Use of the Service
You may use this Service solely for personal and non-commercial purposes. That is to say: You can’t use the Service to make a living unless you enter into a separate agreement with us that says you can.
Keep in mind that all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject still apply. If you want to use the Service in any other manner, you are required to obtain a separate agreement between you and Patch or our prior written consent.
In order to comprehensively cover your community, the Service contains information on businesses, establishments, public services and other third parties, as well as news, feature stories, images, video, audio and other materials. The Service may provide you with other ways to access and use such information and materials—for instance, we give you the option to receive our emails and bookmark our items in other social networking services. Although we try our best to ensure everything passes muster, Patch makes no guarantee that such information is accurate and your use of the information we provide is at your own risk. If you think something looks fishy, please let us know. You agree that you will not hold Patch liable for any inaccurate, incomplete, outdated or missing information on the Service.
We want everyone to enjoy Patch, so you may use the Service without registration (i.e., signing up with a name, email address and password). However, in order to access some aspects of the Service, you will need to register for an account. Your account is for your sole, personal use. You may not allow others to use your account and you may not assign or otherwise transfer your account to any other person or entity. (If another person or entity wants an account, they can easily sign up themselves.) We ask that the e-mail address you provide when you register be a valid e-mail address for you. We encourage, but do not require, that the user name you provide be your real name. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. Therefore, if you share a computer with others, don’t allow your Internet browser to automatically save your password. Also, don’t write your password on a Post-It note and leave it on your desk for all to see.
Your License to Patch
While we encourage people to be honest and post what’s on their mind, communities thrive when people care about each other, and as such, Patch expects all of its users to be respectful of others. This means that whether you are being complimentary or critical, whether you are agreeing or disagreeing with the subject of an article or another user’s comment, you should act in a civil manner and refrain from personal attacks – after all, these are your neighbors.
By using the Service, you agree that you will not hold Patch responsible or liable for any Content from other users that you access on the Service.
You are solely responsible for the Content that you post on the Service or transmit to other users. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:
- is defamatory, abusive, obscene, profane or offensive;
- infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
- violates any party’s right of publicity or right of privacy;
- is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- promotes or encourages violence;
- is inaccurate, false or misleading in any way;
- is illegal or promotes any illegal activities;
- promotes illegal or unauthorized copying of another person's copyrighted work or links to them or providing information to circumvent security measures;
- contains “masked” profanity (e.g., F@)
- 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; or
- contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Instead of trying to memorize all that, you might boil it down to three main principles: “Keep it clean,” “Don’t try to trick people,” and “Treat others as you’d like to be treated.” Easy, right?
Variety is the spice of digital life, so understand that when using the Service, you will be exposed to Content from a variety of sources and that Patch is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. And just like when you visit any Internet site, by using Patch you acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable. If you object to this possibility, you should not use the Service.
As much as we love a good haggle, we stay out of transactions in our classifieds. Transactions are solely between buyers and sellers, and Patch does not review or confirm classifieds. You agree that any dispute between you (as the buyer or seller of any item) and another party with whom you interact as a result of the Classifieds does not involve Patch, and you hereby release Patch from any claims and agree to indemnify Patch from any claims based on your acts or omissions. So play nice and leave us out of your transactions.
Some categories of classifieds require a fee, as specified when you place the classified. Fees are non-refundable -- sorry.
Many laws and regulations in various jurisdictions regulate the types of goods and services bought, sold, or exchanged in those jurisdictions, as well as the manner in which they are bought, sold, or exchanged. If you post a classified on Patch, you are responsible for complying with such laws and regulations. And you wouldn’t want to be a law-breaker, now, would you?
Because we care, below for your convenience is a partial list of prohibited items:
- Obscene material or pornography.
- Offer or solicitation of illegal prostitution.
- Weapons, explosives, fireworks, and related items.
- Controlled substances or illegal drugs, substances and items used to manufacture controlled substances, and drug paraphernalia.
- Prescription drugs and medical devices.
- Blood, bodily fluids, or body parts.
- Restricted or regulated plants and insects.
- Pesticides or other hazardous substances.
- Illegal telecommunications equipment.
- Stolen property, or property with serial number removed or altered; burglary tools.
- False identification cards, items with police insignia, citizenship documents, or birth certificates.
- Counterfeit currency, coins and stamps, tickets, as well as equipment designed to make them.
- Material that infringes copyright.
- Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information
If you see a classified that violates these Terms or any applicable law, please contact email@example.com .
And remember, folks: you can never be too careful with your money. Watch out for scams. Take these basic safety precautions:
- Meet the seller/buyer in person
- Meet them in a public place or bring a friend
- Examine the item before you buy
- Keep the payment simple; prefer cash
- Limit personal information
- If the offer seems too good to be true, it probably is
Termination of Access
In order to provide you with as much relevant information as possible, the Service may contain links to other web sites not maintained by us. The links may include listings that provide you with further information, or links that have been included in materials uploaded to the Service by a party other than Patch. Be aware when you leave our Service and read the terms and conditions and privacy statements of each and every web site you visit, even if they are not as charming as ours. We are not responsible for the practices or the content of such other web sites or services. Despite any links that might exist on the Service, we do not endorse and are not affiliated with such third parties.
Our Proprietary Rights
Ah yes, lawyers will definitely love this section: THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(Sorry to yell at you.)
Back to our inside voice: If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the Service during the prior twelve (12) months or (ii) ten dollars ($10).
Any claims asserted by you in connection with the Service must be asserted in writing to Patch within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.
Digital Millennium Copyright Act ("DMCA") Notice
Materials may be made available via the Service by third parties not within our control. That is to say, we can’t control what other people post. We are under no obligation to scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others, and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.
If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please let us know about copyright issues by sending all DMCA notices to our designated agent as follows:
Patch Media Corporation
Attn: Copyright Officer
675 Avenue of the Americas, 3rd Floor
New York, NY 10010