1. Acceptance of Terms

Copperfield Publishing Inc. DBA City Weekly, classifieds.eugeneweekly.com, and Eugene Weekly (hereinafter �Eugene Weekly�) provides a collection of online resources, including classified ads, forums, and various e-mail services, (referred to hereafter as �the Service�) subject to the following Terms of Use (�Terms�), which may be updated by Eugene Weekly from time to time. Eugene Weekly will provide notice of materially significant changes to the Terms by posting notice on the Eugene Weekly site. By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular Eugene Weekly services, you agree to abide by any applicable posted guidelines for all Eugene Weekly services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Eugene Weekly in any way, your only recourse is to immediately discontinue use of Eugene Weekly.

2. Content

You understand that all postings, advertisements messages, text, files, images, photos, video, sounds, or other materials (�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 all Content that you post, e-mail or otherwise make available via the Service. You understand that Eugene Weekly 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 Eugene Weekly site and Content available through the Service may contain links to other Websites which are completely independent of Eugene Weekly. Eugene Weekly makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. 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 Eugene Weekly 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, e-mailed or otherwise made available via the Service. Eugene Weekly shall have the right (but not the obligation) at its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

3. Notification 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 Eugene Weekly�s agent for notice of claims of copyright or other intellectual property infringement (�Agent�), at office@eugeneweekly.com or:

Copyright Agent
Eugene Weekly 1251 Lincoln St.
Eugene, OR 97401
541-484-0519 x1
541-484-4044

Please provide our Agent with the following Notice:

  1. 1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
  2. 2. Identify the material on the Eugene Weekly site that you claim is infringing, with enough detail so that we may locate it on the Website;
  3. 3. 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;
  4. 4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  5. 5. Your address, telephone number, and e-mail address; and
  6. 6. Your physical or electronic signature.

Eugene Weekly will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

4. Privacy and Information Disclosure

Eugene Weekly has established a Privacy Policy to explain to users how their information is collected and used, located at http://classifieds.eugeneweekly.com/media/about.cfm#privacy Your use of the Eugene Weekly Website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Eugene Weekly may, at its sole discretion, preserve or disclose your Content, as well as your information, such as e-mail addresses, IP addresses, time stamps, 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 these Terms; 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 Eugene Weekly, its users or the general public.

5. Prohibited Conduct and Use

You agree to use the classifieds.eugeneweekly.com website only for lawful purposes and agree not to post, e-mail, create an ad, or otherwise make available any Content:

Additionally, you agree not to:

6. No Spam Policy

You understand and agree that sending unsolicited e-mail advertisements to Eugene Weekly e-mail addresses or through Eugene Weekly computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Utah. Any unauthorized use of Eugene Weekly computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. � 1030 et seq.) Such violations may subject the sender and his or her agents to civil and criminal penalties.

7. Limitations on service

You acknowledge that Eugene Weekly 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, e-mail 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 Eugene Weekly has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Eugene Weekly reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Eugene Weekly shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8. Termination of service

You agree that Eugene Weekly, at its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail 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 Eugene Weekly believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Eugene Weekly 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. Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.

9. Dealings with organizations and individuals

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 agree that Eugene Weekly shall not be responsible or liable for any loss or damage of any sort incurred as the 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 Eugene Weekly is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Eugene Weekly, 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.

10. Proprietary 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 Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, 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. Salt Lake Eugene Weekly is a registered mark in the U.S. Patent and Trademark Office.

Although Eugene Weekly 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 Eugene Weekly 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.

11. Disclaimer

Eugene Weekly does not warrant or guarantee the accuracy or completeness of any content or any submission by any user. YOU AGREE THAT USE OF THE Eugene Weekly SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Eugene Weekly 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, Eugene Weekly DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Eugene Weekly SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Eugene Weekly DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Eugene Weekly SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE Eugene Weekly SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Eugene Weekly DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Eugene Weekly 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.

12. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL Eugene Weekly BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Eugene Weekly HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Eugene Weekly SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Eugene Weekly SITE OR THE SERVICE, FROM INABILITY TO USE THE Eugene Weekly SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Eugene Weekly 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 Eugene Weekly SITE OR THE SERVICE OR ANY LINKS ON THE Eugene Weekly SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Eugene Weekly SITE OR THE SERVICE OR ANY LINKS ON THE Eugene Weekly 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.

13. Indemnity

You agree and acknowledge that Eugene Weekly is not responsible for liable to you or any other party for your use of the Service, your violation of these Terms or for any Prohibited Conduct referenced in Paragraph 5 herein and you further agree to indemnify and hold Eugene Weekly, 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 Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

14. General information

The Terms constitute the entire agreement between you and Eugene Weekly and govern your use of the Service, superseding any prior agreements between you and Eugene Weekly. The Terms and the relationship between you and Eugene Weekly shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. You and Eugene Weekly agree to submit to the personal and exclusive jurisdiction of the courts located within Salt Lake City, Utah. The failure of Eugene Weekly to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms 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 Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15. Violations of Terms and Liquidated Damages

Please report any violations of the Terms, by flagging the posting(s) for review, or by e-mailing to classifieds@slweekly.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 actual damages cannot be reasonably calculated then you will be liable to pay Eugene Weekly liquidated damages as follows:

16. Feedback

We welcome your feedback on this document office@eugeneweekly.com.