- December 18, 2018
- Posted by: The Legend
LICENSE. If you agree to the TOU and (1) are of sufficient age and capacity to use SAF and be bound by the TOU, or (2) use SAF on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use SAF in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from SAF, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
USE. Unless licensed by us in a written agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with SAF, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect SAF content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of SAF’s policies or rules referenced above (“Prohibited Content”). You agree not to abuse SAF’s flagging or reporting processes. You agree not to collect SAF user information or interfere with SAF. You agree we may moderate SAF access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.
LIQUIDATED DAMAGES. You further agree that if you violate the USE section, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting SAF users’ information, including personal or identifying information – $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of SAF without that party’s express written consent – $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of SAF – $1,000 per violation; (D) posting or attempting to post Prohibited Content – $4 per violation; (E) posting or attempting to post Prohibited Content in any paid section of SAF – the price per post applicable to that section of SAF; (F) sending an unauthorized/unsolicited email to an email address obtained from SAF – $25 per violation; (G) using CL user information to make/send an unauthorized/unsolicited text message, call, or communication to a SAF user – $500 per text/call/communication; (H) creating a misleading or unlawful SAF account or buying/selling a SAF account – $4 per violation; (I) abusing or attempting to abuse SAF’s flagging or reporting processes – $1 per violation; (J) distributing any software to facilitate violations of the USE Section – $1,000 per violation; (K) aggregating, displaying, copying, duplicating, reproducing, distributing, or exploiting SAF content for any purpose without our express written consent – $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of SFXCL in any 24-hour period – $0.25 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts – $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
FEES. You authorize us to charge your account for SAF fees in paid areas (SAFETH.io, safethmarket.com posting_fees). Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.
DISCLAIMER & LIABILITY. To the full extent permitted by law, SAFETH, Inc., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“SAF Entities”) (1) make no promises, warranties, or representations as to SAF, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide SAF on an “AS IS” and “AS AVAILABLE” basis and any risk of using SAF is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with SAF. SAF Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to SAF, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to SAF (“Claims”) will be governed by the internal laws of California, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in San Francisco, CA (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in San Francisco, CA; (2) indemnify and hold SAF Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of SAF; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
TRADEMARKS. SAFETH,SAFEX PLATINUM SAFETH CASH “SAF” and the logo are registered trademarks with the U.S. Patent and Trademark Office and with multiple trademark offices around the world.
MISC. Users complying with prior written licenses may access SAF thereby until authorization is terminated. Otherwise this is the exclusive and entire agreement between us and you, and our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations. If you reasonably believe content infringes your IP rights, see safeth.io/dmca. Questions? Email email@example.com
This policy details how data about you is used when you access our websites and services (together, “SAF”) or interact with us. If we update it, we will revise the date, place notices on SAF if changes are material, and/or obtain your consent as required by law.
1. Protecting your privacy
- We take precautions to prevent unauthorized access to or misuse of data about you.
- We do run ads, other than the classifieds posted by our users.
- We do not share your data with third parties for marketing purposes.
- We do not engage in cross-marketing or link-referral programs.We do not employ tracking devices for marketing purposes.
- We do not send you unsolicited communications for marketing purposes.
- We do not engage in affiliate marketing (and prohibit it on SFXCL).
- We do provide email proxy & relay services to reduce unwanted email.
- Please review privacy policies of any third party sites linked to from SFXCL.
2. Data we use to provide/improve our services and/or combat fraud/abuse:
- data you post on or send via SFXCL, and/or send us directly or via other sites
- credit card data, which is transmitted to payment processors via a security protocol (e.g. SSL).
- data you submit or provide (e.g. name, address, email, phone, fax, photos, tax ID).
- web log data (e.g. web pages viewed, access times, IP address, HTTP headers).
- data collected via cookies (e.g. search data and “favorites” lists).
- data about your device(s) (e.g. screen size, DOM local storage, plugins).
- data from 3rd parties (e.g. phone type, geo-location via IP address).
3. Data we store
- We retain data as needed for our business purposes and/or as required by law.
- We make good faith efforts to store data securely, but can make no guarantees.
- You may access and update certain data about you via your account login.
4. Circumstances in which we may disclose user data:
- to vendors and service providers (e.g. payment processors) working on our behalf.
- to respond to subpoenas, search warrants, court orders, or other legal process.
- to protect our rights, property, or safety, or that of users of SFXCL or the general public.
- with your consent (e.g. if you authorize us to share data with other users).
- in connection with a merger, bankruptcy, or sale/transfer of assets.
- in aggregate/summary form, where it cannot reasonably be used to identify you.
International Users – By accessing SFXCL or providing us data, you agree we may use and disclose data we collect as described here or as communicated to you, transmit it outside your resident jurisdiction, and store it on servers in the United States. For more information please contact our privacy officer at firstname.lastname@example.org.
Here is a partial list of goods, services, and content prohibited on safethmarket.com/safeth.io:
- weapons; firearms/guns and components; BB/pellet, stun, and spear guns; etc
- ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, explosives
- offers, solicitation, or facilitation of illegal prostitution and/or sex trafficking
- exploitation or endangerment of minors; child pornography
- recalled items; hazardous materials; body parts/fluids; unsanitized bedding/clothing
- prescription drugs, medical devices; controlled substances and related items
- alcohol or tobacco; unpackaged or adulterated food or cosmetics
- pet sales (re-homing with small adoption fee ok), animal parts, stud service
- endangered, imperiled and/or protected species and any parts thereof, e.g. ivory
- false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam
- offensive, obscene, defamatory, threatening, or malicious postings or email
- anyone’s personal, identifying, confidential or proprietary information
- food stamps, WIC vouchers, SNAP or WIC goods, governmental assistance
- stolen property, property with serial number removed/altered, burglary tools, etc
- ID cards, licenses, police insignia, government documents, birth certificates, etc
- US military items not demilitarized in accord with Defense Department policy
- counterfeit, replica, or pirated items; tickets or gift cards that restrict transfer
- lottery or raffle tickets, sweepstakes entries, slot machines, gambling items
- spam; miscategorized, overposted, cross-posted, or nonlocal content
- postings or email the primary purpose of which is to drive traffic to a website
- postings or email offering, promoting, or linking to unsolicited products or services
- affiliate marketing; network, or multi-level marketing; pyramid schemes
- any good, service, or content that violates the law or legal rights of others
Please don’t use SAF for these purposes, and flag anyone else you see doing so.
Thanks for helping keep safethmarket.com and safeth.io safe and useful for everyone