A. maggyPie provides a classified ad service. Our service has limitations and risks that you must be aware of before participating. Prior to, and as a condition of your participation, you (hereinafter You or Yours or User) must agree to abide by our Terms of Participation. By using our classified ad service, you are accepting these Terms.
TERMS OF PARTICIPATION
1. Buying and selling through maggyPie is available only to individuals who can form legally binding contracts under applicable law. This excludes all minors or persons who are not at least 18 years of age. Additionally, minors may not place or respond to a classified listing, posting, or advertisement.
2. maggyPie reserves the right to modify this Disclaimer at any time and without prior notice. We may change or end our or Your use of our service at any time.
3. maggyPie is not involved in any transaction between any party who uses our site. There are risks which You assume when using our Services. who might be acting under false pretenses; all of these risks are borne by You. We are a venue only and do not screen or censor or otherwise control the listings offered to other Users, nor does maggyPie screen or censor or otherwise control the Users of its service. maggyPie cannot and does not control the behavior of the participants, users, and responders on this site. We cannot control whether or not Users of the maggyPie classified ads service will complete the transactions they describe on our site. Please exercise caution when conducting business via our Classified listings.
4. If there is a dispute between participants on this site, maggyPie is under no obligation to become involved. In the event that You have a dispute with one or more Users, You hereby release, maggyPie, their 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 or our service.
5. The maggyPie classified ads service may be used only for lawful purposes. The violation of any applicable local, state, federal or foreign law or regulation is prohibited.
6. maggyPie prohibits the transmission, distribution or posting of unwanted or offensive content. It is Your responsibility, and you agree to comply with all requirements, legal or other. Additional prohibitions include misleading offers that do not list the total purchase price or a "bait & switch" of products, advertisements listed in the incorrect category, the sale or distribution of firearms, weapons or controlled substances, make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another e-mail address other than Your own, any posting with the goal of harassment of another, sexual requests, racial slurs or comments, harassment, placing a fraudulent ad, unsolicited advertising (whether commercial or informational) and unsolicited e-mail or advertisements. Further, maggyPie prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, and User account numbers/ passwords or similar financial information. Even though all of this is strictly prohibited, there is a chance that You might become exposed to such items and You further waive Your right to any damages (from maggyPie) related to such exposure.
7. maggyPie prohibits the listing or sale of the following goods for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation including the following:
8. SPAM and all activities that have the effect of facilitating SPAM are strictly prohibited.
9. If maggyPie, in its sole discretion, determines that a violation of the Terms of Participation has occurred, maggyPie may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site. maggyPie could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction.
10. If maggyPie believes in its sole discretion that any ad may create liability for maggyPie, maggyPie may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability. In sum, maggyPie reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice.
11. maggyPie does not offer refunds on any of it's services. Please note all sales are final.
12. maggyPie makes no warranty that the service will meet user's requirements, that the service will be uninterrupted, timely, secure, or error free; nor does maggypie make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service.
13. user understands and agrees that any information or material and/or goods or services obtained through the service is done at user's own discretion and risk and that user will be solely responsible for any damage resulting from any transaction.
14. limitation of liability. user agrees that maggypie shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service or arising from any other matter relating to the service, including but not limited to, damages for loss of profits, use, data or other intangible, even if maggypie has been advised of the possibility of such damages. user further agrees that maggypie shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct, indirect, incidental, special consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. user agrees that maggypie shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. in sum, in no event shall maggypie be liable to you for any damages, losses, and causes of action arising out of your use of the maggypie free classified ads service.
15. You give us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in Your listings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by You, (the User) to maggyPie The User Data shall be deemed to be the property of maggyPie. You shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.
16. No Resale or Unauthorized Commercial Use. You agree not to resell or assign Your rights or obligations under these Terms of Participation. You also agree not to make any unauthorized commercial use of the Service.
17. Please help us keep the maggyPie site an enjoyable experience for all Users, if You observe material or behavior that may violate one of the maggyPie terms of participation, please contact maggyPie through our contact page.
- Food (other than packaged food meeting all applicable federal state and local standards for sale to consumers by commercial merchants)
- Alcoholic beverages
- Cigarettes/tobacco products
- Pharmaceuticals or any other controlled substance
- Dangerous, counterfeit or stolen goods
- Goods which do not actually exist
- Any good that infringes or violates anyone's rights
- Any item which in maggyPie's sole discretion is inflammatory, offensive or otherwise inconsistent with maggyPie standards of business ethics.
- Any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive.