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User Agreement | Privacy Policy | Disclaimer
USER AGREEMENT AND TERMS OF USE
The following are User Agreement and Terms of Use (collectively referred to as the "Terms") on which In2UsedFurniture.com (sometimes referred to as "we" or "In2UsedFurniture") offers access to the services available from the In2UsedFurniture domain and sub domains.
1. ACCEPTANCE OF TERMS; MODIFICATIONS.
In2UsedFurniture is a collection of online resources, including classified ads and various email services (referred to hereafter as "the Services"), subject to these Terms. By using the Services, you are agreeing to comply with the Terms. In addition, with each use of any Service, you agree to abide by any applicable posted guidelines for all In2UsedFurniture services. We reserve the right, at our sole discretion, at any time and from time-to-time, to change, modify or otherwise alter these Terms without prior notice. Such modifications shall become effective immediately upon their posting. Should you object to any term or condition of these Terms or any subsequent modifications or should you otherwise become dissatisfied with In2UsedFurniture in any way, your sole recourse is to discontinue use of In2UsedFurniture.
2. CONTENT
All postings, messages, text, files, images, photos, video, sounds or other materials (collectively referred to as "Content") posted on, transmitted through or linked from the Services, are the sole responsibility of the person from whom such Content originated (the "Originator"). If you are the Originator you are solely responsible for all Content you make available via the Services.
As a user of the Services, you understand and agree that In2UsedFurniture does not control or assume responsibility for Content made available through the Services, and that by using the Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You also recognize that In2UsedFurniture and any Content made available through the Services may contain links to, among other things, web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. These are completely independent of In2UsedFurniture. Your linking to any other websites is at your own risk.
In2UsedFurniture makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in the Content or any such site. You acknowledge and agree that it is your responsibility to evaluate any Content, that you bear all risks associated with the use of any Content and that you rely on any Content at your own risk. You acknowledge that In2UsedFurniture does not pre-screen or approve Content. Nevertheless, In2UsedFurniture shall have the right (but not the obligation) in its sole discretion to refuse to post, edit, delete or move any Content that is available via the Services.
3. THIRD PARTY CONTENT, SITES, AND SERVICES
Your interactions with organizations and/or individuals found on or through the Services, 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 is necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that In2UsedFurniture is not, and shall not be, responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You understand and agree that in the event of a dispute between participants on this site, or between users and any third party, In2UsedFurniture is under no obligation to become involved and has no liability in regard to such dispute.
4. PRIVACY AND INFORMATION DISCLOSURE
In2UsedFurniture has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address: http://www.In2UsedFurniture.com/privacy.php
By using In2UsedFurniture or the Services, you acknowledge and agree to the Privacy Policy. You further acknowledge and agree that In2UsedFurniture may, in its sole discretion, preserve or disclose your Content, as well as your personal information, such as email addresses, IP addresses, timestamps and other user information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary, including, without limitation, any disclosures: (a) to comply with legal process; (b) to enforce the Terms; (c) to respond to claims that any Content violates the rights of third-parties; (d) to respond to claims that contact information of a third-party has been posted or transmitted without their consent or as a form of harassment; (e) to protect the rights, property or personal safety of In2UsedFurniture, its users or the general public. TCB QUESTION: MIGHT YOU JUST INCORPORATE THE PRIVACY POLICY FULLY INTO THE TERMS INSTEAD OF A SEPARATE LINK?
5. CONDUCT
(a) You agree not to post, email, or otherwise make available through In2UsedFurniture any Content:
(1) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy or involving minors in any way;
(2) that is pornographic or depicts a human being engaged in actual or simulated sexual conduct;
(3) that harasses, degrades or intimidates or is intended to harass, degrade or intimidate, or is hateful toward, an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(4) that violates any state or local law prohibiting discrimination on the basis of race, color, national origin, religion, sex, familial status or handicap;
(5) that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity including, without limitation In2UsedFurniture and its employees;
(6) that includes personal or identifying information about another person without that person’s explicit consent;
(7) that is false, deceptive, misleading, deceitful or constitutes "bait and switch";
(8) that infringes any intellectual or other property rights of any person or Content including, without limitation patent, trademark, trade secret, copyright or other rights that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(9) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
(10) that constitutes or contains any form of advertising or solicitation unless (a) posted in areas of the In2UsedFurniture sites which are expressly designated for such purposes; or (b) directed to users who have expressly indicated in writing that it is ok to contact them about other services, products or commercial interests;
(11) that includes links to commercial services or web sites; that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
(12) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(13) that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Services, or that otherwise negatively affects other users’ ability to use the Services; or
(14) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Services.
(b) While using the facilities of In2UsedFurniture or otherwise in respect of anyone whose identity or contact information was obtained by or through In2UsedFurniture, you are expressly prohibited from the following:
(1) contacting anyone who has not expressly indicated that he or she should be contacted;
(2) stalking or otherwise harassing anyone;
(3) collecting personal data about other users for any purpose;
(4) using automated means, including spiders, robots, crawlers, data mining tools or the like to download data from the Services - unless expressly permitted in writing by In2UsedFurniture;
(5) posting non-local or otherwise irrelevant Content, repeatedly posting the same or similar Content or otherwise imposing an unreasonable or disproportionately large load on our infrastructure;
(6) attempting to gain unauthorized access to In2UsedFurniture’s computer systems
(7) engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the In2UsedFurniture website; or
(8) using any form of automated device or computer program that enables the submission of postings on In2UsedFurniture without each posting being manually entered by the author thereof.
6. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to In2UsedFurniture email addresses or through In2UsedFurniture computer systems, which is expressly prohibited by these Terms. Any unauthorized use of In2UsedFurniture computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
7. LIMITATIONS ON SERVICE
In2UsedFurniture grants you a limited, nonexclusive, revocable license to access the Services for your personal use. You acknowledge that In2UsedFurniture, in its sole discretion, reserves the right at any time to revoke such license or otherwise modify or discontinue the Services (or any part thereof) without notice. In2UsedFurniture shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. Further, you acknowledge that In2UsedFurniture may establish limits concerning use of the Services, including the maximum number of days that Content will be retained by the Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Services, and the frequency with which you may access the Services. You also agree that In2UsedFurniture has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services.
This license does not include any right to collect, aggregate, copy, duplicate or display the Services or any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by In2UsedFurniture. Other than general purpose, internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Services, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
8. PROPRIETARY RIGHTS
The Services are protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of In2UsedFurniture. You further agree not to reproduce, duplicate or copy Content from the Services without the express written consent of In2UsedFurniture, and agree to abide by any and all copyright notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.
Although In2UsedFurniture does not claim ownership of content that its users post, by posting Content to any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to In2UsedFurniture an irrevocable, perpetual, non-exclusive, fully paid and worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Services, you automatically grant In2UsedFurniture all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Services by any party for any purpose.
9. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE IN2USEDFURNITURE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE IN2USEDFURNITURE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, IN2USEDFURNITURE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE IN2USEDFURNITURE SITE AND THE SERVICE TO THE FULLEST EXTENT PERMITTED BY LAW. IN2USEDFURNITURE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE IN2USEDFURNITURE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE IN2USEDFURNITURE SITE TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, IN2USEDFURNITURE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE IN2USEDFURNITURE SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
10. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL IN2USEDFURNITURE BE LIABLE TO ANY PERSON, FIRM OR ENTITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF IN2USEDFURNITURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE IN2USEDFURNITURE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE IN2USEDFURNITURE SITE OR THE SERVICE, FROM INABILITY TO USE THE IN2USEDFURNITURE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE IN2USEDFURNITURE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE IN2USEDFURNITURE SITE OR THE SERVICE OR ANY LINKS ON THE IN2USEDFURNITURE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE IN2USEDFURNITURE SITE OR THE SERVICE OR ANY LINKS ON THE IN2USEDFURNITURE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
11. INDEMNITY
You agree to indemnify and hold In2UsedFurniture, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Services, your use of the Services, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
12. GENERAL INFORMATION
The Terms and the relationship between you and In2UsedFurniture shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You and In2UsedFurniture agree to submit to the personal and exclusive jurisdiction of the courts located within the Mecklenburg County, North Carolina. The failure of In2UsedFurniture to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
The following are User Agreement and Terms of Use (collectively referred to as the "Terms") on which In2UsedFurniture.com (sometimes referred to as "we" or "In2UsedFurniture") offers access to the services available from the In2UsedFurniture domain and sub domains.
1. ACCEPTANCE OF TERMS; MODIFICATIONS.
In2UsedFurniture is a collection of online resources, including classified ads and various email services (referred to hereafter as "the Services"), subject to these Terms. By using the Services, you are agreeing to comply with the Terms. In addition, with each use of any Service, you agree to abide by any applicable posted guidelines for all In2UsedFurniture services. We reserve the right, at our sole discretion, at any time and from time-to-time, to change, modify or otherwise alter these Terms without prior notice. Such modifications shall become effective immediately upon their posting. Should you object to any term or condition of these Terms or any subsequent modifications or should you otherwise become dissatisfied with In2UsedFurniture in any way, your sole recourse is to discontinue use of In2UsedFurniture.
2. CONTENT
All postings, messages, text, files, images, photos, video, sounds or other materials (collectively referred to as "Content") posted on, transmitted through or linked from the Services, are the sole responsibility of the person from whom such Content originated (the "Originator"). If you are the Originator you are solely responsible for all Content you make available via the Services.
As a user of the Services, you understand and agree that In2UsedFurniture does not control or assume responsibility for Content made available through the Services, and that by using the Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You also recognize that In2UsedFurniture and any Content made available through the Services may contain links to, among other things, web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. These are completely independent of In2UsedFurniture. Your linking to any other websites is at your own risk.
In2UsedFurniture makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in the Content or any such site. You acknowledge and agree that it is your responsibility to evaluate any Content, that you bear all risks associated with the use of any Content and that you rely on any Content at your own risk. You acknowledge that In2UsedFurniture does not pre-screen or approve Content. Nevertheless, In2UsedFurniture shall have the right (but not the obligation) in its sole discretion to refuse to post, edit, delete or move any Content that is available via the Services.
3. THIRD PARTY CONTENT, SITES, AND SERVICES
Your interactions with organizations and/or individuals found on or through the Services, 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 is necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that In2UsedFurniture is not, and shall not be, responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You understand and agree that in the event of a dispute between participants on this site, or between users and any third party, In2UsedFurniture is under no obligation to become involved and has no liability in regard to such dispute.
4. PRIVACY AND INFORMATION DISCLOSURE
In2UsedFurniture has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address: http://www.In2UsedFurniture.com/privacy.php
By using In2UsedFurniture or the Services, you acknowledge and agree to the Privacy Policy. You further acknowledge and agree that In2UsedFurniture may, in its sole discretion, preserve or disclose your Content, as well as your personal information, such as email addresses, IP addresses, timestamps and other user information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary, including, without limitation, any disclosures: (a) to comply with legal process; (b) to enforce the Terms; (c) to respond to claims that any Content violates the rights of third-parties; (d) to respond to claims that contact information of a third-party has been posted or transmitted without their consent or as a form of harassment; (e) to protect the rights, property or personal safety of In2UsedFurniture, its users or the general public. TCB QUESTION: MIGHT YOU JUST INCORPORATE THE PRIVACY POLICY FULLY INTO THE TERMS INSTEAD OF A SEPARATE LINK?
5. CONDUCT
(a) You agree not to post, email, or otherwise make available through In2UsedFurniture any Content:
(1) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy or involving minors in any way;
(2) that is pornographic or depicts a human being engaged in actual or simulated sexual conduct;
(3) that harasses, degrades or intimidates or is intended to harass, degrade or intimidate, or is hateful toward, an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(4) that violates any state or local law prohibiting discrimination on the basis of race, color, national origin, religion, sex, familial status or handicap;
(5) that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity including, without limitation In2UsedFurniture and its employees;
(6) that includes personal or identifying information about another person without that person’s explicit consent;
(7) that is false, deceptive, misleading, deceitful or constitutes "bait and switch";
(8) that infringes any intellectual or other property rights of any person or Content including, without limitation patent, trademark, trade secret, copyright or other rights that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(9) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
(10) that constitutes or contains any form of advertising or solicitation unless (a) posted in areas of the In2UsedFurniture sites which are expressly designated for such purposes; or (b) directed to users who have expressly indicated in writing that it is ok to contact them about other services, products or commercial interests;
(11) that includes links to commercial services or web sites; that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
(12) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(13) that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Services, or that otherwise negatively affects other users’ ability to use the Services; or
(14) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Services.
(b) While using the facilities of In2UsedFurniture or otherwise in respect of anyone whose identity or contact information was obtained by or through In2UsedFurniture, you are expressly prohibited from the following:
(1) contacting anyone who has not expressly indicated that he or she should be contacted;
(2) stalking or otherwise harassing anyone;
(3) collecting personal data about other users for any purpose;
(4) using automated means, including spiders, robots, crawlers, data mining tools or the like to download data from the Services - unless expressly permitted in writing by In2UsedFurniture;
(5) posting non-local or otherwise irrelevant Content, repeatedly posting the same or similar Content or otherwise imposing an unreasonable or disproportionately large load on our infrastructure;
(6) attempting to gain unauthorized access to In2UsedFurniture’s computer systems
(7) engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the In2UsedFurniture website; or
(8) using any form of automated device or computer program that enables the submission of postings on In2UsedFurniture without each posting being manually entered by the author thereof.
6. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to In2UsedFurniture email addresses or through In2UsedFurniture computer systems, which is expressly prohibited by these Terms. Any unauthorized use of In2UsedFurniture computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
7. LIMITATIONS ON SERVICE
In2UsedFurniture grants you a limited, nonexclusive, revocable license to access the Services for your personal use. You acknowledge that In2UsedFurniture, in its sole discretion, reserves the right at any time to revoke such license or otherwise modify or discontinue the Services (or any part thereof) without notice. In2UsedFurniture shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. Further, you acknowledge that In2UsedFurniture may establish limits concerning use of the Services, including the maximum number of days that Content will be retained by the Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Services, and the frequency with which you may access the Services. You also agree that In2UsedFurniture has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services.
This license does not include any right to collect, aggregate, copy, duplicate or display the Services or any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by In2UsedFurniture. Other than general purpose, internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Services, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
8. PROPRIETARY RIGHTS
The Services are protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of In2UsedFurniture. You further agree not to reproduce, duplicate or copy Content from the Services without the express written consent of In2UsedFurniture, and agree to abide by any and all copyright notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.
Although In2UsedFurniture does not claim ownership of content that its users post, by posting Content to any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to In2UsedFurniture an irrevocable, perpetual, non-exclusive, fully paid and worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Services, you automatically grant In2UsedFurniture all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Services by any party for any purpose.
9. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE IN2USEDFURNITURE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE IN2USEDFURNITURE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, IN2USEDFURNITURE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE IN2USEDFURNITURE SITE AND THE SERVICE TO THE FULLEST EXTENT PERMITTED BY LAW. IN2USEDFURNITURE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE IN2USEDFURNITURE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE IN2USEDFURNITURE SITE TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, IN2USEDFURNITURE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE IN2USEDFURNITURE SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
10. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL IN2USEDFURNITURE BE LIABLE TO ANY PERSON, FIRM OR ENTITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF IN2USEDFURNITURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE IN2USEDFURNITURE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE IN2USEDFURNITURE SITE OR THE SERVICE, FROM INABILITY TO USE THE IN2USEDFURNITURE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE IN2USEDFURNITURE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE IN2USEDFURNITURE SITE OR THE SERVICE OR ANY LINKS ON THE IN2USEDFURNITURE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE IN2USEDFURNITURE SITE OR THE SERVICE OR ANY LINKS ON THE IN2USEDFURNITURE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
11. INDEMNITY
You agree to indemnify and hold In2UsedFurniture, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Services, your use of the Services, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
12. GENERAL INFORMATION
The Terms and the relationship between you and In2UsedFurniture shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You and In2UsedFurniture agree to submit to the personal and exclusive jurisdiction of the courts located within the Mecklenburg County, North Carolina. The failure of In2UsedFurniture to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
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