termsclassivibe

Use of this site signifies your agreement with the following terms of use. If you do not agree with any of these terms of use, please do not use this site. AdPay, Inc. (the "Company") reserves the right, in its sole discretion, to modify these Terms of Use at any time and you agree to be bound by such modifications through your use of the Company’s site. In addition, if you arrive at the ClassiVibe web site (the “Site”) or use any of its content through any of our partners' or affiliate web sites, you may also be subject to the terms and conditions of that web site. The Company may require you to register and provide certain information to it as a condition of using or accessing certain features, functions and content.

USE/ACCESS ELIGIBILITY

The Site and its service are available only to, and may be used only by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site is not for use by children (persons under the age of 18) unless their use of the Site is in conjunction with and under the supervision of a parent or legal guardian. If you do not qualify, please do not use the Site.

If you are using the Site on behalf of a business, you represent that you have the authority to bind the business to this Agreement.

REGISTRATION / YOUR ACCOUNT

You may browse the Site for free and without registering. However, you must register to post an ad or to buy and/or sell on the Site. During registration you will be asked to create an account consisting of a User Name and Password (Sign-In information) to identify yourself in future visits to the Site. You will be asked to provide information such as your name, address, telephone number, e-mail address, city, state, and ZIP Code. All of the information that you provide during registration is collected according to the terms of our Privacy Policy (http://adpay.com/Privacy.aspx). It is your responsibility to maintain the confidentiality of your Sign-In information and you agree to accept responsibility for all activities that occur under your account. You may not transfer, assign or sell your account (including rating and feedback) to any third party.

NOTE: You must provide accurate and current information. If you provide any information that is false, misleading, inaccurate, not current or incomplete during registration or otherwise, AdPay reserves the right to suspend or permanently terminate your account and refuse any and all current or future use of the Site. Without limiting any other remedies, AdPay reserves the right to suspend or permanently terminate your account if we suspect that you have used the Site to engage in any fraudulent activity.

TRADEMARKS, COPYRIGHTS & RESTRICTIONS

All materials on this site, including, but not limited to, images, illustrations, audio clips, video clips (the "Materials") are protected by copyrights which are owned or licensed by the Company. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from www.classivibe.com or any other web site owned or operated by the Company without the prior written permission of the Company. However, you may download or make one copy of the Materials, and other downloadable items displayed on the site, for personal non-commercial home use only consistent with the purpose for which the Materials are made available by the Company, provided all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the Company’s copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment, whether by way of copying the Materials or by linking to them, is prohibited without prior written permission from the Company.

SUBMISSIONS

All postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the "Content") posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for all Content that you post, email or otherwise make available through the Site. For all Content provided by you, you agree to indemnify Provider as provided below.

By uploading or otherwise posting any Content on the Site, you represent and warrant: (i) you own or otherwise have all necessary rights, including but not limited to copyrights, to the content you provide and the rights to use it as provided in this user agreement; (ii) all information you provide is true, accurate, current and complete, and does not violate this user agreement; and, (iii) the content will not cause injury to any person or entity, and (iv) that is not illegal to sell you specific item(s) under any applicable law, statute, ordinance, or regulation. It is your responsibility to ensure that what you list for sale on the Site is legal and conforms to all the legal requirements of your local, state, provincial, federal or foreign law and regulations.

You agree not to post, upload, transmit, distribute or otherwise publish in these or any other forums connected with the Company any materials which contain any offensive content. "Offensive Content" includes, without limitation, words, images, sounds or other content which: (i) is profane, obscene or involves child pornography; (ii) denigrates a class of people because of their race, religion, country of origin, sexual orientation or gender; (iii) depicts violent or criminal acts, perpetrators or victims of violence or crime, or seeks to incite violence or crime; (iv) relates or pertains to any "hate group," i.e., groups that are organized in part to promote the oppression of or assert the supremacy of any class of people; or (v) contains defamatory or libelous statements or unlawfully disparaging remarks or threats.

You agree not to post items which include but are not limited to:

• Defamatory, abusive, threatening or an invasion of privacy in nature.

• An infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity.

• An advertisement or solicitation of funds, goods, or services.

• Academic, Beta, and/or OEM Software

• Counterfeit or knock-off goods

• Fireworks, explosives, and/or hazardous materials

• Gambling items

• Police-related items

• Prescription and/or over-the-counter (OTC) drugs and medical devices

• Goods made from protected animal and/or plant species

• Human parts, bodily fluids, and/or human remains

• Illegal drugs, drug paraphernalia, steroids, and/or other controlled substances

• Items subject to United States embargo laws

• Offensive material

• Recalled items

• Stocks, bonds and/or securities

• Government ids

• Hacking, surveillance, interception, and/or descrambling equipment

• Stolen property and/or items used for theft

• Individual contracts and/or non-transferable items

• Weapons and/or ammunition

• Alcohol to persons not of lawful age

• Tobacco products to persons not of lawful age

LICENSE

For all such information and material, you grant the AdPay, Inc., its affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future.

NO PRE-SCREENING OR EDITING

This site may offer weblogs, forums, photo galleries and other interactive areas where users can express opinions, share ideas, and share information. AdPay, Inc. cannot and does not monitor all of the material posted or transmitted to the Site. Additionally, the Company does not control, and is not responsible for Content made available through the Site by members. By using the Site, you may be exposed to Content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of the Site and any of its Content, including but not limited to whether you should rely on said Content.

You also agree that under no circumstances will AdPay, Inc. or its affiliates 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, e-mailed or otherwise made available via the Site. You acknowledge that the Company and its affiliates may not pre-screen or approve Content, but that the Company shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Site, for violating the letter or spirit of this agreement or for any other reason. The Company reserves the right to delete any posting, message, photograph, video, or multimedia file at any time, for any reason or no reason.

TERMINATION

The Company may, at its sole discretion, terminate or suspend your access to all or any part of the site without prior notice, for any reason, including without limitation, (a) breach of this Agreement or other guidelines or rules incorporated herein, (b) request by law enforcement or other government agencies, (c) request by you, (d) discontinuance or material modification to the Site (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. You agree that any termination shall be at AdPay’s sole discretion and that AdPay shall not be liable to you or any third-party for any termination of your account or your access to the Site. In the event this agreement is terminated, the restrictions regarding materials appearing on the site, and the representations and warranties, indemnities, and limitations of liabilities set forth in this agreement shall survive any such termination.

RELEASE

You agree that AdPay is not a party to any negotiations or transactions between the buyers and sellers who use the Site. In the event that you have a dispute with one or more users arising from any communications, negotiations, transactions, or other activities conducted or initiated through the Site, you release AdPay and its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing this release, which if known by him must have materially affected his settlement with the debtor."

DISCLAIMER OF WARRANTIES

You agree that use of the Site is at your own risk. The site is provided "as is" and "as available" and without warranty or condition of any kind. AdPay expressly disclaims any and all warranties, whether express, implied or statutory, including, but not limited to, the implied warranties of accuracy, merchantability, fitness for a particular purpose, non-infringement and noninterference with your enjoyment of the site or services. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

AdPay makes no warranty that the Site will satisfy your requirements or that the availability of the Site will be uninterrupted, timely, secure, error free, or virus free. Nor does AdPay make any warranty as to the results that may be obtained from the use of the site as to the accuracy or reliability of any information obtained from the site.

You understand and agree that obtaining any information or material and/or goods or services through the Site is done at your own discretion and risk and that you will be solely responsible for any damage resulting from any transaction. No advice or information, whether oral or written, obtained by you from AdPay or through or from the Site shall create any warranty not expressly stated herein.

LIMITATION OF LIABILITY

In no event shall AdPay or its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates be liable to you or any third-party for any indirect, incidental, special, consequential or exemplary damages, (howsoever arising, including negligence), including but not limited to, damages for cost of procurement of substitute goods or loss of profits, use, data or other intangibles, resulting from or in connection with (i) our site, services or this agreement, (ii) the receipt or loss of data, information or messages transmitted through the site, (iii) transactions entered into through or from the site, or (iv) unauthorized access to or alteration of user's transmissions or information, even if AdPay has been advised of the possibility of such damages and even if any limited remedy specified herein is found to have failed of its essential purpose. In no event shall AdPay be liable for any damages whatsoever resulting from the statements or conduct of any third party, or the interruption, suspension or termination of the site or our services, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.

In no event shall AdPay's total liability to you or any third party for any damage, loss, or cause of action exceed the lesser of (i) the dollar value of the actual loss or (ii) one hundred dollars ($100). Some jurisdictions do not allow the limitation or exclusion of warranties or of liability for incidental or consequential damages so some of the foregoing above may not apply to you.

INDEMNITY

You agree to defend, indemnify and hold AdPay and its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates harmless from and against any and all claims made by or liabilities to any third party resulting from any activities conducted under your account, your use or misuse of the Site, including but not limited to posting content on the Site, entering into transactions with other Site users, contacting others as a result of their posting(s) on the Site, infringing a third-party's intellectual property or other rights, failing to deliver goods or payment to other Site users or otherwise arising out of your breach of this agreement.

NOTICES

Any notices given pursuant to this agreement that are directed to AdPay shall be given by postal mail to: AdPay, Inc. 391 Inverness Parkway, Suite 300, Englewood, Colorado 80112, Attn: Legal. Any notice from AdPay that is directed to you shall be delivered to the mailing address or e-mail address you provided us at the time of Registration, or as you may update that information from time to time. Notice shall be deemed given twenty-four (24) hours after e-mail is sent or, in the case of notice sent via postal mail, three (3) business days after the date of mailing.

JURISDICTION

This site is controlled and operated by the Company from the Company’s headquarters in Englewood, Colorado. The Company does not represent or warrant that Materials on the site are appropriate or available for use in other locations. If you choose to access this site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.

This agreement shall be governed by and construed in accordance with the laws of the State of Colorado, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to the site shall be brought in either the State or Federal Courts of Colorado. If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and the Company concerning your use of the site.

ADDITIONAL INFORMATION

Our Privacy Policy is available at http://adpay.com/Privacy.aspx. We may change our Privacy Policy from time to time and our changes are effective at time of posting.

In addition, other rules and guidelines posted throughout the Site may govern your activities and use of our Site.

AdPay, Inc.

391 Inverness Parkway, Suite 300

Englewood, Colorado 80112

303.268.1535