Terms and Conditions

9/16/2009

Legal Disclaimer

StuffIReadOnCraigslist.com (the "Service") is a fair use, non-commercial online information and entertainment Web site that is provided by KIM FICERA, a private individual, and subject to your compliance with the terms and conditions set forth in this document titled “Terms and Conditions” (sometimes referred to as the "Terms Of Service," or "TOS"). The Service provided by KIM FICERA might, at some point in the future, employ others as her agents to perform certain, but not all, functions reserved for KIM FICERA. KIM FICERA encourages you to use your own judgment in purchasing or downloading products and services reviewed or listed on this Web site. (the "Service")

StuffIReadOnCraigslist.com and the StuffIReadOnCraigslist.com design are the property of KIM FICERA and copyrighted by law in the United States and other countries. StuffIReadOnCraigslist.com is not affiliated in any way with www.craigslist.org and other marks of third parties, which may or may not appear on this Web site. KIM FICERA does not control or endorse the content of third party Web sites mentioned on StuffIReadOnCraigslist.com.

StuffIReadOnCraigslist.com Web Site Agreement

Please read the TOS carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions of the TOS. You will be considered a general member of the Service. For the purposes of this document general members of the Service will be referred to as "Users."

If you do not wish to be bound by the TOS, you may not access or use the Service. If you utilize the Service in a manner inconsistent with the TOS, KIM FICERA may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse indicate is proper. KIM FICERA may modify the TOS at any time, and such modifications shall be effective immediately upon posting of the modified TOS. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement.

1. Operating Policies

You agree to comply with the Operating Policies set forth in Section A (as they may be amended by KIM FICERA from time to time), which are the rules that govern your activity in connection with the Service. KIM FICERA has the right but not the obligation to remove any communications and materials that she believes in her sole discretion violate the Operating Policies.

2. Copyright, Licenses and Idea Submissions

The entire contents of the Service are copyrighted under the United States copyright laws. The owner of the copyright is KIM FICERA. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use. You may make: (a) one machine-readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of the Service solely for your non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of KIM FICERA or any third party information provider to the Service. You agree not to change or delete any proprietary notices from materials downloaded from the Service. You agree to grant to KIM FICERA a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Service (such as bulletin boards, forums and newsgroups) by all means and in any media now known or hereafter developed. You also grant to KIM FICERA the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against KIM FICERA for any alleged or actual infringement or misappropriation of any proprietary right in your communications to StuffIReadOnCraigslist.com.

3. Use of the Service

You understand that, except for information, products or services clearly identified as being supplied by KIM FICERA, KIM FICERA does not operate, control or endorse any information, products or services on the Internet in any way. Except for KIM FICERA-identified information, products or services, all information, products and services offered through the Service or on the Internet generally are offered by third parties that are not affiliated with KIM FICERA. You also understand that KIM FICERA cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Service and the Internet. KIM FICERA does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Service, any merchandise, information or service provided through the Service or on the Internet generally, and KIM FICERA shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Service or on the Internet generally. KIM FICERA does not warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected. The Service and any software made available on the Service are provided on an "as is, as available" basis.

You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. KIM FICERA has no control over and accepts no responsibility whatsoever for such materials.

In no event will KIM FICERA be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Service, or any information, or transactions provided on the Service or downloaded or hyperlinked from the Service, even if KIM FICERA or her authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the Service and/or materials or information downloaded through, or hyperlinked from, the Service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, KIM FICERA’s liability is limited to the greatest extent permitted by law.

4. Indemnification

You agree to indemnify, defend and hold harmless KIM FICERA, her agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.

5. Third party Rights

The provisions of paragraphs 3 (Use of the Service), and 4 (Indemnification) are for the benefit of KIM FICERA and her agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

6. Termination.

This Agreement may be terminated by either party without notice at any time for any reason, provided that you may no longer use the Service after you have terminated this Agreement. The provisions of paragraphs 2 (Copyright, Licenses and Idea Submissions), 3 (Use of the Service), 4 (Indemnification), 5 (Third Party Rights) and 7 (Miscellaneous) shall survive any termination of this Agreement.

7. Miscellaneous.

This Agreement shall be governed and construed in accordance with the laws of the State of CALIFORNIA applicable to agreements made and to be performed in CALIFORNIA. You agree that any legal action or proceeding between KIM FICERA and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in CALIFORNIA. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. KIM FICERA’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. KIM FICERA may assign her rights and duties under this Agreement to any party at any time without notice to you.

Section A. Operating Policies and Community Guidelines

Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by KIM FICERA. KIM FICERA cannot and does not screen content provided by users of the Service. Notwithstanding the foregoing, KIM FICERA reserves the right to monitor content on the Service and to remove content which she, at her discretion, determines to be harmful, offensive, or otherwise in violation of these Operating Policies. KIM FICERA reserves the right to terminate the account (ban or delete) of a user of the service for any reason at any time.

For the purposes of Section A, commentary in the document of articles written by KIM FICERA and any future agents shall be referred to as "Posts." The Service may or may not choose to allow comments for specific Posts published to the Service. The collection of comments for each Post will be referred to as "Comment Thread."

The term "Moderator" in this section refers to KIM FICERA. The moderator makes decisions to warn, suspend, or ban any user regarding adherence to community guidelines.

In order to maintain an informative and valuable service that meets the needs of the users of the Service and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or otherwise harmful, it is necessary to establish the following community guidelines to protect against abuse:

Community guidelines

1. You must maintain a valid email account in your registration for the service.

Moderator Action: Immediate ban if a dead email address is in your profile.

2. Unless you are participating in an area of the Service that requires or encourages anonymity, use your real name in online communications. Misleading Activities related to online identities including (but not limited to): sockpuppeting, meatpuppeting, and astroturfing, are prohibited. You are responsible for familiarizing yourself with these terms using the provided links.

Moderator Action: Immediate ban, along with a public notification of that prohibited activity to the StuffIReadOnCraigslist.com community.

3. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.

Moderator Action: A single public warning in the comment thread is considered fair notice prior to a suspension or ban. The offending comment may also be immediately deleted upon discovery by a moderator without any notice.

4. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

5. You may not interfere with other users’ use of the Service. This includes any harassment outside of the service as a result of activity on StuffIReadOnCraigslist.com.

Moderator Action: A user will be banned for harassing another registered user via the service, private email communications or another service if the complainant confirms that it is related to commentary shared on StuffIReadOnCraigslist.com.

6. You may not use any robot, spider, or other automatic device or process to monitor or copy our web pages or any portion of the content contained herein without our express written permission.

Moderator Action: Immediate ban with or without notice.

7. You may not post or transmit any file which contains viruses, worms, "Trojan horses" or any other contaminating or destructive features.

Moderator Action: Immediate ban with or without notice.

8. You may not post or transmit any message which is harmful, threatening, abusive, hateful, or defamatory. Excessive use of profanity is discouraged; epithets directed at community members are grounds for suspension or deactivation (banning) at any time.

Moderator Action: A single public warning in the comment thread is considered fair notice prior to a suspension or ban. The offending comment(s) may also be left intact as proof of the violation, or deleted at the moderator's discretion.

9. Activities such as (but not limited to) flaming, trolling, comment-spamming, and threadjacking are prohibited. You are responsible for familiarizing yourself with these terms using the provided links.

It is not the Service's intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, KIM FICERA reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful.

10. a) You may not post or transmit charity requests, petitions for signatures without prior consent of KIM FICERA.

Moderator Action: Requests for fundraising or petition comments/posts must be submitted to kimficera@mac.com for review before being submitted as a comment.

b) Chain letters or letters relating to pyramid schemes are prohibited.

Moderator Action: Immediate ban, with or without notice, banned content will be deleted.

c) You may not post or transmit any advertising, promotional materials or any other solicitation.

Moderator Action: Immediate ban, with or without notice, banned content will be deleted.

11. You may not post off-topic comments or list off-topic articles as a comment.

Moderator Action: A single public warning in the comment thread is considered fair notice prior to a suspension or ban.

12. You may not list or send unsolicited mass emailing to 10 people or more if such e-mail could reasonably be expected to provoke complaints from its recipients.

Moderator Action: Immediate ban, with or without notice, banned content will be deleted.

13. You may not use the facilities and capabilities of the Service to conduct any activity or solicit the performance of any illegal activity or other activity, which infringes the rights of others.

Moderator Action: Immediate ban, with or without notice, banned content will be deleted, law enforcement authorities will be notified.

14. Users of the service are expected take an active role in maintaining civility between commenters, both in your own behavior and by encouraging and informing fellow users. You should report violations of the TOS you encounter to kimficera@mac.com. There is no guarantee that pointing out TOS violations in the comments will be seen and acted upon by KIM FICERA. KIM FICERA is not responsible for full-time review and action on any comment threads.