any automated device, spider, robot,
crawler, data mining tool, software or routine to access, copy, or download any
part of the Site unless expressly permitted by the Site;
10. Taking any action creating a
disproportionately large usage load on the Site unless expressly permitted by
the Site:
11. Sending messages or engaging in disruptive
or damaging activities online, including excessive use of scripts, sound waves,
scrolling, or use of viruses, bots, worms, time bombs, Trojan horses or any
other destructive element;
12. Gaining or attempting to gain unauthorized access
to non-public areas of the Site. In addition, if you have a password to a
non-public area of the Site, you may not disclose to, or share your password,
with any third parties and/or use your password for unauthorized purposes;
13. Attempting to decipher, decompile,
disassemble or reverse engineer any of the software comprising or in any way
making up all or any part of the Site; modifying any meta data, copying or
duplicating in any manner any of the content; framing of or linking to any of
the Site, its content or information available from the Site without the
express written consent of agents of the Site;
14. Discriminating on the grounds of race,
religion, national origin, gender, disability, age, marital status, sexual
orientation, or refers to such matters in any manner prohibited by law;
15. Posting any employment ads violating the
anti-discrimination provisions of the Immigration and Nationality Act or
messages which violate any law or regulation;
16. Using the Site to engage in or assist another
individual or entity to engage in fraudulent, abusive, manipulative or illegal
activity.
17. Posting free ads promoting links to
commercial services or web sites except in areas of the Site where such ads are
expressly permitted;
18. Posting any material advertising weapons the
use, carrying, or advertising of which is prohibited by applicable federal,
state, or local law.
You are solely responsible for complying with any
and all laws and/or regulations applicable to the transfer of firearms under
both applicable local, state and federal laws.
The transfer of
firearms is heavily regulated and restricted, and failure to strictly comply
with all such laws is a serious crime and may result in criminal prosecution.
All transfers of firearms, whether by sale, lease or loan, including private
transactions, must go through a
licensed firearms dealer. Any
exception to these laws, such as air guns, knives, accessories, certain
antiques, and some gun parts that may not require transfer by a licensed
dealer, should be first confirmed by you prior to purchase. It is your
responsibility to comply with all such laws, including any and all city,
county, state and Federal laws when accessing or using this site. It is also
your responsibility to locate one or more licensed firearm dealers in your area
and/or the area of any buyer or seller listing here who are able and willing to
assist you with any such transfer. We do not offer any assistance with respect
to locating a licensed dealer for your transaction or otherwise with respect to
your transaction. By listing any firearm, you represent and warrant to us that
you legally own and possess the item you wish to list here and have fully
complied with and will continue to fully comply with all laws and regulations
applicable to your listing, transfer and/or sale. By agreeing to purchase any
firearm, you represent and warrant to us that you are of legal age, and are not
otherwise prohibited by law from purchasing, transferring, owning, or
possessing the firearm listed, and that you have fully complied with and will
continue to fully comply with all laws and regulations applicable to your
transfer or purchase;
Please report any violations of these Terms
to:
support@LikeFB.com
You agree to comply with all applicable laws,
statutes, regulations, and ordinances concerning your use of the Site.
Use of Materials:
Any ads or messages that you post, transmit, or
otherwise make available for viewing on public areas of the Site will be
treated as non-confidential and non-proprietary to you. You understand and
agree that any such ads and messages may be used by the Site or our affiliates,
without review or approval by you, for any purpose whatsoever, and in any
medium, including our print media, if any. You grant the Site (and our
affiliates) the irrevocable right to use and/or edit your ads and messages,
without review or approval by you, for any purpose whatsoever, including,
without limitation, reproduction, disclosure, transmission, publication, broadcast,
posting, and advertising in any media in perpetuity without notice or
compensation to you.
Fair Housing:
All real estate advertising is subject to Title
VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended. Title VIII
of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits
discrimination in the sale, rental, and financing of dwellings, and in other
housing-related transactions, based on race, color, national origin, religion,
sex, familial status (including children under the age of 18 living with
parents or legal custodians, pregnant women, and people securing custody of
children under the age of 18), and handicap (disability). The Site will not
knowingly accept any real estate advertising which is in violation of any
applicable law. Users are hereby informed that all dwellings advertised on the
Site are available on an equal opportunity basis. To complain of discrimination
call HUD toll-free at 1-800-669-9777. The toll-free number for the hearing
impaired is 1-800-927-9275.
You acknowledge and agree that you will not
submit or post any ad which discriminates based on race, color, national
origin, religion, sex, sexual orientation, familial status and /or
handicap/disability. If you see any ad or posting which discriminates based on
any of the above factors, you are encouraged, in addition to contacting HUD, to
report such ad or posting by clicking on the “Report this Ad” link located on
the ad page. You understand that we shall have the right, but not the
obligation, to remove, edit or delete any ad.
Termination of Access:
The Site has the right terminate your access for
any reason if we believe you have violated these Terms in any manner. You agree
not to hold the Site liable for such termination, and further agree not to
attempt to use the Site after termination.
No Third Party Beneficiaries:
You agree that, except as otherwise provided in
this Terms of Use, there shall be no third party beneficiaries to these Terms.
Copyright and Trademarks:
All materials on the Site, including without
limitation, logos, images, text, illustrations, audio and video files are
protected by copyrights, trademarks, service marks, or other proprietary rights
which are either owned by or licensed to the Site or owned by other parties who
have posted on the Site. Materials from the Site and from any other web site
owned, operated, controlled, or licensed by the Site may not be copied,
reproduced, republished, uploaded, posted, transmitted, or distributed in any
way.
In posting content on the Site, you grant the
Site, and its owners and licensees, the right to use, reproduce, distribute,
translate, modify, adapt, publicly perform, publicly display, archive and
create derivative works from the posted content.
Notification 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 provide the following information
to the Site’s Copyright Agent:
1. An electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright or other
intellectual property interest;
2. A description of the copyrighted work or
other intellectual property that you claim has been infringed;
3. A description of where the material that you
claim is infringing is located on the Site;
4. Your name, address, telephone number and
e-mail address;
5. A signed 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; and
6. A statement by you, made under penalty of
perjury, that the information provided in your Notice is accurate and that you
are the copyright or intellectual property owner or authorized to act on the
copyright or intellectual property owner’s behalf.
Our copyright agent can be reached at:
Email: support@LikeFB.com (Please put Copyright Infringement in the subject line)
The Site may, under appropriate circumstances
and at our own discretion, disable and/or terminate the accounts of users who
may be repeat infringers.
Contact Us:
Email: Contact us
Telephone: +1 740 74FOLLY (36559)
Correspondence
LikeFollyBeach
PO Box 181
Folly Beach, SC 29439
Privacy Policy:
The Site has created a Privacy Policy setting
forth how information collected about you is collected, used and stored. Your
use of the Site constitutes acknowledgment and agreement with our privacy
policy. You further acknowledge and agree that The Site may use your personal
information in the manner described in our
Privacy
Policy
.
Posting of Ads:
You understand that each time you post an ad on
this Site or otherwise use the Site, you agree to these Terms. By agreeing to
these Terms, you acknowledge that the Site may send you e-mail messages telling
you about products and services offered by the Site (or its affiliates and
partners) You understand and agree that such communications are part and parcel
of your registration for and use of the Site; if you do not wish to receive
further communications from the Site (or its affiliates and partners), you must
cancel your registration by sending a cancellation notice to
support@LikeFB.com. If you choose to receive mobile notifications concerning any ad,
you agree that we may send automated text messages to your mobile phone. If you
do not wish to receive such text messages, you should not accept the mobile
notifications option. We will not send you any marketing or advertising by text
messages. Message and data rates may apply for mobile notifications.
Fees:
The Site may impose a fee on the posting of
Content in certain areas of the Site. Users uploading Content to fee-based
areas are responsible for such Content and for compliance with these Terms.
Under no circumstances will the Site provide a refund in the event that Content
is removed from fee-based areas for violation of these Terms.
Links:
The Site has no control over and is not
responsible for the content of or claims made on websites that may be linked to
or from the Site, whether or not they may be affiliated with the Site. Any
websites linked to or from the Site are for your convenience only, and you
access them at your own risk.
Release:
The Site assumes no responsibility for the
accuracy, currency, completeness or usefulness of information, views, opinions
or advice in any material contained on the Site. In addition, it does not endorse
any opinions or recommendations posted by others. Any information posted on the
Site is the responsibility of the person or persons posting the message. Any
user who violates the Terms may be permanently banned from posting ads or using
the Site. You understand that all postings, ads, messages, advertisements,
photos, sounds, images, text, files, video or other materials (collectively
"Content") posted on, transmitted through, or linked from the Site,
are solely the responsibility of the person from whom such Content originated.
You understand that the Site does not control, and is not responsible for
Content available on the Site. You agree that the Site does not pre-screen,
monitor or approve any Content, but that the Site shall have the right, but not
the obligation to remove, move (including moving an ad or posting to another
section or category within the classifieds), refuse, edit or delete any Content
for any reason whatsoever. The Site shall not be responsible for any
interaction between you and the other users of the Site. Your dealings with
others through the Site are solely between you and such other parties. Under no
circumstances will the Site be liable for any goods, services, resources or
content available through such third party dealings or communications, or for
any harm related thereto. The Site is under no obligation to become involved in
any disputes between you and other users of the Site or between you and any
other third parties.
You agree that our service is a venue for
posters and users of the Site. In the event that you have a dispute with any
user of the Site, you agree that the Site is under no obligation to become
involved. You further agree to release the Site from any and all claims,
demands, and damages arising out of or in connection with such dispute.
You are entirely responsible and liable for any
ad content you post or any ad that is posted through your Account.
The Site does not offer any refunds for the
early cancellation of paid sponsor ads or paid print ads. We do not issue
credits or refunds due to our extremely low rates and minimal administrative
staff.
You acknowledge, consent and agree that the Site
may access, preserve and disclose your account information and Content you
upload, post, or otherwise make available on the Site if required to do so by
law or in a good faith belief that such access, preservation or disclosure is
reasonably necessary to: (i) comply with legal process; (ii) comply with legal
requirements imposed by Federal, State or Local law or authorities (iii)
enforce these Terms; (iv) respond to claims that any Content violates the
rights of third parties; (v) respond to your requests for customer service; or
(vi) protect the rights, property or personal safety of the Site, its users and
the public.
Disclaimer of Warranties for Site:
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT
YOUR OWN RISK. THE SITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THESE
CLASSIFIEDS. THE SITE 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, TITLE AND NON-INFRINGEMENT.
THE SITE MAKES NO WARRANTY THAT ITS CLASSIFIEDS OR USE OF THE SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. THE SITE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL,
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability:
The information, services and products available
to you on this Site may contain errors and are subject to periods of
interruption. While the Site does its best to maintain the information,
services and products it offers on the Site, it cannot be held responsible for
any errors, defects, lost profits or other consequential damages arising from
the use of the Site.
IN NO EVENT SHALL THE SITE OR ITS AFFILIATES,
OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS,
SUPPLIERS, OR PARTNERS (COLLECTIVELY "INDEMNIFIED PARTIES") BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM
OR IN ANY WAY CONNECTED OR RELATING TO (i) THE USE OF (OR INABILITY TO USE), OR
PERFORMANCE OF THIS SITE, (ii) ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED
THROUGH THIS SITE, OR (iii) ANY INTERACTION BETWEEN YOU AND OTHER PARTICIPANTS
OF THE SITE, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY
AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST,
ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON AUTHORIZED TO USE YOUR ACCOUNT,
INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. BY
USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE
INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE SITE
OR PARTICIPATION IN ANY SITE'S ACTIVITIES.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY
PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND
EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE.
Indemnity:
You agree to indemnify and hold harmless the
Indemnified Parties from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your use of the Site,
the violation of these Terms by you, or the infringement by you, or other users
of the Site using your computer, of any intellectual property or other right of
any person or entity. The Site reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you.
General:
These Terms constitute the entire agreement
between you and the Site and govern your use of the Site, superseding any prior
agreements between you and the Site. You also may be subject to additional
terms and conditions that may apply when you use affiliate services, third-party
content or third-party software, or visit another site linked to by this Site.
The section titles in these Terms are for convenience only and have no legal or
contractual effect.
Violations:
Please report any violations of these Terms
to:
support@likeFB.com
Severance and Waiver:
You acknowledge and agree that if any provision
of these Terms shall be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from these Terms and shall not affect
the validity and enforceability of any remaining provisions. Furthermore, if
any provision of these 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.
The Site's failure to exercise or enforce any
right or provision of these Terms shall not constitute a waiver of such right
or provision unless acknowledged and agreed to by the Site.