TravsList Terms of Use
1. ACCEPTANCE OF TERMS
TravsList provides a collection of on-line resources, including classified ads, forums, and various email services, (also referred to hereafter as "the Service") subject to the following Terms of Use or ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular TravsList services, you agree to abide by any applicable posted guidelines for all TravsList 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 TravsList in any way, your only recourse is to immediately discontinue use of TravsList. TravsList has the right, but is not obligated, to strictly enforce these Terms of Use through self-help, community moderation, active investigation, litigation and prosecution.
2. THIRD PARTY CONTENT, SITES, AND SERVICES
The TravsList 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 TravsList, 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 on-line or offline transaction with any of these third parties. You agree that TravsList 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 TravsList is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release TravsList, 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.
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 TravsList, its owner, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees 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 TravsList site and Content available through the Service may contain links to other websites, which are completely independent of TravsList. TravsList makes no representation or warranty as to the content, 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 TravsList 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 TravsList does not pre-screen or approve Content, but that TravsList 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.
a) 18 U.S.C. Section 2257 Compliance Notice, Disclosure/Exsemption Statement
Exemption Statement - Content Produced by Third Parties: The operators of this website are not the "producers" of any depictions of actual or simulated sexually explicit conduct appearing thereon. Instead, the activities of the operators of this website, with respect to such content, are limited to the transmission, storage, retrieval, hosting and/or formatting of depictions posted by third party users, on areas of the website under the users' control. The operators are thus exempt from compliance with Section 2257 records keeping or labeling obligations pursuant to 28 C.F.R. 75.1(c)(4). Pursuant to Title 18 U.S.C. 2257(h)(2)(B)(v) and 47 U.S.C. 230(c), the operators of this website reserve the right to delete content posted by users which operators deem to be indecent, obscene, defamatory or inconsistent with their policies and/or terms of service.
Exemption Statement - Content Produced by Operators: With regard to all visual depictions appearing on this website, for which the operators of this website are "producers" (within the meaning of 18 U.S.C. 2256), such depictions exempt from the provision of 18 U.S.C. 2257 and 28 C.F.R. 75 because:
a) they do not portray actual sexually explicit conduct as specifically defined in 18 U.S.C 2256 (2) (A)(i)-(iv);
b) they do not portray depictions of the genitals or pubic area created after July 27, 2006;
c) they do not portray simulated sexually explicit activity created after the effective date of Title 18 U.S.C. 2257A; or,
d) the visual depictions were created prior to July 3, 1995.
All other (non user) visual depictions displayed on the TravsList Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual depictions do not consist of depictions of conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity. The owners and operators of this Website are not the primary producer (as that term is defined in 18 USC section 2257) of any of the visual content contained in the Website.
*Questions or comments regarding this Exemption Statement should be addressed to: customer-service@travslist.org
All models, actors, actresses and other persons that appear in any visual manner on this website were over the age of eighteen (18) years at the time of the creation of such depictions.
The Custodian of Records for the TravsList Website is stated below:
Custodian of Records
670 N.16th Street
San Jose, CA 95112
4. 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;
d) 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;
e) that includes personal or identifying information about another person without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful, mis informative, or constitutes "bait and switch".
Human trafficking and exploitation of minors are absolutely not tolerated by the TravsList website - any suspected activity will be reported to law enforcement. We will cooperate with law enforcement in any way within our power, in the location and/or apprehension of anyone involved in these activities.
5. PAID POSTINGS & REFUND POLICY
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. No refunds whatsoever will be given after an ad has been posted. Users have the ability to modify and/or remove their own postings if they deem it neccesary and may do so at their own discression throughout the term of said posting. Profits derived from certain areas of the TravsList website go towords the support of the disabled. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be nonrefundable in the event that Content is removed from the Service for violating the TOU. Any questions or concerns regarding this or any of the services policys may be forwarded by email to: customer-service@ travslist.org
6. PRIVACY POLICY AND INFORMATION DISCLOSURE
Your use of the TravsList website or the Service signifies that you acknowledge and agree that TravsList 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 TravsList, its users or the general public.
7. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE TRAVSLIST SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE TRAVSLIST 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, TRAVSLIST DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE TRAVSLIST SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, TRAVSLIST DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE TRAVSLIST SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE TRAVSLIST SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, TRAVSLIST DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE TRAVSLIST 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.
8. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL TRAVSLIST BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TRAVSLIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE TRAVSLIST SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE TRAVSLIST SITE OR THE SERVICE, FROM INABILITY TO USE THE TRAVSLIST SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE TRAVSLIST 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 TRAVSLIST SITE OR THE SERVICE OR ANY LINKS ON THE TRAVSLIST SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TRAVSLIST SITE OR THE SERVICE OR ANY LINKS ON THE TRAVSLIST 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.
9. INDEMNITY
You agree to indemnify and hold TravsList, 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.
10. GENERAL INFORMATION
The TOU constitute the entire agreement between you and TravsList and govern your use of the Service, superseding any prior agreements between you and TravsList. The TOU and the relationship between you and TravsList shall be governed by the laws of the State of California