MyRVNetwork.com - Terms of Service
1. Acceptance of Terms
MyRVNetwork.com provides a collection of online resources, including classified
ads, forums, and various information services, (referred to hereafter as "the
Service") subject to the following Terms of Use ("Terms"), which may be
updated by MyRVNetwork.com from time to time. You can review the most current
version of the Terms at:http://www.MyRVNetwork.com/termsofservice.php.
By using the Service in any way, you are agreeing to comply with these Terms.
In addition, when using particular MyRVNetwork.com services, you agree to abide
by any applicable posted guidelines for all MyRVNetwork.com services, which may change from time
to time. Should you object to any term or condition of these Terms, any
guidelines, or any subsequent modifications thereto or become dissatisfied
with MyRVNetwork.com in any way, your only recourse is to immediately
discontinue use of MyRVNetwork.com.
2. 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 all Content that you post, email or otherwise
make available via the Service. You understand that MyRVNetwork.com does not
control, and is not responsible for all of the 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 MyRVNetwork.com site and Content available
through the Service may contain links to other websites, which are
completely independent of MyRVNetwork.com. MyRVNetwork.com makes no representation
or warranty as to the accuracy, completeness or authenticity of the
information contained in any such site. Your linking to any other webites
is at your own risk. 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 MyRVNetwork.com 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 MyRVNetwork.com does not
pre-screen or approve Content, but that MyRVNetwork.com 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.
3. 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 MyRVNetwork.com's agent for notice of claims
of copyright or other intellectual property infringement ("Agent"), at
info@myrvnetwork.com or you may fax us at 650-423-3984
Please provide our Agent with the following Notice:
1. Identify the copyrighted work or other intellectual property that
you claim has been infringed;
2. Identify the material on the MyRVNetwork.com site that you claim is
infringing, with enough detail so that we may locate it on the website;
3. A 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;
4. A statement by you declaring under penalty of perjury that (a) the
above information in your Notice is accurate, and (b) that you are the
owner of the copyright interest involved or that you are authorized to act
on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
MyRVNetwork.com will remove the infringing posting(s), subject to the the
procedures outlined in the Digital Millenium Copyright Act (DMCA).
4. Privacy and Information Disclosure
MyRVNetwork.com has established a Privacy Policy to explain to users how their
information is collected and used, located at
http://www.MyRVNetwork.com/privacypolicy.php. Your use of the
MyRVNetwork.com website or the Service signifies acknowledgement of and
agreement to our Privacy Policy. You further acknowledge and agree that
MyRVNetwork.com 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 these 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 harrassment; protect the rights, property, or personal safety of
MyRVNetwork.com, its users or the general public.
5. Conduct
You agree not to post, email, or otherwise make available Content:
* that is unlawful, harmful, threatening, abusive, harassing,
defamatory, libelous, invasive of another's privacy, or
harms minors in any way;
* that is pornographic or depicts a human being engaged in actual
sexual conduct including but not limited to (i) sexual intercourse,
including genital-genital, oral-genital, anal-genital, or oral-anal,
whether between persons of the same or opposite sex, or (ii) bestiality,
or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v)
lascivious exhibition of the genitals or pubic area of any person;
* that harasses, degrades, intimidates or is hateful toward an
individual or group of individuals on the basis of religion, gender,
sexual orientation, race, political affiliation, ethnicity, age, or disability;
* that impersonates any person or entity, including, but not limited
to, a MyRVNetwork.com employee, or falsely states or otherwise misrepresents
your affiliation with a person or entity (this provision does not apply to
messages that are lawful non-deceptive parodies of public figures.);
* 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 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;
* 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 of the MyRVNetwork.com sites which are not designated
for such purposes; or (2) emailed to MyRVNetwork.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
allowed or approved in writing by MyRVNetwork.com;
* that advertises any illegal services or the sale of any items the
sale of which is prohibited or restricted by applicable law;
* 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 harrass 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 - unless
expressly permitted by MyRVNetwork.com;
* post irrelevant Content, repeatedly post the
same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;
* attempt to gain unauthorized access to MyRVNetwork.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 MyRVNetwork.com website.
6. No Spam Policy
You understand and agree that sending unsolicited email advertisements to
MyRVNetwork.com email addresses or through MyRVNetwork.com computer systems, which
is expressly prohibited by these Terms, will possibly use or cause to be used
servers located in the states of California, New Jersey and Michigan. Any unauthorized use of MyRVNetwork.com computer
systems is a violation of these Terms and certain federal and state laws. Such violations
may subject the sender and his or her agents to civil and criminal penalties.
7. Limitations on service
You acknowledge that MyRVNetwork.com 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, 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 MyRVNetwork.com has no
responsibility or liability for the deletion or failure to store any Content
maintained or transmitted by the Service. You acknowledge that MyRVNetwork.com
reserves the right at any time to modify or discontinue the Service (or any part
thereof) with or without notice, and that MyRVNetwork.com shall not be liable to
you or to any third party for any modification, suspension or discontinuance of the Service.
8. Access to the Service
MyRVNetwork.com grants you a limited, revocable, nonexclusive license to access
the Service for your own personal use of the Service, and not to download
(other than page caching) or modify it, or any portion of it, or any
Content made available via the Service (except for your own Content),
without the express written consent of MyRVNetwork.com. This license does not
include 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 MyRVNetwork.com. A limited exception is provided to
general purpose 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. "General purpose internet
search engine" does not include a website or search engine or other
service that specializes in classified listings or in any subset of
classifieds listings (such as RVs, jobs, housing, for sale, services, or
personals, or which is in the business of providing classified ad listing
services.
MyRVNetwork.com permits you to display on your website, or create a hyperlink
on your website to, individual postings on the Service so long as such use
is for noncommercial and/or news reporting purposes only (e.g., for use in
personal web blogs or personal online media). If the total number of such
postings displayed or linked to on your website exceeds one hundred (100)
postings, your use will be presumed to be in violation of these Terms,
absent express permission granted by MyRVNetwork.com to do so. You may also
create a hyperlink to the home page of MyRVNetwork.com sites so long as the
link does not portray MyRVNetwork.com, its employees, or its affiliates in a
false, misleading, derogatory, or otherwise offensive matter.
MyRVNetwork.com may offer various parts of the Service in RSS format so that users
can embed individual feeds into a personal website or blog, or view
postings through third party software news aggregators. MyRVNetwork.com permits
you to display, excerpt from, and link to the RSS feeds on your personal
website or personal web blog, provided that (a) your use of the RSS feed
is for personal, non-commercial purposes only, (b) each title is correctly
linked back to the original post on the Service and redirects the user to
the post when the user clicks on it, (c) you provide, adjacent to the RSS
feed, proper attribution to 'MyRVNetwork.com' as the source, (d) your use or
display does not suggest that MyRVNetwork.com promotes or endorses any third
party causes, ideas, web sites, products or services, (e) you do not
redistribute the RSS feed, and (f) your use does not overburden
MyRVNetwork.com's systems. MyRVNetwork.com reserves all rights in the content of the
RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by
MyRVNetwork.com immediately terminates said permission or license. In order to
collect, aggregate, copy, duplicate, display or make derivative use of the
the Service or any Content made available via the Service for other
purposes (including commercial purposes) not stated herein, you must first
obtain a license from MyRVNetwork.com.
9. Termination of service
You agree that MyRVNetwork.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 MyRVNetwork.com believes that you have acted inconsistently with
the letter or spirit of the Terms. Further, you agree that MyRVNetwork.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. Sections 2, 4, 6 and 10-16 shall survive
termination of these Terms.
10. Dealings with organizations and individuals
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 agree that MyRVNetwork.com shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such
dealings. If there is a dispute between participants on this site, or
between users and any third party, you understand and agree that
MyRVNetwork.com is under no obligation to become involved. In the event that
you have a dispute with one or more other users, you hereby release
MyRVNetwork.com, 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. If you are a California resident, you waive California
Civil Code Section 1542, which says: "A general release does not extend to
claims which the creditor does not know or suspect to exist in his favor
at the time of executing the release, which, if known by him must have
materially affected his settlement with the debtor."
11. Proprietary rights
The Service is protected to the maximum extent permitted by copyright laws
and international treaties. Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant
to copyrights laws, and international conventions. Any reproduction,
modification, creation of derivative works from or redistribution of the
site or the collective work, and/or copying or reproducing the sites or
any portion thereof to any other server or location for further
reproduction or redistribution is prohibited without the express written
consent of MyRVNetwork.com. You further agree not to reproduce, duplicate or
copy Content from the Service without the express written consent of
MyRVNetwork.com, and agree to abide by any and all copyright notices displayed
on the Service. You may not decompile or disassemble, reverse engineer or
otherwise attempt to discover any source code contained in the Service.
Without limiting the foregoing, you agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any aspect of
the Service.
Although MyRVNetwork.com 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 MyRVNetwork.com 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 MyRVNetwork.com 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.
12. Disclaimer of Warranties
YOU AGREE THAT USE OF THE MyRVNetwork.com SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE MyRVNetwork.com 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,
MyRVNetwork.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE MyRVNetwork.com SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, MyRVNetwork.com DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON
THE MyRVNetwork.com SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS
ON THE MyRVNetwork.com SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MyRVNetwork.com
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE MyRVNetwork.com 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.
13. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL MyRVNetwork.com BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF
MyRVNetwork.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM ANY ASPECT OF YOUR USE OF THE MyRVNetwork.com SITE OR THE SERVICE, WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF THE MyRVNetwork.com SITE OR THE
SERVICE, FROM INABILITY TO USE THE MyRVNetwork.com SITE OR THE SERVICE, OR THE
INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE
MyRVNetwork.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 MyRVNetwork.com SITE OR
THE SERVICE OR ANY LINKS ON THE MyRVNetwork.com SITE, AS WELL AS BY REASON OF
ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION
WITH THE MyRVNetwork.com SITE OR THE SERVICE OR ANY LINKS ON THE MyRVNetwork.com
SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW. In some jurisdiction, limitations of liability are not permitted. In
such jurisdictions, some of the foregoing limitation may not apply to you.
14. Indemnity
You agree to indemnify and hold MyRVNetwork.com, 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.
15. General information
The Terms constitute the entire agreement between you and MyRVNetwork.com and
govern your use of the Service, superceding any prior agreements between
you and MyRVNetwork.com. The Terms and the relationship between you and
MyRVNetwork.com shall be governed by the laws of the State of Alabama
without regard to its conflict of law provisions. You and MyRVNetwork.com agree
to submit to the personal and exclusive jurisdiction of the courts located
within the county of Madison, Alabama. The failure of MyRVNetwork.com
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.
16. Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by emailing to info@myrvnetwork.com. 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 MyRVNetwork.com to pursue legal action to
enforce these Terms, you will be liable to pay MyRVNetwork.com the following
amounts as liquidated damages, which you accept as reasonable estimates of
MyRVNetwork.coms' damages for the specified breaches of these Terms:
a. If you post 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
MyRVNetwork.com one thousand dollars ($1,500) for each such message. This
provision does not apply to messages that are lawful non-deceptive
parodies of public figures.
b. If MyRVNetwork.com 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 MyRVNetwork.com one hundred dollars ($50) for each message
posted in excess of such limits or for each day on which you access
MyRVNetwork.com in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to MyRVNetwork.com email
addresses or through MyRVNetwork.com computer systems, you agree to pay
MyRVNetwork.com twenty five dollars ($50) for each such email.
d. If you post messages in violation of these Terms of Use, other than as
described above, you agree to pay MyRVNetwork.com one hundred dollars ($100)
for each such message. In its sole discretion, MyRVNetwork.com may elect to
issue a warning before assessing damages.
e. 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 MyRVNetwork.com's express written permission,
you agree to pay MyRVNetwork.com three thousand dollars ($3,000) for each day
on which you engage in such conduct.
Otherwise, you agree to pay MyRVNetwork.com's actual damages, to the extent
such actual damages can be reasonably calculated. Notwithstanding any
other provision of these Terms, MyRVNetwork.com retains the right to seek the
remedy of specific performance of any term contained in these Terms, or a
preliminary or permanent injunction against the breach of any such term or
in aid of the exercise of any power granted in these Terms, or any
combination thereof.
16. Feedback
We welcome your feedback on this document. Send your feedback to info@myrvnetwork.com.
|
