Taboo Finder Terms of Use
In visiting, reading or viewing, and/or using the services and/or features of the Taboo Finder website, you agree and attest as truth that you are at least 21 years of age in the United States of America or of legal age to view such content and subject matter in your country of residence.
Acceptance of terms:
The online resources which includes classifieds, forums,
email services or any other kind of services (referred to hereafter as
"services") subject to the following terms of use ("TOU").
By using the any of the Services in any way, you are agreeing to comply with
the TOU. In addition, when using any of our services, you agree to abide by any
applicable posted guidelines for all services, which may change from time to
time. If you object to any of the terms or conditions of the TOU, any
guidelines, or any subsequent modifications, or become dissatisfied with us in
any way, your only recourse is to immediately discontinue the use of Taboo
Finder.
Modifications to this agreement:
We reserve the right, to change, modify or otherwise alter
any of these terms and conditions at any time without notification. Such
modifications shall become effective immediately upon the posting on Taboo
Finder. You must review this agreement on a regular basis to keep yourself up to
date of any changes. You can find the most recent version of the TOU at:
http://taboofinder.com/3.html
Contents:
You understand that all postings, messages, text, files,
images, photos, video, sounds, or other materials (referred to hereafter as
"Content") posted on, transmitted through, or linked from the
Service, are the sole responsibility of the person from whom such Content
originated. More specifically, you are entirely responsible for each individual
item ("Item") of Content that you post, email or otherwise make
available via the Service. You understand that Taboo Finder does not control,
and is not responsible for Content made available through the Service, and that
by using the Service, you may be exposed to Content that is offensive,
indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the
Taboo Finder site and Content available through the Service may contain links
to other websites, which are completely independent of Taboo Finder. Taboo
Finder does not represent or warranty them as to the accuracy, completeness or
authenticity of the information contained in any such site in any way. Your
linking to any other websites is at your own risk. You agree that you must
evaluate, and bear all risks associated with, the use of any Content, that you
may not rely on said Content, and that under no circumstances will Taboo Finder
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 Taboo Finder does not
pre-screen or approve any Content, but that Taboo Finder shall have the right
(but not the obligation) in its sole discretion to refuse, delete or move any
Content that is available via the Service, for violating the letter or spirit
of the TOU or for any other reason.
Third party content, sites, and services:
The Taboo Finder site and Content available through the
Service may contain features and functionalities that may link you or provide
you access to third party content which is completely independent of Taboo
Finder, including web sites, directories, servers, networks, systems, information
and databases, applications, software, programs, products or services, and the
Internet as a whole...
Your interactions with organizations and/or individuals
found on or through the Service, including payment and delivery of goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such organizations
and/or individuals. You should make whatever investigation you feel necessary
or appropriate before proceeding with any online or offline transaction with
any of these third parties.
You agree that Taboo Finder shall not be responsible or
liable for any loss or damage of any sort incurred as a result of any such
dealings. If there is a dispute between participants on this site, or between
users and any third party, you understand and agree that Taboo Finder is under
no obligation to become involved. In the event that you have a dispute with one
or more other users, you hereby release Taboo Finder, its officers, employees,
agents and successors in rights from 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. 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 the release, which, if known by him must
have materially affected his settlement with the debtor."
Notifications of claims of infringement:
If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please notify Taboo Finder for notice of claims of
copyright or other intellectual property infringement ("Agent"), using our CONTACT FORM
Please provide us the following on the notice:
- Identify the material on the Taboo Finder site that you
claim is infringing, with enough detail so that we may locate it on the
website;
- A statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent, or the
law;
- A statement by you declaring under penalty of perjury
that (1) the above information in your Notice is accurate, and (2) that you are
the owner of the copyright interest involved or that you are authorized to act
on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature. Taboo Finder will
remove the infringing posting(s), subject to the procedures outlined in the
Digital Millennium Copyright Act (DMCA).
Privacy and information disclosure:
Taboo Finder has established a Privacy Policy to explain
users how their information is collected and used, which is located at the
following web address:
http://taboofinder.com/8.html
Your use of the Taboo Finder website or the Service
signifies acknowledgement of and agreement to our Privacy Policy. You further
acknowledge and agree that Taboo Finder may, in its sole discretion, preserve
or disclose your Content, as well as your information, such as email addresses,
IP addresses, timestamps, and other user information, if required to do so by
law or in the good faith belief that such preservation or disclosure is
reasonably necessary to: comply with legal process; enforce the TOU; respond to
claims that any Content violates the rights of third-parties; respond to claims
that contact information (e.g. phone number, street address) of a third-party
has been posted or transmitted without their consent or as a form of harassment;
protect the rights, property, or personal safety of Taboo Finder, its users or
the general public.
Conduct:
You agree not to post, email, or otherwise make available
Content:
- that is unlawful, harmful, threatening, abusive,
harassing, defamatory, libelous, invasive of another's privacy, or is harmful
to minors in any way;
- that is pornographic or explicitly depicts a human being
engaged in actual sexual conduct including but not limited to (i) sexual
intercourse, including genital-genital, oral-genital, anal-genital, or
oral-anal, whether between persons of the same or opposite sex, 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;
- that harasses, degrades, intimidates or is hateful toward
an individual or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;
- that violates the Fair Housing Act by stating, in any
notice or ad for the sale or rental of any dwelling, a discriminatory
preference based on race, color, national origin, religion, sex, familial
status or handicap (or violates any state or local law prohibiting
discrimination on the basis of these or other characteristics);
- that violates federal, state, or local equal employment
opportunity laws, including but not limited to, stating in any advertisement
for employment a preference or requirement based on race, color, religion, sex,
national origin, age, or disability.
- with respect to employers that employ four or more
employees, that violates the anti-discrimination provision of the Immigration
and Nationality Act, including requiring U.S. citizenship or lawful permanent
residency (green card status) as a condition for employment, unless otherwise
required in order to comply with law, regulation, executive order, or federal,
state, or local government contract.
- that impersonates any person or entity, including, but
not limited to, a Taboo Finder employee, or falsely states or otherwise
misrepresents your affiliation with a person or entity (this provision does not
apply to Content that constitutes lawful non-deceptive parody of public
figures.);
- that includes personal or identifying information about
another person without that person's explicit consent;
- that is false, deceptive, misleading, deceitful, inaccurately
informative, or constitutes "bait and switch";
- that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party, or Content that you do not
have a right to make available under any law or under contractual or fiduciary
relationships;
- that constitutes or contains "affiliate
marketing," "link referral code," "junk mail,"
"spam," "chain letters," "pyramid schemes," or
unsolicited commercial advertisement;
- that constitutes or contains any form of advertising or
solicitation if: posted in areas of the Taboo Finder sites which are not
designated for such purposes; or emailed to Taboo Finder users who have not
indicated in writing that it is ok to contact them about other services,
products or commercial interests.
- that includes links to commercial services or web sites,
except as allowed in "services";
- that advertises any illegal service or the sale of any
items the sale of which is prohibited or restricted by any applicable law,
including without limitation items the sale of which is prohibited or regulated
by the laws of your respective state of residence.
- that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
- 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
- that employs misleading email addresses, or forged
headers or otherwise manipulated identifiers in order to disguise the origin of
Content transmitted through the Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted;
- "stalk" or otherwise harass anyone;
- collect personal data about other users for commercial or
unlawful purposes.
- use automated means, including spiders, robots, crawlers,
data mining tools, or the like to download data from the Service - unless
expressly permitted by Taboo Finder.
- post non-local or otherwise irrelevant Content,
repeatedly post the same or similar Content or otherwise impose an unreasonable
or disproportionately large load on our infrastructure.
- post the same item or service in more than one classified
category or forum, or in more than one metropolitan area.
- attempt to gain unauthorized access to Taboo Finder
computer systems or engage in any activity that disrupts, diminishes the
quality of, interferes with the performance of, or impairs the functionality
of, the Service or the Taboo Finder website, or
- use any form of automated device or computer program that
enables the submission of postings on Taboo Finder without each posting being
manually entered by the author thereof (an "automated posting
device"), including without limitation, the use of any such automated
posting device to submit postings in bulk, or for automatic submission of
postings at regular intervals.
Posting Agents:
A "Posting Agent" is a third-party agent,
service, or intermediary that offers to post Content to the Service on behalf
of others. To moderate demands on Taboo Finder resources, you may not use a
Posting Agent to post Content to the Service without express permission from
Taboo Finder. Correspondingly, Posting Agents are not permitted to post Content
on behalf of others, to cause Content to be so posted, or otherwise access the
Service to facilitate posting Content on behalf of others, except with express
permission from Taboo Finder.
No spam policy:
You understand and agree that sending unsolicited email
advertisements to Taboo Finder email addresses or through Taboo Finder computer
systems, which is expressly prohibited by these TOU. Any unauthorized use of
Taboo Finder computer systems is a violation of the TOU and certain federal and
state laws. Such violations may subject the sender and his or her agents to
civil and criminal penalties.
Limitations of service:
You acknowledge that Taboo Finder may establish limits
concerning use of the Service, including the maximum number of days that
Content will be retained by the Service, the maximum number and size of
postings, email messages, or other Content that may be transmitted or stored by
the Service, and the frequency with which you may access the Service. You agree
that Taboo Finder has no responsibility or liability for the deletion or
failure to store any Content maintained or transmitted by the Service. You
acknowledge that Taboo Finder reserves the right at any time to modify or
discontinue the Service (or any part thereof) with or without notice, and that
Taboo Finder shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
Access to the service:
Taboo Finder grants you a limited, revocable, nonexclusive
license to access the Service for your own personal use. This license does not
include: (a) access to the Service by Posting Agents; or (b) any collection,
aggregation, copying, duplication, display or derivative use of the Service nor
any use of data mining, robots, spiders, or similar data gathering and
extraction tools for any purpose unless expressly permitted by Taboo Finder. A
limited exception to (b) is provided to general purpose internet search engines
and non-commercial public archives that use such tools to gather information
for the sole purpose of displaying hyperlinks to the Service, provided they
each do so from a stable IP address or range of IP addresses using an easily
identifiable agent and comply with our robots.txt file. "General purpose
internet search engine" does not include a website or search engine or
other service that specializes in classified listings or in any subset of
classifieds listings such as jobs, housing, for sale, services, or personals,
or which is in the business of providing classified ad listing services.
Taboo Finder permits you to display on your website, or
create a hyperlink on your website to, individual postings on the Service so
long as such use is for noncommercial and/or news reporting purposes only
(e.g., for use in personal web blogs or personal online media). If the total
number of such postings displayed or linked to on your website exceeds one
hundred (100) postings, your use will be presumed to be in violation of the
TOU, absent express permission granted by Taboo Finder to do so. You may also
create a hyperlink to the home page of Taboo Finder sites so long as the link
does not portray Taboo Finder, its employees, or its affiliates in a false,
misleading, derogatory, or otherwise offensive matter.
Taboo Finder offers various parts of the Service in RSS
format so that users can embed individual feeds into a personal website or
blog, or view postings through third party software news aggregators. Taboo
Finder permits you to display, excerpt from, and link to the RSS feeds on your
personal website or personal web blog, provided that (a) your use of the RSS
feed is for personal, non-commercial purposes only, (b) each title is correctly
linked back to the original post on the Service and redirects the user to the
post when the user clicks on it, (c) you provide, adjacent to the RSS feed,
proper attribution to 'Taboo Finder' as the source, (d) your use or display
does not suggest that Taboo Finder promotes or endorses any third party causes,
ideas, web sites, products or services, (e) you do not redistribute the RSS
feed, and (f) your use does not overburden Taboo Finder's systems. Taboo Finder
reserves all rights in the content of the RSS feeds and may terminate any RSS
feed at any time.
Use of the Service beyond the scope of authorized access
granted to you by Taboo Finder immediately terminates said permission or license.
In order to collect, aggregate, copy, duplicate, display or make derivative use
of the the Service or any Content made available via the Service for other
purposes (including commercial purposes) not stated herein, you must first
obtain a license from Taboo Finder.
Termination of service:
You agree that Taboo Finder, in its sole discretion, has
the right (but not the obligation) to delete or deactivate your account, block
your email or IP address, or otherwise terminate your access to or use of the
Service (or any part thereof), immediately and without notice, and remove and
discard any Content within the Service, for any reason, including, without
limitation, if Taboo Finder believes that you have acted inconsistently with
the letter or spirit of the TOU. Further, you agree that Taboo Finder shall not
be liable to you or any third-party for any termination of your access to the
Service. Further, you agree not to attempt to use the Service after said
termination.
Property rights:
The Service is protected to the maximum extent permitted by
copyright laws and international treaties. Content displayed on or through the
Service is protected by copyright as a collective work and/or compilation,
pursuant to copyrights laws, and international conventions. Any reproduction,
modification, creation of derivative works from or redistribution of the site
or the collective work, and/or copying or reproducing the sites or any portion
thereof to any other server or location for further reproduction or redistribution
is prohibited without the express written consent of Taboo Finder. You further
agree not to reproduce, duplicate or copy Content from the Service without the
express written consent of Taboo Finder, and agree to abide by any and all
copyright notices displayed on the Service. You may not decompile or
disassemble, reverse engineer or otherwise attempt to discover any source code
contained in the Service. Without limiting the foregoing, you agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any aspect of the Service.
Although Taboo Finder does not claim ownership of content
that its users post, by posting Content to any public area of the Service, you
automatically grant, and you represent and warrant that you have the right to
grant, to Taboo Finder an irrevocable, perpetual, non-exclusive, fully paid,
worldwide license to use, copy, perform, display, and distribute said Content
and to prepare derivative works of, or incorporate into other works, said
Content, and to grant and authorize sublicenses (through multiple tiers) of the
foregoing. Furthermore, by posting Content to any public area of the Service,
you automatically grant Taboo Finder 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.
Disclaimer of warranties:
YOU AGREE THAT USE OF THE TABOO FINDER SITE AND THE SERVICE
IS ENTIRELY AT YOUR OWN RISK. THE TABOO FINDER SITE AND THE SERVICE ARE
PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TABOO
FINDER DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
ACCURACY, AND PERFORMANCE OF THE TABOO FINDER SITE AND THE SERVICE. TO THE
FULLEST EXTENT PERMITTED BY LAW, TABOO FINDER DISCLAIMS ANY WARRANTIES FOR
OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE TABOO FINDER SITE
OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE TABOO FINDER
SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, TABOO FINDER DISCLAIMS ANY
WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE TABOO
FINDER SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of
implied warranties. In such jurisdictions, some of the foregoing disclaimers
may not apply to you insofar as they relate to implied warranties.
Limitations of liability:
UNDER NO CIRCUMSTANCES SHALL TABOO FINDER BE LIABLE FOR
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN
IF TABOO FINDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM ANY ASPECT OF YOUR USE OF THE TABOO FINDER SITE OR THE SERVICE, WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF THE TABOO FINDER SITE OR THE SERVICE,
FROM INABILITY TO USE THE TABOO FINDER SITE OR THE SERVICE, OR THE
INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE TABOO
FINDER SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE TABOO FINDER SITE OR THE SERVICE OR ANY LINKS
ON THE TABOO FINDER SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TABOO FINDER SITE OR THE
SERVICE OR ANY LINKS ON THE TABOO FINDER SITE. THESE LIMITATIONS SHALL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of
liability are not permitted. In such jurisdictions, some of the foregoing
limitation may not apply to you.
Indemnity:
You agree to indemnify and hold Taboo Finder, its officers,
subsidiaries, affiliates, successors, assigns, directors, officers, agents,
service providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party due
to or arising out of Content you submit, post or make available through the
Service, your use of the Service, your violation of the TOU, your breach of any
of the representations and warranties herein, or your violation of any rights
of another.
General information:
The TOU constitute the entire agreement between you and
Taboo Finder and govern your use of the Service, superseding any prior
agreements between you and Taboo Finder. The TOU and the relationship between
you and Taboo Finder shall be governed by the laws of the State of Illinois without regard
to its conflict of law provisions. You and Taboo Finder agree to submit to the
personal and exclusive jurisdiction of the courts located within the county of Cook,
Illinois. The
failure of Taboo Finder to exercise or enforce any right or provision of the
TOU shall not constitute a waiver of such right or provision. If any provision
of the TOU is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the TOU 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 use of the Service or the TOU must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
Violation of terms and liquidated damages:
Please report any violations of the TOU, by flagging the
posting(s) for review, or by emailing to:
kj606@taboofinder.com
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, because damages are often
difficult to quantify, if it becomes necessary for Taboo Finder to pursue legal
action to enforce the TOU, you will be liable to pay Taboo Finder the following
amounts as liquidated
damages, which you accept as reasonable estimates of Taboo
Finders' damages for the specified breaches of the TOU:
- If you post a message that (1) impersonates any person or
entity; (2) falsely states or otherwise misrepresents your affiliation with a
person or entity; or (3) that includes personal or identifying information
about another person without that person's explicit consent, you agree to pay
Taboo Finder one thousand dollars ($1,000) for each such message. This provision
does not apply to messages that are lawful non-deceptive parodies of public
figures.
- If Taboo Finder establishes 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 Taboo Finder one hundred dollars ($100) for each
message posted in excess of such limits or for each day on which you access
Taboo Finder in excess of such limits, whichever is higher.
- If you send unsolicited email advertisements to Taboo
Finder email addresses or through Taboo Finder computer systems, you agree to
pay Taboo Finder twenty five dollars ($25) for each such email.
- If you post Content in violation of the TOU, other than
as described above, you agree to pay Taboo Finder one hundred dollars ($100)
for each Item of Content posted. In its sole discretion, Taboo Finder may elect
to issue a warning before assessing damages.
- If you are a Posting Agent that uses the Service in
violation of the TOU, in addition to any liquidated damages under clause (d),
you agree to pay Taboo Finder one hundred dollars ($100) for each and every
Item of Conent posted in violation of the TOU. A Posting Agent will also be
deemed an agent of the party engaging the Posting Agent to access the Service
(the "Principal"), and the Principal (by engaging the Posting Agent
in violation of the TOU) agrees to pay Taboo Finder an additional one hundred
dollars ($100) for each Item of Conent posted by the Posting Agent on behalf of
the principal in violation of the TOU.
- If you aggregate, display, copy, duplicate, reproduce, or
otherwise exploit for any purpose any Content (except for your own Content) in
violation of the TOU without Taboo Finder's express written permission, you
agree to pay Taboo Finder three thousand dollars ($3,000) for each day on which
you engage in such conduct.
Otherwise, you agree to pay Taboo Finder's actual damages,
to the extent such actual damages can be reasonably calculated. Notwithstanding
any other provision of the TOU, Taboo Finder retains the right to seek the
remedy of specific performance of any term contained in the TOU, or a
preliminary or permanent injunction against the breach of any such term or in
aid of the exercise of any power granted in the TOU, or any combination
thereof.