Terms and Conditions For Local Classifieds | Local Online Classifieds & Job Classified Black Business Directory

Terms

REGAL MAGAZINE
CLASSIFIEDS TERMS OF USE

1. ACCEPTANCE OF TERMS

Regal Media Group, LLC
(aka Regal Magazine or Regal) provides a collection of online resources,
including classified ads (referred to hereafter as “the

Service”) subject to
the following Terms of Use (”TOU”). By using the Service

in any way, you are
agreeing to comply with the TOU. In addition, when using

particular Regal Media
Group services, you agree to abide by any applicable posted

guidelines for all
Regal services, which may change from time to time.

Should you object to
any term or condition of the TOU, any guidelines,

or any subsequent
modifications thereto or become dissatisfied with Regal

in any way, your only
recourse is to immediately discontinue use of Regal Magazine.

Regal has the right,
but is not obligated, to strictly enforce the TOU

through self-help,
community moderation, active investigation, litigation and

prosecution.

2. MODIFICATIONS TO
THIS AGREEMENT

We reserve the right,
at our sole discretion, to change, modify or otherwise

alter these terms and
conditions at any time. Such modifications shall become

effective immediately
upon the posting thereof. You must review this agreement

on a regular basis to
keep yourself apprised of any changes.

3. CONTENT

You understand that
all postings, 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 each individual item (”Item”) of Content that you

post, email or
otherwise make available via the Service. You understand that

Regal 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 Regal magazine site and Content available through

the Service may
contain links to other websites, which are completely

independent of Regal
Media Group. Regal 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
Regal Media Group, LLC 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 Regal does not
pre-screen or approve Content, but that Regal

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.

4. THIRD PARTY
CONTENT, SITES, AND SERVICES

The Regal Magazine
site and Content 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 Regal,

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 Regal
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 Regal is under no obligation to

become involved. In
the event that you have a dispute with one or more other

users, you hereby
release Regal Media Group, LLC, 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.

5. NOTIFICATION OF
CLAIMS OF INFRINGEMENT

If you believe that
your work has been copied in a way that constitutes

otherwise violated,
please notify Regal’s agent for notice of claims of

info@regalmag.com

or:

Regal Media Group, LLC

5740 West Little York
Road

PMB #275

Houston, Texas 77091

Please provide our
Agent with the following Notice:

a) Identify the
material on the regal Magazine site that you claim is

infringing, with
enough detail so that we may locate it on the website;

b) 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;

c) 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;

d) Your address,
telephone number, and email address; and

e) Your physical or
electronic signature.

Regal will remove the
infringing posting(s), subject to the the procedures

outlined in the
Digital Millenium Copyright Act (DMCA).

6. PRIVACY AND
INFORMATION DISCLOSURE

Regal has established
a Privacy Policy to explain to users how their

information is
collected and used.

Visit

http://www.regalmag.com/newsletter.php
to read our privacy policy.

Your use of the Regal
Magazine website or the Service signifies acknowledgement of

and agreement to our
Privacy Policy. You further acknowledge and agree that

Regal 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 Regal, its users or

the general public.

7. CONDUCT

You agree not to post,
email, or otherwise make available Content:

a) that is unlawful,
harmful, threatening, abusive, harassing, defamatory,

libelous, invasive of
another’s privacy, or is harmful to minors in any way;

b) that is
pornographic or 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;

c) 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;

d) 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);

e) 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.

f) 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.

g) that impersonates
any person or entity, including, but not limited to, a

Regal 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.);

h) that includes
personal or identifying information about another person

without that person’s
explicit consent;

i) that is false,
deceptive, misleading, deceitful, misinformative, or

constitutes “bait and
switch”;

j) 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;

k) that constitutes or
contains “affiliate marketing,” “link referral code,”

“junk mail,” “spam,”
“chain letters,” “pyramid schemes,” or unsolicited

commercial
advertisement;

l) that constitutes or
contains any form of advertising or solicitation if:

posted in areas of the
Regal sites which are not designated for such

purposes; or emailed
to Regal users who have not indicated in writing that

it is ok to contact
them about other services, products or commercial interests.

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

in “services”;

n) 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 Texas

law.

o) 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;

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) 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:

r) contact anyone who
has asked not to be contacted, or make unsolicited

contact with anyone
for any commercial purpose;

s) “stalk” or
otherwise harass anyone;

t) collect personal
data about other users for commercial or unlawful

purposes;

u) use automated
means, including spiders, robots, crawlers, data mining

tools, or the like to
download data from the Service – unless expressly

permitted by Regal;

v) 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;

w) post the same item
or service in more than one classified category or

forum, or in more than
one metropolitan area;

x) attempt to gain
unauthorized access to Regal’s 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 Regal Magazine
website; or

y) use any form of
automated device or computer program that enables the

submission of postings
on Regal 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.

z) use any form of
automated device or computer program (”flagging tool”)

that enables the use
of Regal’s “flagging system” or other community

moderation systems
without each flag being manually entered by the person

that initiates the
flag (an “automated flagging device”), or use the

flagging tool to
remove posts of competitors, or to remove posts without a

good faith belief that
the post being flagged violates these TOU;

8. 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
Regal’s resources, you may not use a Posting

Agent to post Content
to the Service without express permission or

license from Regal.
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 or

license from Regal.

9. NO SPAM POLICY

You understand and
agree that sending unsolicited email advertisements to

Regal email addresses
or through Regal computer systems, which is

expressly prohibited
by these Terms, will use or cause to be used servers

located in Georgia.

10. PAID POSTINGS

We charge a fee to
post Content in all 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 TOU. All fees paid will be non-refundable in the

event that Content is
removed from the Service for violating the TOU.

11. LIMITATIONS ON
SERVICE

You acknowledge that
Regal 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 Regal

has no responsibility
or liability for the deletion or failure to store any

Content maintained or
transmitted by the Service. You acknowledge that

Regal reserves the
right at any time to modify or discontinue the

Service (or any part
thereof) with or without notice, and that Regal

shall not be liable to
you or to any third party for any modification,

suspension or
discontinuance of the Service.

12. ACCESS TO THE
SERVICE

Regal 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 Regal.

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.

Use of the Service
beyond the scope of authorized access granted to you by

Regal 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
Regalmag.

13. TERMINATION OF
SERVICE

You agree that Regal,
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 Regal believes that
you have acted inconsistently with the letter or

spirit of the TOU.
Further, you agree that Regal 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
10-16 shall survive termination of the TOU.

14. 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

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
Regal. You further agree not to reproduce,

duplicate or copy
Content from the Service without the express written

consent of Regal, 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.
Regal is a registered mark in the U.S. Patent

and Trademark Office.

Although Regal 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

Regal 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 Regal 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

YOU AGREE THAT USE OF
THE REGAL MAGAZINE SITE AND THE SERVICE IS ENTIRELY AT

YOUR OWN RISK. THE
REGAL MAGAZINE 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,

REGAL DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY,

TIMELINESS, ACCURACY,
AND PERFORMANCE OF THE REGAL MAGAZINE SITE AND THE

SERVICE. TO THE
FULLEST EXTENT PERMITTED BY LAW, REGAL DISCLAIMS ANY

WARRANTIES FOR OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE

REGAL MAGAZINE SITE OR
THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON

THE REGAL MAGAZINE
SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, REGAL

DISCLAIMS ANY
WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN

CONNECTION WITH THE
REGAL MAGAZINE 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.

16. LIMITATIONS OF
LIABILITY

UNDER NO CIRCUMSTANCES
SHALL REGAL BE LIABLE FOR DIRECT, INDIRECT,

INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF REGAL

HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY

ASPECT OF YOUR USE OF
THE REGAL MAGAZINE SITE OR THE SERVICE, WHETHER THE

DAMAGES ARISE FROM USE
OR MISUSE OF THE REGAL MAGAZINE SITE OR THE SERVICE, FROM

INABILITY TO USE THE
REGAL MAGAZINE SITE OR THE SERVICE, OR THE INTERRUPTION,

SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE REGAL MAGAZINE 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 REGAL MAGAZINE SITE OR THE SERVICE OR ANY

LINKS ON THE REGAL
MAGAZINE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR

ADVICE RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE REGAL MAGAZINE SITE

OR THE SERVICE OR ANY
LINKS ON THE REGAL MAGAZINE 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.

17. INDEMNITY

You agree to indemnify
and hold Regal, 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.

18. GENERAL
INFORMATION

The TOU constitute the
entire agreement between you and Regal and

govern your use of the
Service, superseding any prior agreements between you

and Regal. The TOU and
the relationship between you and Regal

shall be governed by
the laws of the State of Texas without regard to

its conflict of law
provisions. You and Regal agree to submit to the

personal and exclusive
jurisdiction of the courts located within the county

of Harris County,
Texas. The failure of regal 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.