Lackawanna Online

Terms

The online platform known as Lackawannas.com (or "LAS") offers a range of digital resources, including classified advertisements and messaging services (collectively referred to as "the Service"). By using the Service, you are agreeing to comply with the following Terms of Use ("Terms"). It is important to note that when using specific LAS services, you must also adhere to any applicable guidelines that may change periodically. In the event that you object to any of the Terms, guidelines, or subsequent updates, or if you are not satisfied with LAS in any way, your sole option is to cease using the platform immediately. It is within LAS's power to enforce the Terms through various means, such as self-help, community moderation, active investigation, litigation, and prosecution, although the company is not obligated to do so.

2. MODIFICATIONS TO THIS AGREEMENT

We retain the right, at our sole discretion, to modify, amend, or otherwise adjust the terms and conditions of this agreement at any time. Any such changes will take effect immediately upon being posted. It is your responsibility to review this agreement periodically to stay informed of any updates.

3. CONTENT

You acknowledge that all materials, including postings, messages, text, files, images, photos, videos, sounds, or other content ("Content") that are posted, transmitted, or linked from the Service, are the sole responsibility of the individual who originated the Content. Specifically, you are solely responsible for any individual item ("Item") of Content that you make available via the Service, whether by posting or email. You recognize that LAS does not control or accept responsibility for any Content that is available through the Service, and that using the Service may expose you to Content that is indecent, offensive, misleading, inaccurate, or objectionable. Additionally, the LAS site and the Content available through the Service may contain links to other independent websites for which LAS makes no representation or warranty as to accuracy, completeness, or authenticity. Any risk associated with your use of such Content is your responsibility, and you must evaluate such Content accordingly. You may not rely on said Content, and under no circumstances will LAS 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, emailed, or otherwise made available via the Service. You acknowledge that LAS does not pre-screen or approve Content, but that LAS may refuse, delete or move any Content available through the Service that violates the Terms or for any other reason, at its sole discretion.

4. THIRD PARTY CONTENT,SERVICES , AND SITES

The LAS site and Content that are available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of LAS, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Any interactions you have with organizations or individuals found on or through the Service, including the payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and those organizations or individuals. Before proceeding with any online or offline transaction with any of these third parties, you should conduct whatever investigation you deem necessary or appropriate.

You acknowledge that LAS is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings. In the event of a dispute between participants on this site or between users and any third party, you understand and agree that LAS is not obliged to intervene. If you have a dispute with one or more other users, you hereby release LAS, its officers, employees, agents and successors in rights from any claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

5. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your intellectual property rights have been violated, including copyright infringement, please inform LAS's designated agent for receiving notices of copyright or other intellectual property infringement claims ("Agent") by sending an email to 

copyright@lackawannas.com

Please provide our Agent with the following Notice:

a) A detailed description of the material on the LAS site that you claim is infringing, to enable us to locate it on the website;

b) A statement from you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

c) A statement from you, made under penalty of perjury, that the information provided in your report is accurate, and that you are either the owner of the copyright interest involved or are authorized to act on behalf of that owner;

d) Your contact information, including your address, phone number, and email address; and

e) Your physical or electronic signature.

After receiving your report, LAS will take appropriate action in accordance with the Digital Millennium Copyright Act (DMCA) to remove the infringing posting(s).

6. PRIVACY AND INFORMATION DISCLOSURE

LAS has a Privacy Policy that outlines the collection and use of user information, which can be found at https://www.lackawannas.com/privacy.

By using the LAS website or Service, you acknowledge and agree to the terms of our Privacy Policy. Additionally, you understand and consent that LAS may, at its sole discretion, preserve or disclose your Content and personal information, such as email addresses, IP addresses, timestamps, and other user information, if necessary to comply with legal processes, enforce the Terms, respond to claims that any Content infringes the rights of third parties, respond to claims that contact information of a third-party has been posted or transmitted without their consent or as a form of harassment, or protect the rights, property, or personal safety of LAS, its users, or the public.

7. CONDUCT

To ensure the safety and well-being of all our users, you agree not to post, email, or otherwise make available any Content that:

a) Violates any applicable laws or regulations, including those related to hate speech, discrimination, or harassment;

b)  Depicts any individual engaged in actual sexual conduct, including but not limited to sexual intercourse (oral-genital, anal-genital, or genital-genital), masturbation, sadistic or masochistic abuse, lascivious exhibition of genitals, or any act of bestiality, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;

c) It should not harass, intimidate, degrade or express hate towards an individual or a group of individuals on the basis of their religion, gender, sexual orientation, ethnicity, age, or disability;

d) It should not violate the Fair Housing Act by expressing discriminatory preferences in any notice or ad for the sale or rental of any dwelling, based on race, color, national origin, religion, sex, familial status or handicap, or violate any state or local law prohibiting discrimination based on such characteristics;

e) It should not violate any federal, state, or local equal employment opportunity laws, including but not limited to, expressing a preference or requirement based on race, color, religion, sex, national origin, age, or disability in any employment advertisement.

f) violates the anti-discrimination provision of the Immigration and Nationality Act with respect to employers who have four or more employees. This includes requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless such requirement is mandated by law, regulation, executive order, or federal, state, or local government contract.

g) impersonates a person or entity, including a LAS employee, or falsely claims or misrepresents your affiliation with a person or entity. However, this provision does not apply to Content that is a lawful non-deceptive parody of public figures.

h) discloses personal or identifying information about another person without their explicit consent;

i) is false, misleading, or constitutes "bait and switch";

j) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, or Content that you do not have the right to make available under any law or under contractual or fiduciary relationships;

k) constitutes or contains unsolicited commercial messages such as "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or "pyramid schemes";

l) constitutes or facilitates any form of advertising, offers, or solicitation that is not allowed under LAS's terms of use, such as posting in areas that are not designated for such purposes or emailing LAS users who have not consented to receive such messages;

m) that includes links to commercial services or web sites, except as allowed in "services";

n) advertises any illegal service or the sale of any items that are prohibited or restricted by law. To help you comply with this policy, we have provided a partial list of prohibited items for sale and services offered at the following web address:

https://www.lackawannas.com/prohibited-items

o) Content that includes computer code, files, or programs, such as software viruses, that are designed to interfere, damage, or restrict the functionality of any computer software or hardware, or telecommunications equipment.

p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

q) Content that conceals the origin of transmitted Content through the service by using misleading email addresses or forged headers, or any other identifiers that have been manipulated.

Additionally, you agree to abide by the following guidelines:

r) Do not contact any user who has asked not to be contacted or initiate unsolicited contact with anyone for any commercial purpose.

s) Do not stalk or harass any user on the platform.

t) Do not collect personal data from other users for commercial or illegal purposes.

u) Do not use automated tools, such as spiders, robots, or data mining tools, to download data from the Service, unless expressly permitted by LAS.

v) Do not post non-local or irrelevant Content, repeatedly post the same or similar Content, or overload our infrastructure with an unreasonable or disproportionate load.

w) Do not post the same item or service in multiple classified categories or metropolitan areas.

x) attempting to gain unauthorized access to LAS computer systems or engaging in any activity that disrupts, reduces the quality of, interferes with the performance of, or impairs the functionality of the Service or the LAS website;

y) using any type of automated device or computer program, such as an automated posting device, to submit postings on LAS without manual input from the author, including bulk submissions or automatic submissions at regular intervals, unless LAS grants written approval; or

z) using any form of automated device or computer program, such as a flagging tool, that enables the use of LAS "flagging system" or other community moderation systems without manual input from the person initiating the flag, or using the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these Terms.

8. POSTING AGENTS

A "Posting Agent" is any third-party agent, service, or intermediary that proposes to post Content to the Service on behalf of others. To reduce demands on LAS resources, you are not authorized to use a Posting Agent to post Content to the Service without explicit permission or license from LAS. Similarly, Posting Agents are prohibited from posting Content on behalf of others, causing Content to be posted on behalf of others, or accessing the Service to help with posting Content on behalf of others, except with express permission or license from LAS.

9. NO SPAM POLICY

Sending unsolicited email advertisements to LAS email addresses or through LAS computer systems is strictly forbidden by these Terms and is a breach of these Terms and specific federal and state laws, such as the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Violators may be subject to civil and criminal penalties, as well as any of their agents. Such unauthorized use of LAS computer systems is a serious matter, and LAS will enforce this policy to the fullest extent of the law.

10. PAID POSTINGS

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the Terms. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the Terms.

11. LIMITATIONS ON SERVICE

You recognize that LAS may impose limits on the use of the Service, such as the maximum duration of Content retention, the maximum number and size of postings, email messages, or other Content that can be transmitted or stored by the Service, and the frequency of your Service access. You agree that LAS is not responsible for deleting or failing to store any Content that is maintained or transmitted by the Service. You recognize that LAS retains the right to adjust or terminate the Service (or any part thereof) at any moment, with or without prior notice, and that LAS will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

12. ACCESS TO THE SERVICE

LAS provides you with a limited, nonexclusive, revocable license to use the Service for your personal purposes. This license does not include: (a) Posting Agents' access to the Service; or (b) the use of data mining, robots, spiders, or comparable data collection and extraction tools to obtain access to the Service for any purpose, including any aggregation, copying, duplication, display, or derivative use of the Service, unless LAS expressly approves it. LAS grants an exemption to (b) to non-commercial public archives and internet search engines that employ such tools solely for the purpose of displaying hyperlinks to the Service. The exemption is subject to certain conditions, including the use of stable IP addresses, readily identifiable agents, and compliance with the robots.txt file.

LAS offers RSS feeds to provide different components of the Service so that users can embed individual feeds on a website or view postings using third-party news aggregator software. You are allowed to present, extract, and link to RSS feeds on your website, subject to the following requirements: (a) each title must link back properly to the original post on the Service and redirect the user to the post when clicked, (b) proper attribution to "Lackawannas.com" must be given adjacent to the RSS feed, (c) your use or presentation must not imply that LAS promotes or endorses any third party causes, ideas, websites, products, or services, and (d) your use must not overload LAS systems. LAS reserves all rights to the content of the RSS feeds and may terminate any RSS feed at any time.

Your access to the Service beyond the scope of the authorized access granted to you by LAS immediately terminates said permission or license.

13. TERMINATION OF SERVICE

You acknowledge and agree that Lackawannas reserves the right to terminate your access to the Service, block your IP or email address, or deactivate your account, without notice, and delete or remove any Content within the Service, at any time and for any reason, at its sole discretion. This may include the termination of your access to or use of any part of the Service, without any liability on the part of LAS to you or any third-party. You also agree not to attempt to use the Service after any such termination. The provisions of Sections 2, 4, 6, and 10-19 shall continue to apply and survive the termination of these Terms.

14. PROPRIETARY RIGHTS

The Service is fully protected by copyright laws and international treaties. Content displayed on or through the Service is considered a compilation or collective work and is protected by copyright laws and international conventions. You are prohibited from reproducing, modifying, creating derivative works from, or redistributing the site or the collective work. Copying or reproducing the sites or any portion of them to any other server or location for further reproduction or redistribution is strictly forbidden without LAS's express written consent. You also agree not to reproduce, duplicate or copy content from the Service without LAS's written permission and to comply with all copyright notices displayed on the Service. Reverse engineering or attempting to discover any source code contained in the Service is strictly prohibited. In addition, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any aspect of the Service.

Even though LAS does not assert ownership of user-posted content, by posting Content to any public area of the Service, you automatically grant LAS an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content. Furthermore, you represent and warrant that you have the right to grant LAS the license, and you authorize sublicenses (through multiple tiers) of the foregoing. Additionally, by posting Content to any public area of the Service, you automatically grant LAS all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

15. DISCLAIMER OF WARRANTIES

Your use of the LAS site and the service is at your own risk. LAS provides the site and service on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied. LAS expressly disclaims all warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, to the fullest extent permitted by law. LAS also disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the LAS site and the service. LAS does not guarantee the quality or reliability of any other services or goods received through or advertised on the LAS site, or accessed through any links on the LAS site. LAS disclaims any warranties for viruses or other harmful components in connection with the LAS site or the service, to the fullest extent permitted by law. Some jurisdictions do not allow the disclaimer of implied warranties, in which case some of the foregoing disclaimers may not apply to you.

16. LIMITATIONS OF LIABILITY

LAS shall not be held liable for any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of the LAS site or the service. This applies to any damages arising from your use or misuse of the LAS site or the service, as well as any damages resulting from your inability to use the LAS site or the service, or from any interruption, suspension, modification, alteration, or termination of the LAS site or the service. This limitation of liability shall also apply to any damages incurred by reason of other services or products received through or advertised in connection with the LAS site or the service or any links on the LAS site. Additionally, this limitation of liability applies to any information or advice received through or advertised in connection with the LAS site or the service or any links on the LAS site. These limitations apply to the fullest extent permitted by law. However, in certain jurisdictions, limitations of liability are not permitted, and some of the foregoing limitations may not apply to you.

17. INDEMNITY

You hereby agree to protect and hold harmless LAS, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees from any claims or demands, including reasonable attorney fees and court costs, made by any third party due to or arising out of your submission, posting or making available of Content through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your infringement of any rights of another.

18. GENERAL INFORMATION

The Terms regulate and govern the use of the Service and form the entire agreement between you and LAS, replacing any prior agreements. The relationship between you and LAS shall be governed by the laws of the State of Washington, without considering its conflict of law provisions. LAS and you agree to the personal and exclusive jurisdiction of the courts located in King County, Washington. If LAS does not exercise or enforce any right or provision of the Terms, it shall not be considered as a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms invalid, the court should still try to give effect to the parties' intentions, as reflected in the provision, and the other provisions of the Terms will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose, or it will be barred forever.

19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the Terms by flagging the posting(s) for review, or by contacting us.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that in the event LAS is required to take legal action to enforce these Terms, you will be liable to pay LAS the following amounts as liquidated damages for the specified breaches of these Terms, as determining the exact damages is often difficult:

a. If you post a listing and/or message that (1) impersonates any person or entity; (2) falsely represents or otherwise misrepresents your association with a person or entity; or (3) that includes personal or identifying information about another person without their express permission, you must pay LAS one thousand dollars ($1,000) for each such message. However, this provision does not apply to Content that constitutes lawful, non-deceptive parody of public figures.

b. If LAS sets limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay LAS one hundred dollars ($100) for each listing and/or message posted exceeding such limits or for each day in which you access LAS beyond such limits, whichever is greater.

c. If you send unsolicited email advertisements to LAS email addresses or through LAS computer systems, you agree to pay LAS twenty-five dollars ($25) for each such email.

d. If you post Content in violation of the Terms, other than as previously described, you agree to pay LAS $100 for each Item of Content posted. LAS may issue a warning before assessing damages at its sole discretion.

e. If you are a Posting Agent who uses the Service in violation of the Terms, in addition to any liquidated damages under clause (d), you agree to pay LAS $100 for each Item you post in violation of the Terms. A Posting Agent will also be considered an agent of the party that hired them to access the Service (the "Principal"), and the Principal (by hiring the Posting Agent in violation of the Terms) agrees to pay LAS an additional $100 for each Item posted by the Posting Agent on their behalf in violation of the Terms.

f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit any Content (other than your own) in violation of the Terms without LAS express written permission, you agree to pay LAS $3,000 for each day in which you engage in such conduct.

g. If you collect personal data about other users for commercial or unlawful purposes or make unsolicited contact with anyone for any commercial purpose in violation of the Terms without LAS express written permission, you agree to pay LAS $3,000 for each day you engage in such conduct.

Otherwise, you agree to pay LAS actual damages, to the extent that such actual damages can be reasonably calculated. LAS retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof, notwithstanding any other provision of these Terms.