vFlea TERMS OF USE

Last Updated: January 1, 2015

1. GENERAL

vFlea, Inc. provides services through its websites, programs and computer servers, including but not limited to item listings, advertising, forums, and email forwarding. (All such services are referred to collectively herein as "vFlea.") By accessing or using vFlea, you are a "user" and you accept and agree to the terms below (the "Terms of Use" or "TOU") as a legal contract between you and VFLEA. The TOU includes and incorporates additional terms ("guidelines") applicable to particular categories or services available on vFlea as set forth to users upon access to such categories or services. VFLEA may post changes to the TOU at any time, and any such changes will be applicable to all subsequent access to or use of vFlea.

If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of vFlea, in which case any continuing access or use of vFlea is unauthorized.

You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on vFlea.

vFlea is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized.

The TOU grant you a limited, revocable, nonexclusive license to access vFlea and use vFlea, in whole or in part, including but not limited to VFLEA intellectual property therein, solely in compliance with the TOU.

"VFLEA" and "VFLEAMARKET" are trademarks of VFLEA and are protected by United States and international laws. The TOU do not authorize you to use "VFLEA," "VFLEAMARKET" or any similar or related marks (including , for example and without limitation, "vFlea," for any use pertaining to vFlea listing advertising, Internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with VFLEA.

2. MODERATION

VFLEA has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications ("content")) posted to, stored on or transmitted via vFlea by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of vFlea) by any user (or any other third party in any manner); and to enforce the TOU, for any reason and in any manner or by any means that VFLEA, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). VFLEA may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. VFLEA action or inaction to regulate content or conduct or to enforce against any potential violation of the TOU by any user (or any other third party) does not waive VFLEA's right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation.

You also understand and agree that any action or inaction by VFLEA or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "VFLEA Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither VFLEA nor any VFLEA Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOU.

Although VFLEA Representatives may moderate content, conduct and TOU compliance on vFlea at VFLEA's discretion, VFLEA Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of VFLEA will "take care" of any alleged problem or complaint, or that they or anyone else on behalf of VFLEA will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any VFLEA Representative (or by anyone else acting on behalf of VFLEA or by anyone purportedly acting on behalf of VFLEA) that VFLEA (including but not limited to any VFLEA Representative, anyone else acting on behalf of VFLEA, or anyone purportedly acting on behalf of VFLEA) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that VFLEA, VFLEA Representatives and anyone else authorized to act on behalf of VFLEA shall in no circumstance be liable as a result of any representation that VFLEA, a VFLEA Representative or anyone else on behalf of VFLEA would or would not restrict or redress any content, conduct or potential or purported TOU violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by VFLEA's Chief Executive Officer and dated and signed by the individual or entity to which the modification, waiver or release is granted.

VFLEA also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of vFlea at any time without notice. VFLEA and VFLEA Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.

3. CONTENT AND CONDUCT

a. Content

VFLEA does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.

You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.

Content prohibited from vFlea includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via vFlea); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to vFlea would violate these TOU or VFLEA's other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on vFlea and all such prohibitions are expressly incorporated into these TOU as stated in section 1 above.

You automatically grant and assign to VFLEA, and you represent and warrant that you have the right to grant and assign to VFLEA, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to VFLEA all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).

You agree to indemnify and hold VFLEA and VFLEA Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TOU. This indemnification obligation includes payment of any attorneys' fees and costs incurred by VFLEA or VFLEA Representatives.

b. Conduct

VFLEA does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.

You are also responsible for your own conduct and activities on, through or related to vFlea, and, if you create an account on vFlea, you are responsible for all conduct or activities on, through or by use of your account.

You agree to indemnify and hold VFLEA and VFLEA Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to vFlea or VFLEA, and related to or arising out of any conduct or activities on, through or by use of your vFlea account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by VFLEA or VFLEA Representatives.

4. POSTING BUYING/SELLING AND ACCOUNTS

This section 4 applies to all uses and users of vFlea, unless VFLEA has specifically authorized an exception to a particular term for a particular user in a written agreement. VFLEA has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.

a. Postings/Selling

vFlea is intended and designed as a service. This service can be used to list items for local pickup or items that require shipping. Shipping fees are at a FLAT RATE. FLATE RATE shipping the seller agrees to ship the item to the accepted buyers location for the amount specified at the time the offer was accepted. A user may post content for items that they own and by posting the user agrees to sell that item on vFlea by using vFlea services and payment methods. The user(seller) agrees to also pay a 3% to vFlea for each item sold. The 3% commission is calculated based on the agreed upon selling price. If there is a referral on the purchased item the seller agrees to pay vFlea 3% and the referral will be paid 1%.

As the seller I agree that all details related to items that I list are 100 percent accurate, that I own the item listed and that when I accept an offer this is a legal binding acceptance and I will ship or provide pick up location to the buyer in exchange for the amount accepted. I agree that all payments will be made through vFlea payment services and I agree to the commission charged by vFlea.

The same or substantially similar content may not be posted in more than one vFlea category. A user may post content only in the single vFlea category to which it is most relevant, and must not post content to inappropriate categories.

Users may not circumvent any technological measure implemented by VFLEA to restrict the manner in which content may be posted on vFlea or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent vFlea accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content "spinning."

It is expressly prohibited for any third party to post content to vFlea on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.

It is expressly prohibited for any user to make efforts to contact another user with the sole intent to avoid selling a listed item though the services of vFlea. No addresses, phone numbers email addresses or any personal information that is intended to allow a user to bypass vFlea services for payment and exchange of items listed will be tolerated. Immediate termination of account will be exercised.

It is expressly prohibited to post content to vFlea using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to VFLEA for each instance of access to vFlea (by any user or other third party) using that automated means.

Affiliate marketing is expressly prohibited on vFlea. Users may not post content or communicate with any vFlea user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.

Buying

As the buyer I agree that all my offers to purchase items are a binding offer and I will pay promptly the amount accepted by the seller. I agree that all payments will be made through vFlea payment services. I also agree to pay the shipping amount that is listed with the item at the time a haggle or barter was made. If a barter item is accepted and the buyer has offered one or more items in exchange for the item listed by the seller, the buyer is responsible for ALL shipping costs related to getting the buyers items to the seller.

Feedback

All feedback submitted for Buyers and Sellers must be accurate and without inappropriate comments. All users can respond to any feedback. This is only allowed one time per feedback submission. Feed back is intended to be used as a tool to help validate the trust worthiness of a seller or buyer.

b. Accounts

A user may maintain and use no more than one account. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the TOU.

A user may create an account only on his/her own behalf. A user must not permit, enable, induce or encourage others to create accounts for him/her. The creation of accounts for others is expressly prohibited.

A user must only use his/her own account and may not use any account of another.

The purchase and sale of accounts is expressly prohibited.

A user must create his/her account personally and manually and may not create accounts by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. The circumvention of any technological restriction or security measure in the account creation process is also expressly prohibited.

c. Flagging

A user shall not "flag" (or otherwise seek removal of) content on vFlea without a personal, good-faith belief that the content violates the TOU. A user may flag content only on his/her own behalf. A user must not permit, enable, induce or encourage others to flag content for them. A user must not flag content for others.

A user may flag a specific item of content only once.

A user flagging content must do so manually and may not employ any automated means, products (including, without limitation, software programs) or services to flag content. A user must not circumvent any technological restrictions (security measures) in the flagging process. Without limitation, this prohibition includes a ban on the use of multiple IP addresses for flagging (by use of proxy servers or any means whatsoever).

5. UNAUTHORIZED ACCESS AND ACTIVITIES

This section 5 applies to all uses and users of vFlea, unless VFLEA has specifically authorized an exception to a particular term for a particular user in a written agreement. VFLEA has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 5.

To maintain the integrity and functionality of vFlea for its users, access to vFlea and/or activities related to vFlea that are harmful to, inconsistent with or disruptive of vFlea and/or its users' beneficial use and enjoyment of vFlea are expressly unauthorized and prohibited. For example, without limitation:

The collection of vFlea users' personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.

Any copying, aggregation, display, distribution, performance or derivative use of vFlea or any content posted on vFlea whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access vFlea without individual written agreements executed with VFLEA that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant vFlea website, service, forum or content; (b) they access vFlea from a stable IP address using an easily identifiable agent; and (c) they comply with VFLEA's robots.txt file; provided however, that VFLEA may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access vFlea without their own written agreement executed with VFLEA), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice.

Any access to or use of vFlea to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with vFlea (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.

If you access vFlea or copy, display, distribute, perform or create derivative works from vFlea webpages or other VFLEA intellectual property in violation of the TOU or for purposes inconsistent with the TOU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on vFlea or any provision of the TOU that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of vFlea webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are "technological measures" that effectively control access to copyright-protected components and rights of VFLEA pursuant to 17 U.S.C. 1201.

Any effort to decompile, disassemble or reverse engineer all or any part of vFlea in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.

Any activities (including but not limited to posting voluminous content) that are inconsistent with use of vFlea in compliance with the TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of vFlea in any manner are expressly prohibited.

Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the TOU.

 

6. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS

VFLEA and VFLEA Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.

You agree to indemnify and hold VFLEA and VFLEA Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys' fees and costs incurred by VFLEA or VFLEA Representatives.

7. FEES

VFLEA charges the user(seller) a 3% commission FEE for each item sold up to $2000.00. Items sold for $2000.00 or more a flat fee of $60.00 will be charged to the seller. If there is a referral on Items sold for more than $2000.00 seller agrees to pay vFlea a flat fee of $40.00 and the referral will be paid a flat fee of $20.00. The 3% commission is calculated based on the agreed upon selling price. If there is a referral on the purchased item the seller agrees to pay vFlea 2% and the referral will be paid 1%.

Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by VFLEA or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, VFLEA reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.

8. DISCLAIMERS

YOUR ACCESS TO, USE OF AND RELIANCE ON VFLEA AND CONTENT ACCESSED THROUGH VFLEA IS ENTIRELY AT YOUR OWN RISK. VFLEA (INVFLEAUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INVFLEAUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISVFLEAAIMED.

WITHOUT LIMITING THE FOREGOING, VFLEA ALSO DISVFLEAAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF VFLEA AND CONTENT ACCESSED THROUGH VFLEA; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF VFLEA OR CONTENT ACCESSED THROUGH VFLEA; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF VFLEA OR CONTENT ACCESSED THROUGH VFLEA (INVFLEAUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON VFLEA OR IN CONTENT).

THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

9. LIMITATIONS OF LIABILITY

VFLEA AND THE VFLEA REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON VFLEA OR CONTENT ACCESSED THROUGH VFLEA BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO VFLEA OR CONTENT ACCESSED THROUGH VFLEA, INVFLEAUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INVFLEAUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF VFLEA OR ANY VFLEA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF VFLEA OR CONTENT ACCESSED THROUGH VFLEA; ANY INABILITY TO ACCESS OR USE VFLEA OR CONTENT ACCESSED THROUGH VFLEA; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF VFLEA OR CONTENT ACCESSED THROUGH VFLEA.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF VFLEA OR CONTENT ACCESSED THROUGH VFLEA (INVFLEAUDING, WITHOUT LIMITATION, ANY LINKS ON VFLEA AND LINKS IN CONTENT ACCESSED THROUGH VFLEA).

You hereby release VFLEA and each of the VFLEA Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to vFlea or content accessed through vFlea, or any interactions with others arising out of or related to vFlea or content accessed through vFlea, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: "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."

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

10. NOTIFICATION OF VFLEAAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (including trademark rights) have been otherwise violated, please email:

infringement@vFlea.com

11. INJUNCTIVE RELIEF

You acknowledge and agree that any violation or breach of the TOU may cause VFLEA immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOU or other applicable legal requirements, VFLEA has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOU. In addition to any and all other remedies available to VFLEA in law or in equity, VFLEA may seek specific performance of any term in the TOU, including but not limited to by preliminary or permanent injunction.

12. DAMAGES

In addition to any injunctive relief, you agree to pay to VFLEA the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TOU for which you bear responsibility; EXCEPT you acknowledge that, for certain TOU violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such TOU violations, you agree to pay liquidated damages to VFLEA.

Furthermore you agree that the amounts of liquidated damages described therein are reasonable estimates of VFLEA's damages for such violations, and that liquidated damages for violations of the TOU are and will be cumulative.

13. PRIVACY

Privacy Policy

vFlea has established this privacy policy to explain to you how your information is protected, collected and used, which may be updated by vFlea from time to time. vFlea will provide notice of materially significant changes to this privacy policy by posting notice on the vFlea site.

1. Protecting your privacy

We don't run banner ads, pop ups, pop unders, or any other kind of commercial ads.

We don't share your information with third parties for marketing purposes.

We don't send you unsolicited communications for marketing purposes.

Account information is password-protected. Keep your password safe.

Forums use basic webserver authentication. Close your browser to log out.

vFlea does not knowingly collect any information from persons under the age of 13. If vFlea learns that a posting is by a person under the age of 13, vFlea will remove that post.

vFlea, or people who post on vFlea, may provide links to third party websites, which may have different privacy practices. We are not responsible for, nor have any control over, the privacy policies of those third party websites, and encourage all users to read the privacy policies of each and every website visited.

 

2. Data we collect

We sometimes collect your email address, for purposes such as sending self-publishing and confirmation emails, authenticating user accounts, providing subscription email services, registering for forums, etc.

We sometimes collect your phone number for account authentication purposes, and may transmit it to a third party service for tele-robotic verification.

vFlea does not store credit card information. Credit card transactions are transmitted to a financial gateway, and we endeavor to protect the security of your payment information during transmission by using Secure Sockets Layer (SSL) technology.

We may collect personal information if you provide it in feedback or comments you post or if you contact us directly. Please do not post any personal information on vFlea that you expect to keep private.

Our web logs collect standard web log entries for each page served, including your IP address, page URL, and timestamp. Web logs help us to diagnose problems with our server, to administer the vFlea site, and to otherwise provide our service to you.

 

3. Data we store

All listings and forum postings are stored in our database, even after "deletion," and may be archived elsewhere.

Our web logs and other records are stored indefinitely.

Registered job posters can access and update their account information through the account homepage.

Although we make good faith efforts to store the information in a secure operating environment that is not available to the public, we cannot guarantee complete security.

 

4. Archiving and display of vFlea postings by search engines and other sites

Search engines and other sites not affiliated with vFlea - including archive.org, google.com, and groups.yahoo.com - archive or otherwise make available vFlea postings.

5. Circumstances in which vFlea may release information

vFlea may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.

vFlea may also disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Use; respond to claims that any posting or other content violates the rights of third-parties; or protect the rights, property, or personal safety of vFlea, its users or the general public.

 

6. International Users

By visiting our web site and providing us with data, you acknowledge and agree that due to the international dimension of vFlea we may use the data collected in the course of our relationship for the purposes identified in this policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, please understand that such data may be stored on servers located in the United States. By providing us with your data, you consent to the transfer of such data.

 

14. MISCELLANEOUS

These TOU constitute the entire agreement between you and VFLEA and supersede any prior written or oral agreement. Other than the VFLEA Representatives (who are expressly included as named third-party beneficiaries of the TOU), there are no third-party beneficiaries to the TOU.

Any and all claims, causes of action or disputes (regardless of theory) between you and VFLEA arising out of or related to the TOU, vFlea or content accessed through vFlea shall be governed by the laws of the State of California without regard to conflict or choice of law principles. You and VFLEA agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within the county of San Francisco, California, and you and VFLEA agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one year after such claim or cause of action arose or be forever barred. If any provision of the TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of the TOU shall remain in full force and effect.

15. FEEDBACK

Comments on these TOU are welcome feedback@vFlea.com

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