Use of the www.franksclassifieds.com web site and the services we offer constitutes your acceptance of all terms and conditions stated in the below User Agreement.
www.franksclassifieds.com reserves the right to change or amend this agreement at any time. Changes or Amendments will be posted to our site and considered effective 5 days from the date they are posted to the site. If you do not agree to such changes, you may request that we close your account by contacting us. If you have any questions about this user agreement please contact www.franksclassifieds.com.
We strongly recommend that you read, in full, and completely understand this user agreement and all our other rules and policies before registering with www.franksclassifieds.com. Upon registration you agree that this agreement and all our other rules and policies take effect whenever you use our services at www.franksclassifieds.com.
1. Abusing www.franksclassifieds.com.
At www.franksclassifieds.com we may suspend or terminate user accounts that abuse our site and/or violate our terms of service and policies. We may also take legal and technical action against users whom we believe are creating problems, legal liabilities, infringing upon personal and intellectual property as well as any other rights of users and third parties.
We may also, at our discretion, and under what we would consider to be an appropriate circumstance, suspend or terminate user accounts of repeat offenders to property rights of third parties. These include intellectual and personal property. www.franksclassifieds.com also reserves the right to cancel unconfirmed and/or inactive accounts.
2. Eligibility / Registration
To use our services, you must be at least 18 years of age and be able to form or enter into a legally binding contract in accordance with applicable laws. If you are eligible to use our services, you must complete the Registration process by providing www.franksclassifieds.com with true and correct information as required on the www.franksclassifieds.com registration form and pay a small one-time Identity Verification Fee. If the information you provide is found to be false or non-verifiable, we may suspend or terminate your registration and account.
3. www.franksclassifieds.com serves only as a Venue
www.franksclassifieds.com is an Internet site in which members post ads offering merchandise which they possess and wish to sell in an open environment. Registered users are encouraged to buy such merchandise they are interested in. At no time does www.franksclassifieds.com possess, hold, or offer any merchandise advertised, nor are we involved in any part of the actual transaction. www.franksclassifieds.com serves only as a venue in which individual sellers and buyers may engage in transactions between each other. Because of our non-involvement in these transactions, it is the sole responsibility of the seller to accurately represent the quantity, quality, safety, authenticity, and availability of the items the seller has advertised on the site. Furthermore, it is the responsibility of the buyer to verify with the seller any or all information about any item advertised on www.franksclassifieds.com, for which they intend to buy. www.franksclassifieds.com can not be responsible for a seller’s willingness or ability to sell any item they have advertised, or a buyer’s willingness to follow through with a transaction for an item(s) they are interested in. We encourage open communication between buyers and sellers before and after any transaction take place. Registered users can contact authors and post replies to the ads once they verify their identity. Any other ads that seem to perpetuate a situation that diverts the business from frankclassifieds to any other third party websites would be regarded as malpractice and would be suspended without notice.
4. User Verification
Because of difficulties involved with verification over the Internet, www.franksclassifieds.com is unable to guarantee that a user is who they may claim to be. If you are uncertain as to another user’s identity, we suggest that you contact them.
5. Disputes and Release
Because www.franksclassifieds.com has no involvement in transactions between users, we can not get involved in disputes between users. You hereby release www.franksclassifieds.com (including all officers, directors, employees, parent companies, contractors, suppliers, or agents) from any and all types of damages, or claims resulting from such disputes.
6. Placing Ads on www.franksclassifieds.com
In order to place an ad on www.franksclassifieds.com, you must become a Member by paying an annual Membership Fee which comes with some listing privileges for one year.
By placing an ad on www.franksclassifieds.com, you are stating that you have the right, intention and ability to sell and give possession to the item(s). You furthermore state that any item(s) which you are offering do not violate any local, state, or federal laws, regulations, or guidelines prohibiting the sale or distribution of your item(s).
Below are some more rules for advertising on www.franksclassifieds.com
•A detailed and accurate text description of your item.
•An accurate picture of your item.
•A link to a picture (that you own, have rights to, or permission to use)
Ads may not contain items or information that:
•Violate any state, local, or federal laws that prohibit the sale or distribution of your item.
•Infringe upon any third parties, copyright, patent or trademark rights.
•Falsely advertise, or misrepresent the merchandise being offered for sale.
•Are sexually explicit in nature, contain, or describe sexual acts, nudity, pornography or child pornography, or would be classified as Adult only material.
www.franksclassifieds.com also prohibits the sale of any replicated or counterfeited items. We also prohibit the advertising of unauthorized items. Items that would fall under these categories include: bootlegged, illegally duplicated, or pirated material. These things are considered infringement upon copyrighted and trademarked material.
Violation of these rules will cause your account to be suspended. If your account has been suspended, you will not be able to advertise on www.franksclassifieds.com and the fee you paid to www.franksclassifieds.com will not be refunded.
All fees are quoted in U.S. Dollars, unless otherwise specified. Registration at www.franksclassifieds.com is free. Before you can contact authors or post replies to any ad listed on www.franksclassifieds.com, you must first verify your identity by paying a small one time Identity Verification Fee which is used primarily to verify your information. Before you place any ad, you must first become a Registered User and also become a Member by paying an annual Membership Fee. This annual membership allows you to have certain number of listings that can be replaced an unlimited number of times for one year. At any time, you may also buy additional listings or enhancement(s) to your listing. Regardless of when you bought such additional listings or enhancement to your listing, all of them expire when your annual membership expires. Regardless of reason, all fees paid to www.franksclassifieds.com are NOT refundable.
The fees we charge for using our Services are listed on our Fees page.
8. Personal Information
Personal information is the information that you provide to www.franksclassifieds.com or to other members when:
- Completing the registration process.
- Placing an ad
- Placing your credit card information on file with us.
- Using any email feature offered to you through use of the site.
You are responsible for your personal information. In the event that your information creates a liability to us we may take appropriate actions regarding such information. Examples of these liabilities may include: causing our internet service provider, suppliers, agents, and/or contractors to sever their services with us.
9. Your Password
You may not disclose, share, or distribute your password to any third party. If you do, you will be held responsible for any actions that have taken place under your account. If you feel your password has been jeopardized, immediately change your password. You may change your password at any time, and as often as you wish.
Neither you nor any parties affiliated with, contracted by, or created by you may take any actions to interfere with or interrupt, the operation or stability of the www.franksclassifieds.com web site. This includes, but is not limited to, the use of any software, device, or programming routine that could place excessive loads on our system or interfere with any listing or auction listed on our site, or any users account or information.
www.franksclassifieds.com reserves the right to shut down its computers and network for any planned or emergency system or network maintenance. We do not anticipate such maintenance would take more than few hours and planned maintenance will be carried out during night hours. Frankclassifieds is not liable for any ads expiring during that time frame.
Content. Frankclassifieds contains stuff from us, you, and other users. You agree not to copy, modify, or distribute Frankclassifieds, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. (We need these rights to host and display your content.) If you believe that your rights have been violated, please notify the Frankclassifieds Customer Support and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or of any party's rights.
All notices given between both parties (You and www.franksclassifieds.com) will be made via email, certified mail, or registered mail. Notices we send you will be addressed to the email you have provided during the registration process or currently have on file in your account. Notices sent via email shall be considered served 24 hours after an email has been sent, unless the sending party is notified that the email address provided is invalid. In cases involving the use of standard mail, a notice is considered served 3 days after the mailing date. Notices regarding changes to the terms and conditions of the User Agreement maybe given by posting such changes to the site, and will be considered given and effective 5 days from the time of such posting.
14. Limitation of Liability - Non Warranty
IN NO EVENT SHALL www.franksclassifieds.com (INCLUDING OUR SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES) BE LIABLE FOR LOST PROFITS, REVENUES, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE.
THE SITE AND SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OR GUARANTEES EXPRESSED OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
You agree to indemnify and hold harmless www.franksclassifieds.com, its officers, employees, parent companies, subsidiaries, contractors, vendors or affiliates, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the www.franksclassifieds.com, the violation of this User Agreement by you, or the infringement by you or any other user of this site using your computer, of any intellectual property or other right of any person or entity.
16. Legal Responsibility
It is your responsibility to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your viewing, listing, and advertising of your items through our site.
17. No Partnership / Agency
You and www.franksclassifieds.com act as independent contractors. At no time is any partnership, agency, joint venture, employee-employer or franchiser-franchisee relationship intended or created by this Agreement.
18. Violation of User Agreement
We may terminate your account, registration temporarily or permanently should you violate any portion of this User Agreement. This includes the termination or suspension of any ads you may be running at the time, without refund of any fees or compensation or liability for loss of business or revenues which you may claim, as a result of such termination.
Copyright is a form of protection provided to authors and creators of original works. The laws of copyright provided by the United States protect works of art that include the following: Books, paintings, all forms of music and lyrics, video, software, and all other intellectual works and property. Once a work is printed on paper or video copyright laws prevent others from using that work without permission.
Under copyright laws, users of www.franksclassifieds.com are allowed to resell any copyrighted item that they have purchased and that allows you to resell. For example, if you have bought a book, DVD, or music album and you are legally permitted to resell that item, you are then able to resell that item. Under NO circumstances are you allowed to resell items that are not legally permitted to be resold or make copies of copyrighted material and sell those items.
www.franksclassifieds.com also prohibits giving away unauthorized copies of copyrighted material. For example, selling an item for a certain amount and including a free CD or DVD.
Unless you own the copyrights, users will not do any of the following:
•Burn DVDs and CDs or music, software etc. and resell the copies
•Photocopy books, magazines, or any other forms of literature and resell the copies
•Alter photographs and paintings and resell the copies
For more information on copyright laws please visit the official copyright website at www.Copyright.gov
If any users of www.franksclassifieds.com are caught violating copyright laws they will be banned immediately from our site and restricted from using our services. Those caught violating these laws are also subjected to paying fines and other judicial consequences involved with copyright infringement.
20. Permit and Licenses
It is your responsibility to obtain all necessary permit and license from local county, state and federal government as needed. Before you buy any birds or animals, you may want to check with the respective government agencies for the requirement for permit and licenses.
21. Health Certificate
Certain states, counties or towns require the lives to be tested for certain diseases or conditions. It is the responsibility of the buyer to know about such requirements and inform the seller of such requirements and pay for it.
This Agreement and the terms and conditions herein, shall be governed by the laws of the State of New York. You further submit to the legal jurisdiction of the state of New York and agree that any legal action or proceeding regarding this Agreement, whether it be on a local, state, or federal level, shall be brought in Syracuse, New York.
The services herein are offered by www.franksclassifieds.com. Any Inquiries can be made to the following address. www.franksclassifieds.com
ATTN: Legal Department
6562 Ridings Road
Syracuse, NY 13206