Home
About Fogster
Browse ads
Place an ad
Search all ads for

Login/Create an account
Confirm my listing
Resend approval e-mail
Contact Us
FAQ
* Scam Alerts *
Privacy Policy
Terms of Use
Fogster Gear

 

Terms of Use

Acceptance of Terms

FOGSTER, hereafter referred to as the “Site,” provides content and services to users who agree to abide by the following Terms of Use. Your right to use the Site is governed by these Terms, and by using the Site in any way you are agreeing to comply with these Terms. FOGSTER also reserves the right to change the Terms of Use at any time and for any reason without notice other than the posting of the revised Terms on the Site. Should you object to any term or condition or other policies, including future modifications thereto, your sole recourse is to discontinue use of FOGSTER.

Content

You agree to refrain from any of the following actions while using the Site:

  • disclosure of any personal or identifying information about another person without that person’s consent;
  • take any action that is unlawful, defamatory, libelous, invasive of another's privacy, or harmful to minors;
  • harass, stalk, intimidate, threaten or cause distress or discomfort upon another user, individual or entity;
  • impersonate any person or entity;
  • post information that is false or misleading;
  • transmit or post any information that is racially or ethnically hateful or otherwise objectionable;
  • infringe the intellectual property rights or similar rights of any party, including but not limited to copyrights or trademarks, of any person or entity;
  • discriminate on the basis of race, religion, national origin, gender, disability, age, marital status, sexual orientation, or make reference to such characteristics in any manner prohibited by law;
  • post advertising or other content in categories that are not appropriate, or posting the same item or service in more than two categories within the same seven day period;
  • post advertising for products or services which are prohibited by law or regulation

You further agree and acknowledge that all postings and related photos and other materials on the Site are the sole responsibility of the person from whom such content originated. FOGSTER does not control nor approve the content nor make any representation as to its accuracy or authenticity. FOGSTER does have the right, the not the obligation,  in its sole discretion to delete any content for violating these Terms of Use or any other reason.

Real Estate and Rental Housing

All real estate advertising is subject to both federal and state fair housing and discrimination laws. These laws prohibit the discrimination in the sale, rental and financing of housing, and FOGSTER will not knowingly accept advertising that violates these laws. Any ads that violate these discrimination laws will be removed from the Site.

Copyright Infringement

If you believe that any of the postings or content of FOGSTER has been used in any way that constitutes copyright infringement, or if your intellectual property rights have been otherwise violated, please notify FOGSTER immediately through e-mail or by letter to FOGSTER, 450 Cambridge, Palo Alto, CA 94306.

Please provide the following information:

  • Your identity, address, telephone number and e-mail address;
  • The identity of the copyright owner;
  • A description of the copyright violation;
  • The URL or other detail that allows us to locate the infringing content on the Site;
  • A signed statement declaring under penalty of perjury that a) you are the owner of the copyright covering the infringing content or are authorized to act on behalf of the owner, and b) that to the best of your knowledge the use of the copyrighted work has not been authorized by the copyright owner.

FOGSTER will follow the procedures in the Digital Millenium Copyright Act (DMCA) in removing the infringing posting.

Privacy Policy

FOGSTER has established a Privacy Policy explaining how we collect and utilize information about our users. Your use of the Site constitutes acknowledgment and agreement to our policy, and you agree that FOGSTER may use your personal information in the manner described in our privacy policy. See our privacy policy.

Termination of Access

FOGSTER has the right to terminate your access if we believe you have violated these terms of use in any way. You agree not to use the Site after such termination and to not hold FOGSTER liable for such termination.

Relationship with Third Parties

You acknowledge and agree that FOGSTER shall not be responsible or liable for any damage of any kind that occurs to you as a result of your dealings with another user of the Site. Your dealings with such third parties, including but not limited to agreements or understandings regarding any warranties or representations, terms or conditions, are solely between you and the other party. FOGSTER is under no obligation to become involved in any disputes that may arise between you and other users of the Site or any other third parties.

Disclaimer of Warranties

YOU AGREE THAT USE OF THE FOGSTER SITE IS ENTIRELY AT YOUR OWN RISK. FOGSTER SHALL NOT BE RESPONSIBLE FOR ANY CONTENT PROVIDED ON THE SITE BY OTHERS.  FOGSTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, FOGSTER DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, FOGSTER DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICE.

YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitations of Liability

IN NO EVENT SHALL FOGSTER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OWNERS, AGENTS, OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO (1) THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THIS SITE, (2) ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS SITE, OR (3) ANY INTERACTION BETWEEN YOU AND OTHER PARTICIPANTS OF THE SITE. 

THESE LIMITATIONS OF LIABILITY APPLY EVEN IF FOGSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE SITE. YOUR EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE.

In some jurisdiction, limitations of liability are not permitted, in which case some of the foregoing limitation may not apply to you.

Indemnification

You agree to indemnify and hold FOGSTER, its officers, directors, employees, affiliates, owners, agents, or partners harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use of the Site, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of the rights of any third party.

General

These Terms of Use constitute the entire agreement between you and FOGSTER and govern your use of the Site, superseding any prior agreements between you and FOGSTER.  These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and FOGSTER agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California. You also 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 Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. You acknowledge and agree that if any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. FOGSTER’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

 
v2.0
© 2013 - Fogster.com™. All Rights Reserved.