1. INTRODUCTION
Welcome to the LUACH.COM Web Site (the "Site"), provided to you by Luach.com. Please review the following terms of service before using this Site.
This agreement, and any other terms and conditions posted on any individual page of this Site, governs the user and Member services on the Site. Use of this Site constitutes acceptance of these terms and creates a binding legal agreement wherein you agree to use the Site in a manner consistent with all applicable laws and according to the terms and conditions listed below.
2. COPYRIGHT AND TRADEMARK INFORMATION
LUACH and LUACH.COM is a registered trademark, and other LUACH product names, service names, slogans or logos referenced in this Site are trademarks or registered trademarks of Luach.com.
Copyright Information
All materials contained on this website; including but not limited to, articles, text, graphic images, logos, button icons and the selection and arrangement thereof; are protected by United States copyright laws. These materials may not be reproduced, modified, distributed, transmitted, displayed, published or broadcast without the prior written permission of Luach.com. However, Luach.com does not own and makes no claim to the images and text contained in postings and member accounts that are user-sumbitted. Luach.com reserves its rights in and to all other content contained in the Site. All Rights Reserved.
3. PRICE AND PAYMENT
Use of browsing Luach.com is free, with no obligation of purchase.
3.1 CANCELLATION OR EARLY TERMINATION
Payment for advertisements (featured or upgraded listings, or any other paid ad) are non refundable, even in the event of early cancellation by user.
Advertisements that do not meet Luach's standards may also be terminated by Luach moderators, in which case the non-refundable policy also applies.
4. TERMS OF MEMBERSHIP
Membership is available to anyone who provides all required information including an accurate email address. In addition, each member can create a Luach user name and password for future access to the Site. The Member will then be able to create and manage Ads (also referred to as "postings", "posts", or "listings") on Luach.
(a) Members may have one active membership account on Luach.
(b) In order to view Luach Ads, registration is NOT required.
(d) Membership and the Luach service is also governed by the Luach Privacy Statement.
(e) All use of this Site is subject to the following:
(f) Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any materials from this Web site in whole or in part without the prior written permission of Luach.com.
Luach.com claims no ownership rights to the content you place on our Luach.com site. For the sole purpose of displaying images to selected persons, Members grant to Luach.com a non-exclusive, worldwide, royalty-free license to use, download, upload, copy, print, display, reproduce, modify, publish, post, transmit and distribute any material included on Luach.com.
By posting on Luach.com, Members grant Luach.com a royalty-free, nonexclusive, perpetual, unrestricted, worldwide license to publish, transmit, perform, display and otherwise use the submissions for any purpose, including, but not limited to, advertising and promotional purposes. No credit or compensation is due to Members or posters for such use.
5. GUIDELINES FOR MEMBERS
(a) Unacceptable actions and content on the Site, listed below, will constitute grounds for blocking access, removal of posted material and/or membership termination. It is a condition of your use of the Site that you do not:
(i) Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, or otherwise objectionable;
(ii) Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(iii) Harm minors in any way;
(iv) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
(v) Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software; upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(vi) Interfere with or disrupt (or attempt to interfere with or disrupt) the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(vii) Exhibit expressions of abuse, offensive language and imagery, obscenity, or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under applicable state or federal law, or violating any laws or regulations of any governing body having jurisdiction over Luach.com, its affiliates or users.
(viii) Any materials inconsistent with the values of the spirit of the Luach community.
(ix) Upload, post, any redundant information.
6. TERMINATION OF MEMBERSHIP SERVICE
(a) Luach.com may terminate Membership and delete any and all information, communications, postings, and image files at any time, without notice, for conduct violating this Agreement or other policies or guidelines set forth by Luach.com elsewhere on the Site.
(b) Luach.com may terminate Membership and delete any and all information, communications, postings, and image files at any time, without notice, for online conduct that Luach.com believes is harmful to other Members, the business of Luach.com, or other third party information providers.
(c) Luach.com reserves the right at all times to disclose any information posted by you or any other user as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Luach's sole discretion are objectionable or in violation of these terms and conditions.
7. DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY
(a) Luach.com hereby disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in this Site. Luach.com further disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Luach.com disclaims any responsibility for any harm resulting from downloading or accessing any information or material through the Site, or emailed to you or your company as part of this sites services (i.e. through the contact form on your listings page). You, the user will bear all risk associated with any content that you access. Your accessing of any content made available by or through Luach.com and third parties is subject to your agreement to this provision and these Terms and Conditions.
(b) THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, LUACH.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. LUACH.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. LUACH.COM SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE.
(c) YOU, THE MEMBER, UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF SUCH MATERIAL.
(d) UNDER NO CIRCUMSTANCES SHALL LUACH.COM BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE OR ITS ASSOCIATED PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF LUACH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, PRODUCTS OR SERVICES, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES.
(e) THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
8. GOVERNING LAW
(a) All legal issues arising from or related to the use of this Site shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of New York without regard to conflicts of law principles. By using this Site and agreeing to these Terms and Conditions, you consent to personal jurisdiction and venue in the state and federal courts located in and serving Rockland County, New York with respect to such disputes arising out of or relating to these Terms and Conditions or your use of the Site.
9. INDEMNITY
By using this web site you agree to indemnify Luach.com and its parents, subsidiaries, affiliates, directors, officers, consultants and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of this Service.
10. MODIFICATION OF TERMS
Luach.com reserves the right to change this policy at any time, for any reason, and without notice, including the right to terminate these services. Therefore, it is your responsibility to use this Site for the purpose in which it was intended. Any use of the Site not in accordance with the intended purpose is prohibited.
11. ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement between you, the Member, and Luach.com with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Luach.com's representations and you with respect to the subject matter hereof, except that any other terms and conditions located on any individual site associated with Luach.com are incorporated herein by this reference to the extent they do not conflict with these Terms of Service.
12. REPORTING VIOLATIONS OF THESE TERMS OF SERVICE
Any violations of these Terms of Service should be immediately reported to Luach.com by
Submitting a Help Ticket