Terms of Service
Dated: July 3, 2024
TERMS OF SERVICE
Welcome to JamaicaClassified.com!
Introduction
Thank you for using the Jamaica Classified platform. These Terms of Service (“Terms”) govern your access to and use of the website located at JamaicaClassified.com (the “Website”), including any content, functionality, product, and services offered on or through the Website (collectively, the “Service”).
User Agreement
By accessing or using the Service, you (“User”) agree to be bound by these Terms and all applicable laws, agreements, policies, and regulations incorporated herein. If you disagree with any part of these Terms, then you may not access or use the Service.
These incorporated documents include:
- Legal Disclaimer: This document outlines the limitations of our liability and disclaimers of warranties.
- Content Standards Policy: This policy details the types of content that are prohibited on the Service.
- Privacy Policy: This policy explains how we collect, use, and disclose your information when you use the Service.
- Cookie Notice: This notice explains how we use cookies and other tracking technologies on the Service.
We recommend that you carefully review all of these documents. They are listed here for your convenience, but you can also find them linked throughout the Website.
In the event of any conflict between these Terms and the incorporated policies and agreements, these Terms shall govern.
Please read this Agreement carefully and make sure you understand it. If you do not understand the Terms, or do not accept any part of it, then you may not use the Service.
Any other links or references provided in these terms are for informational use only and are not part of the Terms.
Electronic Delivery of Disclosures
You agree to receive all disclosures, agreements, notices, and other communications (collectively,”Disclosures”) related to your use of the Service electronically. Disclosures may include, but are not limited to, these Terms of Service, the Privacy Policy, account statements, transaction confirmations, service changes, and other important information.
We will provide these Disclosures to you by:
- Posting them on the Website; or
- Sending them to the email address you provide us.
Your Consent to Electronic Delivery
By using the Service, you consent to receive all Disclosures electronically. You represent and warrant that you have the capability to access, download, and store Disclosures in electronic format.
How to Withdraw Consent
You have the right to withdraw your consent to receive Disclosures electronically. To do so, you must contact us at legal@jamaicaclassified.com. However, if you withdraw your consent, you may not be able to continue using the Service.
We reserve the right to revoke our electronic delivery procedures and require delivery of Disclosures in paper form to any user if required by law.
Who May Use Our Service?
Age Requirements: You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet the minimum age requirement.
Businesses: If you are using the Service on behalf of a company or organization, you represent that you have the authority to act on behalf of that entity and that such entity agrees to These Terms.
Permissions and Restrictions
Ownership: Using the Service does not give you ownership of or rights to any aspect of the Service, including usernames or any other Content posted by others or JamaicaClassified.com.
1. Access and Use
You are granted a non-exclusive, revocable license to access and use the Service as made available to you, provided you comply with these Terms and all applicable laws. You may view or listen to Content for your personal, non-commercial use.
2. Restrictions on Use
The following restrictions apply to your use of the Service:
- Unauthorized Use of Content:
You may not access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify, or otherwise use any part of the Service or Content except:
- as expressly authorized by the Service; or
- with prior written permission from JamaicaClassified.com and, if applicable, the respective rights holders.
- Circumventing Security:
You are prohibited from circumventing, disabling, fraudulently engaging with, or otherwise interfering with any part of the Service (or attempting to do any of these things). This includes security-related features or features that:
- prevent or restrict the copying or other unauthorized use of Content; or
- limit the use of the Service or Content.
- Automated Means:
Accessing the Service using any automated means (such as robots, botnets, or scrapers) is prohibited, except for:
- public search engines, in accordance with JamaicaClassified.com’s robots.txt file; or
- with JamaicaClassified.com’s prior written permission.
Data Collection
You may not collect or harvest any information that might identify a person (e.g., usernames or faces) unless permitted by that person.
Spam and Unsolicited Content
The Service cannot be used to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations.
Engagement Manipulation
You are prohibited from causing or encouraging any inaccurate measurements of genuine user engagement with the Service. This includes, but is not limited to, paying people or providing them with incentives to increase views, likes, or otherwise manipulate metrics in any way.
Misuse of Reporting
You may not misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions.
Non-Personal Use
The Service is for personal, non-commercial use only.
Commercial Use of Content
You may not use the Service to:
- sell any advertising, sponsorships, or promotions placed on the Service or Content, other than those allowed in the Advertising on JamaicaClassified.com’s policies; or
- sell advertising, sponsorships, or promotions on any page of any website or application that relies primarily on Content from the Service (e.g., selling ads on a webpage where JamaicaClassified.com images are the main draw).
3. Additional Restrictions
JamaicaClassified.com reserves the right to establish additional restrictions and limitations on your use of the Service at any time, with or without notice. By using the Service, you agree to these restrictions and limitations.
User Accounts
You may be required to create an account (“Account”) to access certain features of the Service. You are responsible for
maintaining the confidentiality of your Account information, including your username and password, and for all activity that occurs under your Account. You agree to immediately notify JamaicaClassified.com of any unauthorized use of your Account or any other security breach.
User Content and Your Responsibilities
- You are solely responsible for all materials (“User Content”) that you upload, post, transmit, or otherwise submit through the Service. User Content includes, but is not limited to, videos, audio (e.g., music and other sounds), graphics, photos, text (e.g., comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and any other materials you or a third party provides through your use of the Service.
- By submitting User Content, you represent and warrant that you have all necessary rights and permissions to do so, and that User Content does not infringe on any intellectual property rights or other rights of any third party.
Rights you Grant
You retain ownership rights in your Content. However, we do require you to grant certain rights to JamaicaClassified.com and other users of the Service, as described below.
User Content Grant
By submitting User Content to the Service, you grant JamaicaClassified.com a non-exclusive, irrevocable, royalty-free, worldwide license to use, reproduce, modify, publish, distribute, sublicense, and translate such User Content in any and all media formats and channels currently known or hereafter developed, without any compensation or attribution to you.
Additionally, you represent and warrant that you have all necessary rights and permissions to grant the foregoing license to Jamaica Classified.com.
Content Standards
You agree to comply with our Content Standards policy, which outlines the types of content that are prohibited on the Service.
Prohibited Content
You agree not to post User Content that is:
- Illegal, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, or racially or ethnically offensive;
- Infringes on any intellectual property rights or other rights of any third party;
- Violates any applicable laws or regulations;
- Advertises or solicits for products or services that are illegal or prohibited;
- Contains false or misleading information;
- Impersonates another person; or
- Contains viruses or other malicious code.
Content Removal
- User Request: You retain the right to request the removal of your User Content at any time. We will use commercially reasonable efforts to comply with your request, but we may not be able to remove your User Content from all locations (e.g., backups) immediately.
Moral Rights
- Preservation: This license grant does not waive your moral rights in your User Content. To the extent permitted by law, you agree not to enforce any moral rights in your User Content against us or our licensees.
Term and Termination
- License Duration: The license you grant to us for your User Content will continue for as long as your User Content is hosted on the Service and for a reasonable period of time thereafter to allow us to remove or archive your User Content.
- Termination on Account Closure: Upon termination of your Account, we will remove your User Content from the Service in accordance with our data retention policy.
Third-Party Access
- Sharing with Service Providers: We may share your User Content with third-party service providers who help us operate and maintain the Service. These service providers will only use your User Content for the purpose of providing services to us.
Right to Monetize
- User Content Monetization: You grant to JamaicaClassified.com the right to monetize your User Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Term does not entitle you to any payments.
User Responsibility
Jamaica Classified does not guarantee the accuracy, completeness, or quality of User Content. You understand that by using the Service, you may be exposed to User Content that is inaccurate, offensive, indecent, or otherwise objectionable. You agree to bear all risks associated with your use of the Service and User Content.
Monitoring and Enforcement
Jamaica Classified reserves the right to monitor User Content and remove any content that violates these Terms at its sole discretion. Jamaica Classified also reserves the right to terminate your Account or access to the Service for any violation of these Terms.
Disclaimer
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR COURSE OF DEALING. JAMAICA CLASSIFIED DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE.
Limitation of Liability
IN NO EVENT SHALL JAMAICA CLASSIFIED, ITS AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE OR USER CONTENT, EVEN IF JAMAICA CLASSIFIED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify and hold harmless Jamaica Classified, its affiliates, officers, directors, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys’ fees) arising out of or relating to your use of the Service or User Content.
Termination
Jamaica Classified may terminate your access to the Service at any time, with or without cause, and with or without notice.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Jamaica, without regard to its conflict of law principles.
Dispute Resolution
Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the rules of the JAIAC – Jamaica International Arbitration Center Ltd. The arbitration shall be held in Jamaica.
Reservation of Rights
JamaicaClassified.com reserves all rights not expressly granted to you in our Terms.
Entire Agreement
These Terms constitute the entire agreement between you and Jamaica Classified regarding your use of the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written.
Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall
remain in full force and effect.
Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any
other
