TOS

 
 
Please note that the Kansas City Freecycle group located at http://groups.yahoo.com/group/kcfreecycle/ shut its doors on July 24, 2010. This page, formerly hosted on www.kcfreecycle.org, appears here for archival purposes only.
 
 
Terms of Service
 
 
THE FOLLOWING DESCRIBES THE TERMS ON WHICH KANSAS CITY FREECYCLE OFFERS YOU ACCESS TO OUR SITE.

Welcome to the Terms of Service (“TOS” or “Terms”) for the Kansas City Freecycle Network (“KC Freecycle”). If you reside outside of the United States, the party you are contracting with is KC Freecycle. These Terms describe the terms and conditions applicable to your use of our services available under the domain and sub-domains of http://groups.yahoo.com/group/kcfreecycle and http://www.kcfreecycle.org (the “Sites”). If you do not agree to be bound by the terms and conditions of these TOS, do not use or access our services. If you have any questions, please contact the group moderators at kcfreecycle-owner [at] yahoogroups [dot] com.

You must read, agree with and accept all of the terms and conditions contained in the Terms, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of KC Freecycle. We strongly recommend that, as you read these TOS, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a KC Freecycle user. By accepting these TOS, you also agree that your use of other KC Freecycle websites will be governed by the TOS posted on those websites. We may amend the TOS at any time by posting the amended terms on the Sites. Except as stated below, all amended terms shall automatically be effective immediately after they are posted on the Sites. The TOS may not be otherwise amended except in a writing signed by you and KC Freecycle. The TOS is effective upon accessing the Sites and/or acceptance in registration for new registering users, and is otherwise effective on January 3, 2004, for all users.

1. Membership Eligibility

Our services are available only to, and may only be used by individuals in states of Kansas and Missouri who can form legally binding contracts under applicable Kansas and Missouri law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of, your parents or guardians. If you do not qualify, please do not use our Sites. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TOS under applicable Kansas and Missouri law.

2. Fees and Services

Joining and offering or looking for FREE items at KC Freecycle is free. We do NOT charge fees for listing items “offered” or “wanted” through our Sites and when you list an item you will not be charged any fee by KC Freecycle. We reserve the right to change this policy at any time for any reason. Our changes to the policy, if any, are effective fourteen (14) days’ after we post the changes on the Sites. However, we may choose to temporarily change our Fees and Credits Policy and such changes are effective when we post the temporary promotional event on the Sites. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Sites and all applicable taxes. At this time there are NO FEES being charged for use of the Sites.

3. KC Freecycle is a Venue

3.1 KC Freecycle is not a Buyer, a Seller, or an Auctioneer

The Sites act as venues to allow anyone to offer and to want just about legal thing, at anytime and from anywhere. We are not involved in the actual transaction between offerors (people who offer something) and wantees (people who want something). As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of offerors to offer items or the ability of wantees to obtain items. We cannot ensure that offerors and wantees will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the offerors and wantees, and nothing in these TOS shall modify the governing provisions of applicable Kansas and Missouri law. No sales occur on these sites, and none are intended to occur anywhere as a result of using the Sites.

3.2 Identity Verification and Safety Issues

We use no techniques to verify the accuracy of the information our users provide us when they register on the Sites. User verification on the Internet is difficult, and KC Freecycle cannot and does not make any effort whatsoever to confirm each user’s purported identity. You alone must evaluate with whom you are dealing on line. We also encourage you to communicate directly with potential offerors and wantees through the tools available on the Sites. You should never agree to meet potential offerors and wantees alone. You may wish to consider using a very public third party location for all exchanges. For more information on safety, please refer to out Safety Tips at http://www.kcfreecycle.org/safety/.

The Kansas City Freecycle Network doesn’t assume responsibility for its list members’ safety. While we will remove members who act inappropriately, we do not screen potential members or monitor individual members’ transactions off-list. Ultimately, individuals are responsible for taking the proper precautions when meeting with fellow list members and giving/receiving items.

3.3 Release.

Because we are a mere online bulletin board venue, in the event that you have a dispute with one or more offerors and wantees, you release KC Freecycle and anyone who in any way, shape, or form assisted or assists in the creation, maintenance, and publication of the site (and our spouses, officers, directors, agents, subsidiaries, joint ventures, employees and volunteers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, and whether or not caused by our own negligence or the negligence of anyone else in the world, arising out of or in any way connected with such disputes and/or use of the Sites. You hereby specifically waive, reject, and give up any legal right you may have which generally 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.”

3.4 Information Control

We do not control the information provided by other users that is made available through our system. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and use safe exchange practices when using the Sites. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using these Sites, you agree to accept such risks and KC Freecycle is not responsible for the acts or omissions of users, including our own, if any, on the Sites.

4. Listing

4.1 Listing Description

You must be legally able to transfer or give away for FREE the item(s) you list on the Sites. You must describe your item on the listing page of the Site. Your listings may only include text descriptions relevant to that item.

4.2 Fraud

Without limiting any other remedies, KC Freecycle may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Sites. KC Freecycle may suspend or terminate your use of the Sites for any reason whatsoever without prior notice or actual notice of any kind, whether fraud related or not.

5. Your Information

5.1 Definition

“Your Information” is defined as any information you provide to us or other users in the registration, or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

5.2 Restricted Activities

Your Information (or any items listed) and your activities on the Sites shall not:

(a) be false, inaccurate or misleading;

(b) be fraudulent or involve counterfeit or stolen items;

(c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

(d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising);

(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

(f) be obscene or contain child pornography and shall be distributed only to people legally permitted to receive such content;

(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and

(i) link directly or indirectly to or include descriptions of goods or services that:

(aa) are prohibited under these TOS; or

(bb) you do not have a right to link to or include.

Furthermore, you may not list any item on the Sites (or consummate any transaction that was initiated using our service) that, by the act of listing could cause us to violate or place us in violation of any applicable law, statute, ordinance or regulation, or that violates any applicable federal or state law. For more information on prohibited and restricted items, please see http://www.kcfreecycle.org/restricted/.

5.3 License

Solely to enable KC Freecycle to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. KC Freecycle will only use Your Information in accordance with our Privacy Policy and any applicable policy of Yahoo Groups, which hosts the Site for FREE.

6. Breach

Without limiting other remedies, we may limit your activity, immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your use of the Sites and refuse to provide our services to you if:

(a) you breach these TOS or the documents it incorporates by reference, including our Rules, Netiquette, and Restricted Items, which can be found at http://www.kcfreecycle.org/rules/,
http://www.kcfreecycle.org/netiquette/ and http://www.kcfreecycle.org/restricted/;

(b) we are unable to verify or authenticate any information you provide to us; or

(c) we believe that your actions may cause financial loss or legal liability for you, our users or us, or for any other reason whatsoever, as stated throughout these TOS and the published Sites.

7. Privacy

We do not sell or rent your personal information to third parties for their marketing purposes. All users of the Sites and KC Freecycle are bound by the Yahoo Groups policies on privacy, whatever they may be at any point in time. Said Yahoo Groups policies are beyond our control and we are bound by them by use of their FREE Yahoo Groups Site. We view protection of users’ privacy as a very important community principle. If you object to your Information being viewed online or elsewhere, transferred or used in this way please do not use our services.

8. No Warranty

WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. KC Freecycle is a passive conduit for Freecycle (free recycling) information only.

9. Liability Limit

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THESE TOS (HOWEVER ARISING, INCLUDING NEGLIGENCE OF OTHERS AND OUR OWN NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

10. Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, employees, and volunteers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Sites and/or breach of these TOS or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

11. Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Sites. For more information on items that are restricted or prohibited from KC Freecycle, see http://www.kcfreecycle.org/restricted/.

12. No Agency

You and KC Freecycle are completely unrelated and independent entities, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these TOS. Don’t even think about it.

13. Notices

Except as explicitly stated otherwise, any notices shall be given by email to kcfreecycle-owner [at] yahoogroups [dot] com (in the case of KC Freecycle) or to the email address you provide to KC Freecycle during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to KC Freecycle during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. If no address is provided by you, you hereby expressly waive any perceived or actual right to notice. KC Freecycle, as stated elsewhere in these TOS and on the Sites, reserves the right to cancel your use of the Sites without any notice or explanation whatsoever. Your use of the Sites and services establish your understanding and agreement that KC Freecycle is under no obligation whatsoever to give you notice of anything.

14. Resolution of Disputes

In the event a dispute arises between you and KC Freecycle, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and KC Freecycle agree that any claim or controversy at law or equity that arises out of these TOS and/or your use of the Sites and/or the services it provides (“Claims”) shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

14.1 Binding Arbitration

For any Claim (excluding Claims for injunctive or other equitable relief) you or KC Freecycle may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

14.2 Court

Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Johnson County, Kansas. You and KC Freecycle agree to submit to the personal jurisdiction of the courts located within the county of Johnson County, Kansas.

14.3 Alternative Dispute Resolution

Alternatively, KC Freecycle will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Johnson County, Kansas, or another location mutually agreed upon by the parties.

15. Additional Terms

Each of these TOS terms may be changed from time to time and are effective immediately after we post the changes on the Sites, and/or they are changed on the Yahoo Groups Site. In addition, when using particular services on the Sites, you agree that you are subject to any posted policies or rules applicable to services you use through the Sites, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into these TOS.

16. General

These TOS shall be governed in all respects by the laws of the States of Kansas and Missouri as such laws are applied to agreements entered into and to be performed entirely within Kansas and Missouri and between Kansas and Missouri residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. If any provision of these TOS is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these TOS and all incorporated agreements may be automatically assigned by KC Freecycle in accordance with Section 13 “Notices,” in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 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. These TOS set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 3.4 (Release), 5.3 (License), 9 (Liability Limit), 10 (Indemnity) and 14 (Resolution of Disputes) shall survive any termination or expiration of these TOS.

18. Disclosures

The services hereunder are offered by KC Freecycle, located at: http://groups.yahoo.com/group/kcfreecycle/ and http://www.kcfreecycle.org. Commercially available parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at http://www.safetysurf.com/ or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of SafetySurf.com’s Internet site, services, or policies. KC Freecycle is not affiliated with SafetySurf.com. Disputes between you and other users of the Sites should be reported. We encourage you to report all user-to-user disputes to your local law enforcement agency or to the postmaster general.
 
 
 
 
Last updated 7/23/10

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