1. ACCEPTANCE OF TERMS

  

JunglePost provides a collection of online resources, including classified     boards, forums, and several email service, (hereinafter "the     Service ") subject to the following Terms of Use (" TOS " ). By using the Service     in any manner, you agree to comply with the TOS. Furthermore, using     junglepost particular services, you agree to comply with the relevant New     guidelines for all junglepost services, which may change from time to time.     If you object to any term or condition of the TOS, guidelines,     or any subsequent modifications or become dissatisfied with JunglePost in any way, your only recourse is to immediately discontinue use of junglepost. JunglePost has the right, but is not obligated, to strictly enforce the TOS through self-help, community moderation, active investigation, litigation and prosecution.   

  

2. CHANGES TO THIS AGREEMENT

  

We reserve the right, in our sole discretion, to change, modify or     change these terms and conditions at any time. Such modifications shall be effective immediately after publishing it. You should review this Agreement regularly to keep informed of any changes. You can find the latest version of the TOS at:

  

http://www.junglepost.com/tds.cfm   

  

3. CONTENT

  

You understand that all listings, messages, text, files, images, photos,     videos, sounds or other materials ( " Content" is available ), transmitted     through, or linked from the Service, are the sole responsibility of the     person from whom such Content originated. More specifically, it     entirely responsible for each individual item ( "Item" ) of Content that you     post, email or otherwise make available via the Service. You understand that     JunglePost not control, and is not responsible for the Content 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. Additionally, the site JunglePost and Content available through the Service may contain links to other websites, which are completely     junglepost independent. JunglePost makes no representation or warranty as     the accuracy, completeness or authenticity of the information contained     in any of those places. Your linking to any other websites 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     JunglePost circumstances 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     JunglePost which does a preliminary analysis or approve content, but that JunglePost     shall have the right (but not the obligation) in their sole discretion,     refuse, delete or move any Content that is available via the Service, for     violation of the letter or spirit of the TOS, or for any other reason.   

  

4. THIRD PARTY CONTENT, SITES, AND SERVICES

  

JunglePost site and Content available through the Service may contain     features and functionalities that may link to or provide access     to third party content which is completely independent of junglepost,     including web sites, directories, servers, networks, systems, information     and databases, applications, software, programs, products or services,     and the Internet as a whole.

  

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 should make whatever investigation you feel necessary or appropriate     before proceeding with any online or offline transaction with any of these connection     third.

  JunglePost

You agree that no responsibility for any loss or     damage of any kind incurred as a result of these negotiations. If there     a dispute between participants on this site, or between users and any other     party, you understand and agree that JunglePost has no obligation to     participate. In the event that you have a dispute with one or more other     users, you hereby release junglepost, its officers, employees, agents and     successors from claims, demands and damages (actual and     consequential) of every kind or nature, known or unknown, suspected or     unsuspected, disclosed and undisclosed, arising out of or in any way     to such disputes and / or our service. If you are a California resident,     waive California Civil Code Section 1542, which says: " A general release does     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,     have materially affected his settlement with the debtor. "   

  

5. NOTIFICATION OF CLAIMS OF RAPE

  

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 JunglePost agent for notice of claims of     copyright or other intellectual property infringement ("Agent" ), in

  

toucan@junglepost.com

  

Please provide our Agent with the following message :

  

a) Identify the material on the site which considers JunglePost offenders, with sufficient detail so that we may locate it on the website ;

  

b ) A statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent or the law;

  

c ) A statement by you declaring under penalty of perjury that (1 ) above     information in your notice is accurate, and (2) that you are the owner of     the copyright interest involved or are authorized to act on behalf     the holder;

  

d ) Your address, telephone number and email address, and

  

e) Your physical or electronic signature.

  JunglePost

remove the offending ad ( s ), subject to the procedures outlined in the Digital Millennium Copyright Act ( DMCA ).   

  

6. PRIVACY AND INFORMATION DISCLOSURE

  

JunglePost has established a Privacy Policy to explain to users how their     information is collected and used, which is in the following     address :

  

http://www.junglepost.com/privacy.cfm

  

use JunglePost website or the Service expresses knowledge and acceptance of our Privacy Policy. You further acknowledge and agree that may JunglePost preserve, in its sole discretion, or disclose its contents, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required by the law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process, enforce the TOS, respond to claims that any Content violates the rights of third parties, respond to claims that information contact (eg phone number, street address ) of a third party has been posted or transmitted without their consent or as a form of harassment ;     protect the rights, property or personal safety of junglepost, its users or     the general public.   

  

7. CONDUCT

  

You agree not to post, email, or otherwise make available Content :

  

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,     libelous privacy invasive of another, or is harmful to minors in any way;

  

b ) that is pornographic or depicts a human being in actual sexual conduct including but not limited to: ( i ) sexual intercourse, including genital -genital, oral -genital, anal -genital or oral -anal, and 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 ;

  

c ) that harasses, degrades, intimidates or hatred toward a person or     group of individuals on the basis of religion, gender, sexual orientation,     race, ethnicity, age or disability ;

  

d ) that violates the Fair Housing Act by stating, in any notice or advertisement     the sale or rental of any dwelling, discriminatory preference based on the     race, color, national origin, religion, sex, marital status or disability     ( Or violates any state or local law prohibiting discrimination on the     Based on these or other characteristics )   

e ) that violates federal, state, or local equal employment opportunity     laws, including but not limited to, stating in any advertisement for     employment or requirement of a preference based on race, color, religion,     sex, national origin, age or disability.

  

f ) with respect to employers that employ four or more employees, which     violates the anti-discrimination provision of the Immigration and     Nationality Act, including requiring U.S. citizenship or legal     permanent residency (green card status ) as a condition of employment,     unless required to comply with law, regulation,     executive order, or federal, state or local government contract.

  

g ) that impersonates any person or entity, including but not limited to, a     States JunglePost employee, or falsely state or otherwise misrepresents your     relationship with a person or entity ( this provision does not apply to content     that is not misleading legal parody of public figures. )

  

h ) that includes personal or identifying information about another person     without the explicit consent of the person;

  

i ) that is false, misleading, deceptive, misleading, misinformative, or     constitutes " bait and switch " ;

  

j ) that infringes any patent, trademark, trade secret, copyright or other     property rights of any person, or Content that you do not have the right to     make available under any law or under contractual or fiduciary relationships ;

  

k ) that constitutes or contains "affiliate marketing," a " referral link code "     " junk mail," " spam," " chain letters," " pyramid schemes," or unsolicited     commercial advertising

  

l ) that constitutes or contains any form of advertising or solicitation if :     Posted in JunglePost sites areas not designated for such     purposes, or by email to JunglePost users who have not indicated in writing that     You can contact them about other services, products or commercial interests.

  

m ) that includes links to commercial services or web sites, except as allowed     in "services";

  

n ) that advertises any illegal service or the sale of any proceeds from the sale of     which is prohibited or restricted by applicable law, including without     limitation items the sale of which is prohibited or regulated by California     law. A partial list of prohibited items for sale and prohibited services     offered is provided at the following web address for your convenience :

  

http://www.junglepost.com/prohibited.cfm

  

o) that contains software viruses or any other computer code, files or     programs designed to interrupt, destroy or limit the functionality of any     software or hardware or telecommunications equipment ;

  

p) that disrupts the normal flow of dialogue with an excessive amount of     Content (flooding attack ) to the Service, or that otherwise negatively     affects other users' ability to use the Service, or

  

q ) used misleading email addresses, or forged headers or otherwise     manipulated identifiers to disguise the origin of Content     transmitted through the Service.

  

addition, it undertakes:

  

r ) contact anyone who has asked not to be contacted, or make unsolicited     contact with anyone for any commercial purpose ;

  

s ) "stalk " or otherwise harass any person;

  

t) collect personal data about other users for commercial or unlawful     effects ;

  

u) use automated means, including spiders, robots, crawlers, data mining     tools or the like to download data from the Service - unless expressly     permitted by junglepost ;

  

v ) post non-local or irrelevant content otherwise repeatedly the post of     Same or similar Content, or otherwise impose an unreasonable or     disproportionately large load on our infrastructure;

  

w ) post the same item or service in more than one classified category or     forum, or over a metropolitan area ;

  

x ) attempt to gain unauthorized access to computer systems or JunglePost     participate in any activity that disrupts, diminishes the quality of, interferes     with the performance of, or impairs the functionality of the Service or     JunglePost the website, or

  

y) use any form of automated device or computer program that enables the     presentation JunglePost publications without each ad manually also     entered by the author thereof (an " automated announcement device "), including     without limitation, the use of an automated device that publication presented     Classifieds in bulk, or for automatic submission of announcements at regular intervals.

  

z ) use any form of automated device or computer program ( " flagging tool " )     that allows the use of " dialing system junglepost " or other     moderation systems without each flag being manually entered by the person     that initiates the flag (an " automated flagging device " ), or use the     flagging tool to remove posts of competitors, or to remove posts without one     in good faith that the post violates these TOS are marked ;

  

8. TRAVEL AGENTS

  

" Agent Day " is a third-party agent, service, or intermediary     that offers to post Content to the Service on behalf of others. A     reasonable demands junglepost resources, you can not use an ad     Agent to post Content to the Service without express permission or     junglepost license. Similarly, ad agents not     enables the delivery of content on behalf of others, to cause Content to     be so fixed, or not to access the Service to facilitate movement     Content on behalf of others, except with express permission or     junglepost license.   

  

9. NO SPAM POLICY

  

You understand and agree that sending email advertising unsolicited     JunglePost email addresses or junglepost through computer systems, which is     expressly prohibited by these Terms, will use or cause to be used servers     located in California. Any unauthorized use of computer systems JunglePost     is a violation of these Terms and certain federal and state laws, including     without limitation the Computer Fraud and Abuse Act ( 18 USC § 1030 et     seq. ), Section 502 of the California Penal Code and Section 17538.45 of the     California Business and Professions Code. violations may subject the     issuer and its agents to civil and criminal penalties.   

  

10. PAID OFFERS

  

We may charge a fee to post Content in some areas of the Service. Rate     is an access fee that allows content to be placed in a designated area.     Each party posting Content to the Service is responsible for the content     and compliance with the TOS. All fees paid will be non-refundable in the     Event that Content is removed from service for violation of the TOS.   

  

11. LIMITATIONS OF SERVICE

  JunglePost

You acknowledge that may establish limits on the use of     Service, including the maximum number of days that Content will be retained     by the Service, the maximum number and size of ads, emails, or     Other Content that may be transmitted or stored by the Service, and the     often you may access the Service. You agree that JunglePost     has no responsibility or liability for the deletion or failure to store     Content maintained or transmitted by the Service. You acknowledge that     JunglePost reserves the right at any time to modify or discontinue the     Service (or any part thereof) with or without notice, and JunglePost     not be liable to you or to any third party for any modification,     suspension or discontinuance of the Service.   

  

12. ACCESS TO THE SERVICE

  JunglePost

grants you a limited, revocable, nonexclusive license to access     the Service for your personal use. This license does not include :     (A ) access to the Service by shipping agents, or ( b ) any collection,     aggregation, copying, duplication, display or derivative use of the Service     or any use of data mining, robots, spiders, or similar data gathering and     extraction tools for any purpose unless expressly permitted by junglepost.     A limited exception to ( b ) is provided to general purpose internet search     engines and non-commercial public archives that use such tools for     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     by an easily identifiable agent and comply with our robots.txt file.     " The general purpose internet search " does not include a website or     search engine or other service that specializes in classified ads     or in any subset of classifieds listings such as jobs, housing, for sale,     services or personal, or that is in the business of providing classified     special listing services.

  JunglePost

allows you to display on your website, or create a hyperlink     on your website to, individual postings on the Service, provided that such use     is for commercial purposes and / or news reporting only ( for example, for use in     personal web blogs or personal online media ). If the total number of such     Advertisements displayed or linked to on your website exceeds one hundred ( 100 )     Advertisements, presumably use in violation of the TOS,     authorization granted by JunglePost absent to. can also     create a hyperlink to the home page JunglePost sites as long as the     junglepost link does not portray, its employees, or its affiliates in     issue false, misleading, derogatory or offensive.

  

JunglePost offers various parts of the Service in RSS format so that users     You can embed individual feeds into a personal website or blog, or view ads     aggregators through third party software news. Allowing JunglePost     display, excerpt from, and link to the RSS feeds on your personal website     Website or blog, provided that ( a) your use of the RSS feed is for     personal, non-commercial, ( b ) each title is a proper relationship between     back to the original post on the Service and redirects the user to the     post when the user clicks on it, ( c ) you provide, along with RSS     feed, proper attribution to' junglepost' as the source, ( d ) your use or     JunglePost display does not suggest that promotes or endorses any third party     Party causes, ideas, websites, products or services, ( e) you do not     redistribute the RSS feed, and ( f ) your use does not overburden     JunglePost systems. reserves all rights in the content JunglePost     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     JunglePost immediately terminates said permission or license. 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     junglepost obtain a license.   

  

13. TERMINATION

  junglepost

You agree that, 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,     JunglePost if you believe that you have acted inconsistently with the letter or     spirit of the TOS. In addition, you agree that JunglePost not be liable     to you or any third party for any termination of your access to the Service.     You further agree not to use the Service after said termination.     Sections 2, 4, 6 and 10 to 16 after the completion of the TDS.   

  

14. PROPERTY 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 the     legal rights, and international conventions. Any reproduction,     modify, create 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 distribution is prohibited without the express     junglepost written consent. You further agree not to reproduce,     duplicate or copy Content from the Service without the express written     junglepost consent and agree to abide by any and all copyright notices     appearing on the Service. You may not decompile or disassemble, reverse     engineer or attempt to discover any source code contained in the     Service. Notwithstanding the foregoing, you may not reproduce,     duplicate, copy, sell, resell or exploit for any commercial purposes, any     aspect of the Service. JunglePost is a registered trademark in the U.S. Patent Office     and Trademark Office.

  

Although JunglePost not claim ownership of content that users post,     by posting Content to any public area of ​​the Service, automatically     grant, and you represent and warrant that you have the right to grant, to     JunglePost an irrevocable, perpetual, non-exclusive, fully paid, worldwide     license to use, copy, reproduce, publish and distribute such Content and     prepare derivative works of, or incorporate into other works, such Content,     and to grant and authorize sublicenses (through multiple tiers) of the     above. Furthermore, by posting Content to any public area of the Service,     JunglePost automatically grant 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.   

  

15. DISCLAIMER OF WARRANTIES

  

YOU AGREE THAT USE OF THE SITE AND THE SERVICE ON JunglePost     YOUR OWN RISK. THE SITE AND JunglePost the Service is provided "AS     It "or " AS AVAILABLE "WITHOUT WARRANTY 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 TO are expressly disclaimed     EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,     JunglePost DISCLAIMS ALL WARRANTIES FOR THE SECURITY, RELIABILITY,     Timeliness, accuracy, AND OPERATION OF THE SITE AND THE JunglePost     SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, disclaims any JunglePost     WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH or advertised on the     JunglePost SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS     JUNGLEPOST SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, JunglePost     DISCLAIMS ALL WARRANTIES FOR viruses or other harmful components     CONNECTION WITH THE SITE JunglePost or Service. Some jurisdictions do not     do not allow the disclaimer of implied warranties. In such jurisdictions, some     the above limitations may not apply to you insofar as they relate to     implied warranties.   

  

16. LIMITATIONS OF LIABILITY

  

JunglePost UNDER ANY CIRCUMSTANCES BE LIABLE FOR DIRECT, INDIRECT,     INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF JunglePost     HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), resulting from any     ASPECT OF YOUR USE OF THE SITE JunglePost or the Service, IF     DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE JunglePost, DE     INABILITY TO USE THE SITE JunglePost or service, or interruption,     Suspension, modification, alteration or JunglePost SITE END     Or the Service. LIMITATION shall also apply in respect of damage     INCURRED BY REASON OF OTHER SERVICES OR GOODS received through or     ADVERTISING IN CONNECTION WITH THE SITE OR SERVICE JunglePost or any     Site Links JUNGLEPOST, AS WELL AS BY REASON OF ANY INFORMATION OR     ADVICE received through or advertised in connection with the Site JunglePost     OR THE SERVICE OR ANY JUNGLEPOST links on the site. These limitations are     APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,     limitations of liability are not permitted. In such jurisdictions, some of the     the above limitation may not apply to you.   

  

17. INDEMNIFICATION

  

You agree to indemnify and hold junglepost, 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     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 TOS, your     breach of any of the representations and warranties herein, or your     violation of the rights of others.

  

18. GENERAL INFORMATION

  

The TOS constitute the entire agreement between you and JunglePost and     governing the use of the Service, superceding any prior agreements between you     and junglepost. The TOS and the relationship between you and JunglePost     be governed by the laws of the State of California without regard to     its conflict of law provisions. JunglePost You and agree to submit to the     personal and exclusive jurisdiction of the courts located within the county     San Diego, California. The fact that exercise or JunglePost     enforce any right or provision of the TOS shall not constitute a waiver of     of such right or provision. If any provision of the TOS is found by a court     of competent jurisdiction to be invalid, the parties agree that     the court should endeavor to interpret the intentions of the parties as     reflected in the provision, and the other provisions of the TOS remain in     full force and effect. You agree that regardless of any statute or law     On the contrary, any claim or cause of action arising out of or related to the use     TDS or Service must be filed within one ( 1) year after such     claim or cause of action arose or be forever barred.

  

19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

  

Please report any violations of the TOS, marking the shift ( s ) of     resource, or by sending an email to :

  

toucan@junglepost.com

  

Our failure to act with respect to a violation 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 JunglePost to continue legal action to enforce these Terms, you will be responsible for the following amounts JunglePost in damages liquidated, which you accept as reasonable estimates of JunglePost damages for breach of these Conditions specific :

  

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     another person without that person's explicit consent, you agree to pay     JunglePost thousand dollars ( $ 1,000 ) for each such message.     This provision does not apply to content that constitutes lawful non-deceptive parody of public figures.

  

b. If JunglePost sets limits on the frequency with which they can be     access the Service, or terminates your access to or use of the Service, you     agrees to pay JunglePost one hundred U.S. dollars ( $ 100 ) for each message sent     above these limits or for each day on which access JunglePost in     excess of these limits, whichever is higher.

  

c. If you send unsolicited email advertisements to email address JunglePost     addresses or through computer systems junglepost, you agree to pay     JunglePost twenty-five U.S. dollars ( $ 25 ) for each such email.

  

d. If you post Content in violation of the TOS, other than as described     above, you agree to pay JunglePost one hundred U.S. dollars ( $ 100 ) for each     Topic of the submitted Content. In its sole discretion, may choose to JunglePost     to issue a warning before assessing damages.

  

e. If you are a shipping agent that uses the Service in violation of     TDS, in addition to the liquidated damages clause ( d ), you agree to     JunglePost pay one hundred dollars ($ 100) for each and every post that article     in violation of the TOS. An agent of the ad will also be considered an agent of     the participation Ad Agent to access the Service (the " Principal"), and the Director ( by participating Agent announced in     violation of the TOS ) agrees to pay an additional hundred JunglePost     dollars ($ 100) for each article published by the Ad Agent on behalf of     the director, in violation of the TOS.

  

f. If total display, copy, duplicate, reproduce, or otherwise     exploit for any purpose any Content ( except for your own Content ) in     violation of these Terms without the express written permission of junglepost,     JunglePost you agree to pay three thousand U.S. dollars ( $ 3,000 ) for each day     in which you engage in such conduct.

  

Otherwise, you agree to pay JunglePost' s actual damages, to the extent such     actual damages can be reasonably calculated. Notwithstanding any other     provision of these Terms, JunglePost reserves the right to seek the remedy     of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the violation of any term or in aid of the exercise of any power granted in these Terms, or any combination thereof.   

  

20. TESTIMONIALS

  

We welcome your questions and comments about this document JunglePost     comments: toucan@junglepost.com



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