Breed Central, LLC Classifieds Terms of Service
Thank you for your interest in Breed Central, LLC Classifieds. The following terms govern your use of Breed Central, LLC Classifieds ("Terms of Service").
Breed Central, LLC Classifieds is presented by Breed Central, LLC, Inc. ("BreedCentral.com"). BY USING OR REGISTERING WITH Breed Central, LLC Classifieds, YOU AGREE TO THESE TERMS OF SERVICE, YOU AGREE TO RECEIVE ALL NOTICES ABOUT Breed Central, LLC Classifieds ELECTRONICALLY, YOU AGREE THAT Breed Central, LLC Classifieds MAY USE INFORMATION PROVIDED BY YOU ACCORDING TO THE Breed Central, LLC Classifieds PRIVACY POLICY, AND YOU CONSENT TO RESOLVE ANY DISPUTE REGARDING YOUR USE OF Breed Central, LLC Classifieds IN THE COURTS LOCATED IN Utah.
1. Changes to Terms of Service
Breed Central, LLC Classifieds may change the Terms of Service at any time. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use of Breed Central, LLC Classifieds. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using Breed Central, LLC Classifieds. If you are a member of any services provided by Breed Central, LLC including, without limitation, Breed Central, LLC, LLC, your use of Breed Central, LLC Classifieds also is subject to the respective terms of service of the other Breed Central, LLC services.
2. Additional Terms and Conditions by Third Parties
Breed Central, LLC Classifieds is an information service that brings together buyers and sellers. Non-commercial Users will be able to list classified advertisements ("Listings") directly on the service. You agree and understand that certain sellers on Breed Central, LLC Classifieds may be third party merchants and that your transactions with these merchants will be subject to separate terms and conditions. Commercial advertisers looking to post Listings may do so through an authorized Breed Central, LLC Solutions Partner or other method approved in advance by Breed Central, LLC and such Listings may be subject to additional terms and conditions with the Breed Central, LLC Solutions Partner.
3. Eligibility
Breed Central, LLC Classifieds is intended for general audiences. You must have adequate legal capacity to enter into binding agreements such as these Terms of Service and to buy or sell services and goods. You must be eighteen years or older to place a Listing or to engage in any other transaction on Breed Central, LLC Classifieds. If you use Breed Central, LLC Classifieds for any of these purposes, you warrant that you are eighteen years or older and that you meet the eligibility requirements disclosed in this section. As noted in Section 2 above, Commercial advertisers seeking to post Listings must do so through an authorized Breed Central, LLC Solution Partner or other methods approved in advance by Breed Central, LLC and such Listings may be subject to additional terms and conditions.
4. Registration
Certain features of Breed Central, LLC Classifieds may require you to register and provide information to Breed Central, LLC, such as name, e-mail address, valid driver's license number, date of birth, zip code and billing information for purchases (the "Registration Information"). If you register and use Breed Central, LLC Classifieds, you agree to provide accurate and complete Registration Information and you agree to keep such information current.
You will need a valid form of identification to use certain features of Breed Central, LLC Classifieds, such as a valid screen name issued by Breed Central, LLC, LLC or such other forms of user identification authorized by Breed Central, LLC (collectively, "User ID"). You may not (1) select or use a User ID of another person with the intention of impersonating that person, (2) use a User ID of anyone else without authorization, (3) use a User ID in violation of the intellectual property rights of any person or (4) use a User ID that Breed Central, LLC considers in its sole discretion as being inappropriate.
Breed Central, LLC Classifieds uses your User ID password to permit access to certain functions and self service areas on the service and, for convenience, will save your Registration Information that you provide the first time a Listing is placed. It is your responsibility to protect your password. You agree not to reveal your password to other users and you agree to indemnify and hold Breed Central, LLC Classifieds harmless for any improper or illegal use of your account; this includes illegal or improper use by someone to whom you have given permission to use your account.
5. Breed Central, LLC Classifieds Privacy Policy
The Breed Central, LLC Classifieds Privacy Policy explains how BREED CENTRAL, LLC collects, uses, and discloses personal information in connection with your use of BREED CENTRAL, LLC Classifieds, as well as the choices BREED CENTRAL, LLC gives you about such uses and disclosures. You consent to BREED CENTRAL, LLC using your personal information under the terms of the BREED CENTRAL, LLC Classifieds Privacy Policy. Additionally, you agree that BREED CENTRAL, LLC may use your User ID and wallet services, or other similar technologies, to authenticate you on BREED CENTRAL, LLC Classifieds, help store your registration and transaction-related information, and enable you to take advantage of offerings from BREED CENTRAL, LLC and its affiliated providers. The merchants and Web sites you visit, including those of BREED CENTRAL, LLC Classifieds advertisers and partners, have their own privacy policies. Review the privacy policies of Web sites before providing them with any of your personal information.
6. Fees
By placing a Listing on BREED CENTRAL, LLC Classifieds, you agree to pay the fees specified for the plan selected by you, regardless of whether you sell the item as a result of your Listing. Fees charged for listing services are nonrefundable and due in advance unless provided otherwise in your package. Current fees and payment obligations for listing placement can be viewed on the BREED CENTRAL, LLC Classifieds Pricing web page, you agree to pay the fees specified under the plan you selected with your BREED CENTRAL, LLC Classifieds.
Fees pay for the right to place a Listing on BREED CENTRAL, LLC Classifieds. By purchasing a Listing, you do not purchase any exclusive rights to any web page displayed on BREED CENTRAL, LLC Classifieds. BREED CENTRAL, LLC may, at its sole discretion and without compensation to you, place third party advertisements on any web page within the BREED CENTRAL, LLC Classifieds service. By placing a Listing on BREED CENTRAL, LLC Classifieds, you also grant BREED CENTRAL, LLC the right to distribute your Listing across BREED CENTRAL, LLC's family of properties at its sole discretion.
BREED CENTRAL, LLC reserves the right, upon thirty (30) days notice, to change its fees or billing methods for BREED CENTRAL, LLC Classifieds. BREED CENTRAL, LLC will provide any notice of changes electronically, as described below. It is your responsibility to check BREED CENTRAL, LLC Classifieds and its Pricing web page periodically for any changes.
You must select a payment method to pay for your fees for BREED CENTRAL, LLC Classifieds. You must give BREED CENTRAL, LLC accurate billing and payment information and keep this information up-to-date through the "My Account" area on BREED CENTRAL, LLC Classifieds. You agree to pay BREED CENTRAL, LLC for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize BREED CENTRAL, LLC to charge your designated payment method for these charges. If BREED CENTRAL, LLC does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by BREED CENTRAL, LLC or its operators.
Every time you use BREED CENTRAL, LLC Classifieds, you reaffirm that you will be responsible for all charges incurred under your account for payment, even if your membership is canceled or terminated.
You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges and purchases made by you or anyone on your account.
You must notify BREED CENTRAL, LLC's or BREED CENTRAL, LLC's Classifieds Solutions Partner customer service about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to BREED CENTRAL, LLC's attention or the BREED CENTRAL, LLC Classifieds Solution Partner's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
7. Communications Charges
You are responsible for obtaining at your own expense Internet access, computer hardware and other equipment needed for access to and use of BREED CENTRAL, LLC Classifieds. Any telephone or other communications charges incurred by you to access BREED CENTRAL, LLC Classifieds are your responsibility. Your carrier, such as a wireless carrier, may charge service fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify the fees that may apply to you.
8. Changes to the Service
BREED CENTRAL, LLC has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of BREED CENTRAL, LLC Classifieds including, but not limited to, the software, community areas, content, hours of availability, equipment needed for access or use, the maximum disk space that will be allotted on BREED CENTRAL, LLC servers on your behalf either cumulatively or for any particular service or the availability of BREED CENTRAL, LLC Classifieds on any particular device or communications service. BREED CENTRAL, LLC has no obligation to provide you with notice of any such changes. BREED CENTRAL, LLC may at any time, and without notice to you, terminate your access to BREED CENTRAL, LLC Classifieds for any reason.
9. User Conduct
By using BREED CENTRAL, LLC Classifieds or any of its services, you agree to abide by BREED CENTRAL, LLC Classifieds Guidelines, including but not limited to, agreeing not to use this site for any unlawful purpose. A copy of Guidelines, which you should review, can be found on the BREED CENTRAL, LLC Classifieds Guidelines and Prohibited Listings page. You agree to supervise and be responsible for all usage by minors of BREED CENTRAL, LLC Classifieds under your name, User ID or account.
10. No Unsolicited Bulk Communications
You may not harvest or collect information about BREED CENTRAL, LLC Classified users for the purpose of sending unsolicited bulk communications, including through e-mail or instant messages. Any violation of these provisions may result in immediate termination of your account and further legal action. You agree that BREED CENTRAL, LLC may take any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within BREED CENTRAL, LLC's networks.
11. Seller Responsibilities
If you are placing an ad or listing on BREED CENTRAL, LLC Classifieds, you agree and warrant that you are providing accurate, true and current information, including but not limited to, e-mail address, billing address and billing information. You agree to keep this information current. You alone are responsible for the content of all Listings and communications that you have with a user or buyer on BREED CENTRAL, LLC Classifieds. When you offer a service or an item for sale through BREED CENTRAL, LLC Classifieds, you must be prepared to deliver that service or sell that item at the price and terms provided in your Listing. You must have possession of the item that you are selling on BREED CENTRAL, LLC Classifieds and the ability to transfer title to it. You may not charge any user for information about any item listed on BREED CENTRAL, LLC Classified Classifieds and you may not use BREED CENTRAL, LLC Classifieds to promote, without BREED CENTRAL, LLC's prior written permission, any other web site product or service.
12. You are Using BREED CENTRAL, LLC Classifieds at Your Own Risk
the materials that appear on BREED CENTRAL, LLC Classifieds are for informational purposes only. Information about a particular item listed on BREED CENTRAL, LLC Classifieds is supplied by the seller, not BREED CENTRAL, LLC. The price and other terms of any sale remain subject to direct negotiations between the buyer and seller, unless such price is fixed by the seller. BREED CENTRAL, LLC is not involved in any transactions or business dealings between any party who uses BREED CENTRAL, LLC Classifieds. Any questions regarding a sale (such as delivery or billing questions) should be addressed directly to the buyer or seller or Classifieds Solutions Partner and not to BREED CENTRAL, LLC. BREED CENTRAL, LLC neither endorses nor has control over the products or services that you may use or purchase, nor can BREED CENTRAL, LLC ensure that a buyer or seller you are dealing with will actually complete the transaction. BREED CENTRAL, LLC has no control over, and does no guaranty the quality, performance, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to list or the buyers to browse Listings. In addition, BREED CENTRAL, LLC Classifieds has no control over and makes no representation regarding the privacy policies of sellers, or sellers' use or retention of billing and personal information. You should always review the seller's privacy policy before providing any personal or billing information to them.
BREED CENTRAL, LLC expects its users to provide truthful and accurate information, but BREED CENTRAL, LLC cannot ensure this, or control the behavior of participants on BREED CENTRAL, LLC Classifieds. You should exercise common sense and good judgment when participating in BREED CENTRAL, LLC Classifieds. YOU AGREE THAT YOU ARE USING BREED CENTRAL, LLC CLASSIFIEDS AT YOUR OWN RISK and that BREED CENTRAL, LLC shall not be responsible or liable in any way for any loss or damage of any kind incurred as the result of any transaction or dealings between you and a buyer or seller or Classifieds Solutions Partner. You acknowledge that BREED CENTRAL, LLC has no control over and no responsibility or liability for the use or disclosure by any seller or third party Web site of information that you transmit to the seller or third party Web site.
13. Prescreening
BREED CENTRAL, LLC is not required to prescreen Listings, including both images and text, although it reserves the right to do so. BREED CENTRAL, LLC reserves the right to charge fees for any Listings rejected either manually or via automatic means. BREED CENTRAL, LLC, at its sole discretion, reserves the right to refuse to post or delete a Listing without prior notification to you. Listings removed from the site due to listing violations will be subject to all BREED CENTRAL, LLC Classifieds fees.
You acknowledge that BREED CENTRAL, LLC may disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request concerning your use of the Service. BREED CENTRAL, LLC is not required but reserves the right to edit, refuse to post, or to remove any information, posting or material, in whole or in part, without any prior notification to you. BREED CENTRAL, LLC is not responsible for any failure or delay in removing such material.
14. Proprietary Rights
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by BREED CENTRAL, LLC, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from BREED CENTRAL, LLC is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Service is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of BREED CENTRAL, LLC.
15. User's Grant of License
By posting or submitting a Listing or other content on BREED CENTRAL, LLC Classifieds, you: (a) grant BREED CENTRAL, LLC and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and (b) warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by BREED CENTRAL, LLC will not infringe or violate the rights of any third party.
16. Procedures for Making Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on BREED CENTRAL, LLC Classifieds in a way that constitutes copyright infringement, you may notify BREED CENTRAL, LLC by clicking on the Report Listing Violation found on any listing detail page.
17. Disclaimer of Warranty
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH BREED CENTRAL, LLC CLASSIFIEDS (THE "CONTENT") ARE, WITH RESPECT TO BREED CENTRAL, LLC, PROVIDED "AS IS," "AS AVAILABLE" AND WITH ALL FAULTS. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BREED CENTRAL, LLC, ITS SUBSIDIARIES AND LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT BREED CENTRAL, LLC CLASSIFIEDS OR ANY OF YOUR LISTINGS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF BREED CENTRAL, LLC CLASSIFIEDS IS SOLELY AT YOUR RISK. BREED CENTRAL, LLC MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY ITEMS OR SERVICES ADVERTISED, PROMOTED OR LISTED ON BREED CENTRAL, LLC CLASSIFIEDS. BREED CENTRAL, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED OF ANY KIND REGARIDNG THE PRODUCTS AND SERVICES LISTED OR ADVERTISED ON BREED CENTRAL, LLC CLASSIFIEDS, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
18. Limitation of Liability
IF YOU RELY ON ANY INFORMATION ON BREED CENTRAL, LLC CLASSIFIEDS, YOU DO SO AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL BREED CENTRAL, LLC OR ITS SUBSIDIARIES OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, BREED CENTRAL, LLC CLASSIFIEDS, FOR ANY INFORMATION PERTAINING TO ANY ITEM, SERVICE OR PRODUCT PROMOTED ON BREED CENTRAL, LLC CLASSIFIEDS, OR FROM THE PURCHASE, USE, OR INABILITY TO USE ANY PRODUCT OR SERVICE PURCHASED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BREED CENTRAL, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BREED CENTRAL, LLC SHALL NOT IN ANY EVENT BE LIABLE TO ANY PURCHASER OF LISTINGS ON BREED CENTRAL, LLC CLASSIFIEDS FOR MORE THAN THE ACTUAL AMOUNT PAID BY THE PURCHASER OF THE LISTINGS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
19. Indemnification
Upon a request by BREED CENTRAL, LLC, you agree to defend, indemnify, and hold harmless BREED CENTRAL, LLC and its subsidiaries, parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of BREED CENTRAL, LLC Classifieds. BREED CENTRAL, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with BREED CENTRAL, LLC in asserting any available defenses.
20. International Use
BREED CENTRAL, LLC makes no representation that materials on BREED CENTRAL, LLC Classifieds are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
21. Choice of Law and Forum
These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use, the purchase of any advertisement, or your use of BREED CENTRAL, LLC Classifieds shall be filed only in the state or federal courts located in the Commonwealth of Virginia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. The foregoing provision may not apply to you depending on the laws of your jurisdiction.
22. Severability and Integration
Unless otherwise specified herein, these Terms of Service constitute the entire agreement between you and BREED CENTRAL, LLC regarding your use of BREED CENTRAL, LLC Classifieds and they supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and BREED CENTRAL, LLC regarding BREED CENTRAL, LLC Classifieds. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
23. Electronic Notices
You consent to received electronically from BREED CENTRAL, LLC any privacy or other notices, agreements, disclosures, reports, documents, communications or other records (collectively, "Notices"). You agree that BREED CENTRAL, LLC generally can send you electronic Notices in either or both of the following ways: (1) to the e-mail address that you provided to BREED CENTRAL, LLC during registration or (2) BREED CENTRAL, LLC may post Notices on BREED CENTRAL, LLC Classifieds. The delivery of any Notice from BREED CENTRAL, LLC is effective when sent by BREED CENTRAL, LLC, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. Your only method of withdrawing consent to receive Notices electronically is to terminate any subscriptions, services or other products provided under these Terms of Service.
24. Injunctive Relief
You acknowledge that the BREED CENTRAL, LLC Classifieds service contains proprietary and confidential information, and that disclosure of such information or misuse of the Service will give rise to irreparable injury to BREED CENTRAL, LLC Classifieds, inadequately compensable in damages. Accordingly, BREED CENTRAL, LLC may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available.
25. Prohibited listings
By creating a listing in Breed Central, LLC Classifieds, you agree that you will not post, or otherwise distribute or facilitate distribution of any product or service that includes, though not limited to, the following:
• Adult products or services, including but not limited to: videotapes, books, audio recordings, DVDs and/or other software
• Alcohol
• Animals, live or otherwise, that are listed as protected species or otherwise regulated by applicable local, state or federal laws
• Bulk e-mail lists, other mailing lists or software used to facilitate bulk e-mail
• Child adoption solicitations or offers
• Content or merchandise infringing upon another's copyright or trademark
• Escort Services
• Hate material, to include without limitation, any item directly associated with the promotion or glorification of hate or hate speech. Items associated with groups known principally for their hateful or violent positions are prohibited.
• Human parts and remains
• Firearms, ammunition or paraphernalia to include without limitation, accessories such as scopes or silencers
• Fireworks or other explosive devices or materials
• Non-packaged food items or other food items regulated by applicable federal or state law
• Illegal drugs and paraphernalia
• Impersonation of any individual, entity or official of AOL Classifieds or AOL or its agents
• Lock picking materials or devices
• Licenses and/or IDs
• Materials, goods or services from countries where trade is prohibited by U.S. or international law
• Non-charitable lottery or raffle tickets and/or promotions
• Prescription drugs and medical or other prescription devices
• Software programs designed to disrupt or in any way damage the functionality of other computer software, hardware or tele-communications equipment
• Stocks and Other Securities
• Stolen goods
• Tobacco or tobacco products such as cigarettes, cigars and pipe tobaccos
• TV and/or cable system descramblers Listings or postings solely for the purpose of soliciting or raising money without the sale or trade of a product or service
You also agree to not create listings which have a URL address in the listing description area.
Thank you for your interest in Breed Central, LLC Classifieds. The following terms govern your use of Breed Central, LLC Classifieds ("Terms of Service").
Breed Central, LLC Classifieds is presented by Breed Central, LLC, Inc. ("BreedCentral.com"). BY USING OR REGISTERING WITH Breed Central, LLC Classifieds, YOU AGREE TO THESE TERMS OF SERVICE, YOU AGREE TO RECEIVE ALL NOTICES ABOUT Breed Central, LLC Classifieds ELECTRONICALLY, YOU AGREE THAT Breed Central, LLC Classifieds MAY USE INFORMATION PROVIDED BY YOU ACCORDING TO THE Breed Central, LLC Classifieds PRIVACY POLICY, AND YOU CONSENT TO RESOLVE ANY DISPUTE REGARDING YOUR USE OF Breed Central, LLC Classifieds IN THE COURTS LOCATED IN Utah.
1. Changes to Terms of Service
Breed Central, LLC Classifieds may change the Terms of Service at any time. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use of Breed Central, LLC Classifieds. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using Breed Central, LLC Classifieds. If you are a member of any services provided by Breed Central, LLC including, without limitation, Breed Central, LLC, LLC, your use of Breed Central, LLC Classifieds also is subject to the respective terms of service of the other Breed Central, LLC services.
2. Additional Terms and Conditions by Third Parties
Breed Central, LLC Classifieds is an information service that brings together buyers and sellers. Non-commercial Users will be able to list classified advertisements ("Listings") directly on the service. You agree and understand that certain sellers on Breed Central, LLC Classifieds may be third party merchants and that your transactions with these merchants will be subject to separate terms and conditions. Commercial advertisers looking to post Listings may do so through an authorized Breed Central, LLC Solutions Partner or other method approved in advance by Breed Central, LLC and such Listings may be subject to additional terms and conditions with the Breed Central, LLC Solutions Partner.
3. Eligibility
Breed Central, LLC Classifieds is intended for general audiences. You must have adequate legal capacity to enter into binding agreements such as these Terms of Service and to buy or sell services and goods. You must be eighteen years or older to place a Listing or to engage in any other transaction on Breed Central, LLC Classifieds. If you use Breed Central, LLC Classifieds for any of these purposes, you warrant that you are eighteen years or older and that you meet the eligibility requirements disclosed in this section. As noted in Section 2 above, Commercial advertisers seeking to post Listings must do so through an authorized Breed Central, LLC Solution Partner or other methods approved in advance by Breed Central, LLC and such Listings may be subject to additional terms and conditions.
4. Registration
Certain features of Breed Central, LLC Classifieds may require you to register and provide information to Breed Central, LLC, such as name, e-mail address, valid driver's license number, date of birth, zip code and billing information for purchases (the "Registration Information"). If you register and use Breed Central, LLC Classifieds, you agree to provide accurate and complete Registration Information and you agree to keep such information current.
You will need a valid form of identification to use certain features of Breed Central, LLC Classifieds, such as a valid screen name issued by Breed Central, LLC, LLC or such other forms of user identification authorized by Breed Central, LLC (collectively, "User ID"). You may not (1) select or use a User ID of another person with the intention of impersonating that person, (2) use a User ID of anyone else without authorization, (3) use a User ID in violation of the intellectual property rights of any person or (4) use a User ID that Breed Central, LLC considers in its sole discretion as being inappropriate.
Breed Central, LLC Classifieds uses your User ID password to permit access to certain functions and self service areas on the service and, for convenience, will save your Registration Information that you provide the first time a Listing is placed. It is your responsibility to protect your password. You agree not to reveal your password to other users and you agree to indemnify and hold Breed Central, LLC Classifieds harmless for any improper or illegal use of your account; this includes illegal or improper use by someone to whom you have given permission to use your account.
5. Breed Central, LLC Classifieds Privacy Policy
The Breed Central, LLC Classifieds Privacy Policy explains how BREED CENTRAL, LLC collects, uses, and discloses personal information in connection with your use of BREED CENTRAL, LLC Classifieds, as well as the choices BREED CENTRAL, LLC gives you about such uses and disclosures. You consent to BREED CENTRAL, LLC using your personal information under the terms of the BREED CENTRAL, LLC Classifieds Privacy Policy. Additionally, you agree that BREED CENTRAL, LLC may use your User ID and wallet services, or other similar technologies, to authenticate you on BREED CENTRAL, LLC Classifieds, help store your registration and transaction-related information, and enable you to take advantage of offerings from BREED CENTRAL, LLC and its affiliated providers. The merchants and Web sites you visit, including those of BREED CENTRAL, LLC Classifieds advertisers and partners, have their own privacy policies. Review the privacy policies of Web sites before providing them with any of your personal information.
6. Fees
By placing a Listing on BREED CENTRAL, LLC Classifieds, you agree to pay the fees specified for the plan selected by you, regardless of whether you sell the item as a result of your Listing. Fees charged for listing services are nonrefundable and due in advance unless provided otherwise in your package. Current fees and payment obligations for listing placement can be viewed on the BREED CENTRAL, LLC Classifieds Pricing web page, you agree to pay the fees specified under the plan you selected with your BREED CENTRAL, LLC Classifieds.
Fees pay for the right to place a Listing on BREED CENTRAL, LLC Classifieds. By purchasing a Listing, you do not purchase any exclusive rights to any web page displayed on BREED CENTRAL, LLC Classifieds. BREED CENTRAL, LLC may, at its sole discretion and without compensation to you, place third party advertisements on any web page within the BREED CENTRAL, LLC Classifieds service. By placing a Listing on BREED CENTRAL, LLC Classifieds, you also grant BREED CENTRAL, LLC the right to distribute your Listing across BREED CENTRAL, LLC's family of properties at its sole discretion.
BREED CENTRAL, LLC reserves the right, upon thirty (30) days notice, to change its fees or billing methods for BREED CENTRAL, LLC Classifieds. BREED CENTRAL, LLC will provide any notice of changes electronically, as described below. It is your responsibility to check BREED CENTRAL, LLC Classifieds and its Pricing web page periodically for any changes.
You must select a payment method to pay for your fees for BREED CENTRAL, LLC Classifieds. You must give BREED CENTRAL, LLC accurate billing and payment information and keep this information up-to-date through the "My Account" area on BREED CENTRAL, LLC Classifieds. You agree to pay BREED CENTRAL, LLC for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize BREED CENTRAL, LLC to charge your designated payment method for these charges. If BREED CENTRAL, LLC does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by BREED CENTRAL, LLC or its operators.
Every time you use BREED CENTRAL, LLC Classifieds, you reaffirm that you will be responsible for all charges incurred under your account for payment, even if your membership is canceled or terminated.
You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges and purchases made by you or anyone on your account.
You must notify BREED CENTRAL, LLC's or BREED CENTRAL, LLC's Classifieds Solutions Partner customer service about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to BREED CENTRAL, LLC's attention or the BREED CENTRAL, LLC Classifieds Solution Partner's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
7. Communications Charges
You are responsible for obtaining at your own expense Internet access, computer hardware and other equipment needed for access to and use of BREED CENTRAL, LLC Classifieds. Any telephone or other communications charges incurred by you to access BREED CENTRAL, LLC Classifieds are your responsibility. Your carrier, such as a wireless carrier, may charge service fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify the fees that may apply to you.
8. Changes to the Service
BREED CENTRAL, LLC has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of BREED CENTRAL, LLC Classifieds including, but not limited to, the software, community areas, content, hours of availability, equipment needed for access or use, the maximum disk space that will be allotted on BREED CENTRAL, LLC servers on your behalf either cumulatively or for any particular service or the availability of BREED CENTRAL, LLC Classifieds on any particular device or communications service. BREED CENTRAL, LLC has no obligation to provide you with notice of any such changes. BREED CENTRAL, LLC may at any time, and without notice to you, terminate your access to BREED CENTRAL, LLC Classifieds for any reason.
9. User Conduct
By using BREED CENTRAL, LLC Classifieds or any of its services, you agree to abide by BREED CENTRAL, LLC Classifieds Guidelines, including but not limited to, agreeing not to use this site for any unlawful purpose. A copy of Guidelines, which you should review, can be found on the BREED CENTRAL, LLC Classifieds Guidelines and Prohibited Listings page. You agree to supervise and be responsible for all usage by minors of BREED CENTRAL, LLC Classifieds under your name, User ID or account.
10. No Unsolicited Bulk Communications
You may not harvest or collect information about BREED CENTRAL, LLC Classified users for the purpose of sending unsolicited bulk communications, including through e-mail or instant messages. Any violation of these provisions may result in immediate termination of your account and further legal action. You agree that BREED CENTRAL, LLC may take any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within BREED CENTRAL, LLC's networks.
11. Seller Responsibilities
If you are placing an ad or listing on BREED CENTRAL, LLC Classifieds, you agree and warrant that you are providing accurate, true and current information, including but not limited to, e-mail address, billing address and billing information. You agree to keep this information current. You alone are responsible for the content of all Listings and communications that you have with a user or buyer on BREED CENTRAL, LLC Classifieds. When you offer a service or an item for sale through BREED CENTRAL, LLC Classifieds, you must be prepared to deliver that service or sell that item at the price and terms provided in your Listing. You must have possession of the item that you are selling on BREED CENTRAL, LLC Classifieds and the ability to transfer title to it. You may not charge any user for information about any item listed on BREED CENTRAL, LLC Classified Classifieds and you may not use BREED CENTRAL, LLC Classifieds to promote, without BREED CENTRAL, LLC's prior written permission, any other web site product or service.
12. You are Using BREED CENTRAL, LLC Classifieds at Your Own Risk
the materials that appear on BREED CENTRAL, LLC Classifieds are for informational purposes only. Information about a particular item listed on BREED CENTRAL, LLC Classifieds is supplied by the seller, not BREED CENTRAL, LLC. The price and other terms of any sale remain subject to direct negotiations between the buyer and seller, unless such price is fixed by the seller. BREED CENTRAL, LLC is not involved in any transactions or business dealings between any party who uses BREED CENTRAL, LLC Classifieds. Any questions regarding a sale (such as delivery or billing questions) should be addressed directly to the buyer or seller or Classifieds Solutions Partner and not to BREED CENTRAL, LLC. BREED CENTRAL, LLC neither endorses nor has control over the products or services that you may use or purchase, nor can BREED CENTRAL, LLC ensure that a buyer or seller you are dealing with will actually complete the transaction. BREED CENTRAL, LLC has no control over, and does no guaranty the quality, performance, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to list or the buyers to browse Listings. In addition, BREED CENTRAL, LLC Classifieds has no control over and makes no representation regarding the privacy policies of sellers, or sellers' use or retention of billing and personal information. You should always review the seller's privacy policy before providing any personal or billing information to them.
BREED CENTRAL, LLC expects its users to provide truthful and accurate information, but BREED CENTRAL, LLC cannot ensure this, or control the behavior of participants on BREED CENTRAL, LLC Classifieds. You should exercise common sense and good judgment when participating in BREED CENTRAL, LLC Classifieds. YOU AGREE THAT YOU ARE USING BREED CENTRAL, LLC CLASSIFIEDS AT YOUR OWN RISK and that BREED CENTRAL, LLC shall not be responsible or liable in any way for any loss or damage of any kind incurred as the result of any transaction or dealings between you and a buyer or seller or Classifieds Solutions Partner. You acknowledge that BREED CENTRAL, LLC has no control over and no responsibility or liability for the use or disclosure by any seller or third party Web site of information that you transmit to the seller or third party Web site.
13. Prescreening
BREED CENTRAL, LLC is not required to prescreen Listings, including both images and text, although it reserves the right to do so. BREED CENTRAL, LLC reserves the right to charge fees for any Listings rejected either manually or via automatic means. BREED CENTRAL, LLC, at its sole discretion, reserves the right to refuse to post or delete a Listing without prior notification to you. Listings removed from the site due to listing violations will be subject to all BREED CENTRAL, LLC Classifieds fees.
You acknowledge that BREED CENTRAL, LLC may disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request concerning your use of the Service. BREED CENTRAL, LLC is not required but reserves the right to edit, refuse to post, or to remove any information, posting or material, in whole or in part, without any prior notification to you. BREED CENTRAL, LLC is not responsible for any failure or delay in removing such material.
14. Proprietary Rights
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by BREED CENTRAL, LLC, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from BREED CENTRAL, LLC is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Service is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of BREED CENTRAL, LLC.
15. User's Grant of License
By posting or submitting a Listing or other content on BREED CENTRAL, LLC Classifieds, you: (a) grant BREED CENTRAL, LLC and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and (b) warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by BREED CENTRAL, LLC will not infringe or violate the rights of any third party.
16. Procedures for Making Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on BREED CENTRAL, LLC Classifieds in a way that constitutes copyright infringement, you may notify BREED CENTRAL, LLC by clicking on the Report Listing Violation found on any listing detail page.
17. Disclaimer of Warranty
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH BREED CENTRAL, LLC CLASSIFIEDS (THE "CONTENT") ARE, WITH RESPECT TO BREED CENTRAL, LLC, PROVIDED "AS IS," "AS AVAILABLE" AND WITH ALL FAULTS. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BREED CENTRAL, LLC, ITS SUBSIDIARIES AND LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT BREED CENTRAL, LLC CLASSIFIEDS OR ANY OF YOUR LISTINGS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF BREED CENTRAL, LLC CLASSIFIEDS IS SOLELY AT YOUR RISK. BREED CENTRAL, LLC MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY ITEMS OR SERVICES ADVERTISED, PROMOTED OR LISTED ON BREED CENTRAL, LLC CLASSIFIEDS. BREED CENTRAL, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED OF ANY KIND REGARIDNG THE PRODUCTS AND SERVICES LISTED OR ADVERTISED ON BREED CENTRAL, LLC CLASSIFIEDS, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
18. Limitation of Liability
IF YOU RELY ON ANY INFORMATION ON BREED CENTRAL, LLC CLASSIFIEDS, YOU DO SO AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL BREED CENTRAL, LLC OR ITS SUBSIDIARIES OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, BREED CENTRAL, LLC CLASSIFIEDS, FOR ANY INFORMATION PERTAINING TO ANY ITEM, SERVICE OR PRODUCT PROMOTED ON BREED CENTRAL, LLC CLASSIFIEDS, OR FROM THE PURCHASE, USE, OR INABILITY TO USE ANY PRODUCT OR SERVICE PURCHASED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BREED CENTRAL, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BREED CENTRAL, LLC SHALL NOT IN ANY EVENT BE LIABLE TO ANY PURCHASER OF LISTINGS ON BREED CENTRAL, LLC CLASSIFIEDS FOR MORE THAN THE ACTUAL AMOUNT PAID BY THE PURCHASER OF THE LISTINGS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
19. Indemnification
Upon a request by BREED CENTRAL, LLC, you agree to defend, indemnify, and hold harmless BREED CENTRAL, LLC and its subsidiaries, parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of BREED CENTRAL, LLC Classifieds. BREED CENTRAL, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with BREED CENTRAL, LLC in asserting any available defenses.
20. International Use
BREED CENTRAL, LLC makes no representation that materials on BREED CENTRAL, LLC Classifieds are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
21. Choice of Law and Forum
These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use, the purchase of any advertisement, or your use of BREED CENTRAL, LLC Classifieds shall be filed only in the state or federal courts located in the Commonwealth of Virginia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. The foregoing provision may not apply to you depending on the laws of your jurisdiction.
22. Severability and Integration
Unless otherwise specified herein, these Terms of Service constitute the entire agreement between you and BREED CENTRAL, LLC regarding your use of BREED CENTRAL, LLC Classifieds and they supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and BREED CENTRAL, LLC regarding BREED CENTRAL, LLC Classifieds. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
23. Electronic Notices
You consent to received electronically from BREED CENTRAL, LLC any privacy or other notices, agreements, disclosures, reports, documents, communications or other records (collectively, "Notices"). You agree that BREED CENTRAL, LLC generally can send you electronic Notices in either or both of the following ways: (1) to the e-mail address that you provided to BREED CENTRAL, LLC during registration or (2) BREED CENTRAL, LLC may post Notices on BREED CENTRAL, LLC Classifieds. The delivery of any Notice from BREED CENTRAL, LLC is effective when sent by BREED CENTRAL, LLC, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. Your only method of withdrawing consent to receive Notices electronically is to terminate any subscriptions, services or other products provided under these Terms of Service.
24. Injunctive Relief
You acknowledge that the BREED CENTRAL, LLC Classifieds service contains proprietary and confidential information, and that disclosure of such information or misuse of the Service will give rise to irreparable injury to BREED CENTRAL, LLC Classifieds, inadequately compensable in damages. Accordingly, BREED CENTRAL, LLC may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available.
25. Prohibited listings
By creating a listing in Breed Central, LLC Classifieds, you agree that you will not post, or otherwise distribute or facilitate distribution of any product or service that includes, though not limited to, the following:
• Adult products or services, including but not limited to: videotapes, books, audio recordings, DVDs and/or other software
• Alcohol
• Animals, live or otherwise, that are listed as protected species or otherwise regulated by applicable local, state or federal laws
• Bulk e-mail lists, other mailing lists or software used to facilitate bulk e-mail
• Child adoption solicitations or offers
• Content or merchandise infringing upon another's copyright or trademark
• Escort Services
• Hate material, to include without limitation, any item directly associated with the promotion or glorification of hate or hate speech. Items associated with groups known principally for their hateful or violent positions are prohibited.
• Human parts and remains
• Firearms, ammunition or paraphernalia to include without limitation, accessories such as scopes or silencers
• Fireworks or other explosive devices or materials
• Non-packaged food items or other food items regulated by applicable federal or state law
• Illegal drugs and paraphernalia
• Impersonation of any individual, entity or official of AOL Classifieds or AOL or its agents
• Lock picking materials or devices
• Licenses and/or IDs
• Materials, goods or services from countries where trade is prohibited by U.S. or international law
• Non-charitable lottery or raffle tickets and/or promotions
• Prescription drugs and medical or other prescription devices
• Software programs designed to disrupt or in any way damage the functionality of other computer software, hardware or tele-communications equipment
• Stocks and Other Securities
• Stolen goods
• Tobacco or tobacco products such as cigarettes, cigars and pipe tobaccos
• TV and/or cable system descramblers Listings or postings solely for the purpose of soliciting or raising money without the sale or trade of a product or service
You also agree to not create listings which have a URL address in the listing description area.