The following code of conduct and terms apply to our classified platform assets:
Code Of Conduct:
- Be respectful of others. Please be considerate of others, those in the community, and the locations where you. Please do NOT cause a disruption or scene.
- Please No Illegal drugs or alcohol offered for sale or looking for
- NO Activity deemed illegal in your jusristiction.
- Enjoy, have fun and make some good memories.
LICENSE. If you agree to the TOU and (1) are of sufficient age and capacity to use the classified platform and be bound by the TOU, or (2) use the classified platform on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use the classified platform in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from the classified platform, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
USE. Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email clients) or services that interact or interoperate with the classified platform, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect the classified platform content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of GTKYF TECH Group’s policies or rules referenced above (“Prohibited Content”). You agree not to abuse GTKYF TECH Goups’s flagging or reporting processes. You agree not to collect GTKYF TECH Group’s user information or interfere with GTKYF TECH Group. You agree we may moderate GTKYF TECH Group access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available GTKYF TECH Group or our application programming interface (“API”), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide the classified platform, (iii) combine or integrate the classified platform or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects GTKYF TECH Group or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use the classified platform or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
LIQUIDATED DAMAGES. You further agree that if you violate the TOU, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting GTKYF TECH Group users’ information, including personal or identifying information – $100 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of GTKYF TECH Group without that party’s express written consent – $10,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of GTKYF TECH Group – $10,000 per violation; (D) posting or attempting to post Prohibited Content – $420 per violation; (E) posting or attempting to post Prohibited Content in any paid section of the classified platform – the price per post applicable to that section of the classified platform; (F) sending an unauthorized/unsolicited email to an email address obtained from GTKYF TECH Group – $500 per violation; (G) using GTKYF TECH Group user information to make/send an unauthorized/unsolicited text message, call, or communication to a GTKYF TECH Group user – $1500 per text/call/communication; (H) creating a misleading or unlawful GTKYF TECH Group account or buying/selling a GTKYF Tech Group account – $500 per violation; (I) abusing or attempting to abuse the classified platform’s flagging or reporting processes – $100 per violation; (J) distributing any software to facilitate violations of the USE Section – $5,000 per violation; (K) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting GTKYF TECH Group content for any purpose without our express written consent – $5,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of the classified platform in any 24-hour period – $0.75 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts – $100 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
FEES. When you make a paid posting (https://gtkyf.tech/classified-platform-fees/), you authorize us to charge your account. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.
DISCLAIMER & LIABILITY. To the full extent permitted by law, GTKYF TECH Group., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“GTKYF Entities”) (1) make no promises, warranties, or representations as to GTKYF TECH Group, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide the classified platform on an “AS IS” and “AS AVAILABLE” basis and any risk of using the classified platform is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with the classified platform. GTKYF Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to GTKYF TECH Group, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to GTKYF TECH Group (“Claims”) will be governed by the internal laws of Colorado, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Grand Junction, CO (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Grand Junction, CO; (2) indemnify and hold GTKYF Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of GTKYF TECH Group; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
MISC. Unless you have entered into a separate written or electronic agreement with us that expressly references the TOU, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access GTKYF Tech Group thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If any TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations.
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