Terms and Conditions
This document describes the terms and conditions on which Washington Blade offers an Advertiser ("You") access to our Classifieds. If you have any questions that are not addressed in this Agreement, please contact us.
Please read this agreement carefully
Acceptance of Terms
By completing the sign-up process, you agree to the terms of this Classifieds Agreement, and to abide by the other terms, policies, procedures, and guidelines of Washington Blade as amended from time to time. You hereby acknowledge that posting of changes at Washington Blade’s website constitutes notice of all modifications and by using Washington Blade’s site thereafter you hereby agree to all changes
Washington Blade Classifieds Is Only a Venue
Washington Blade acts as a matching service for Advertiser to locate people to buy, sell, and negotiate the exchange of products and services. We do not own or offer any of the goods and services listed on the site. As a result, we cannot verify or endorse the quality, safety, or legality of the posted advertisements, or the truth or accuracy of any content on our site.
By joining Washington Blade, you represent to us that:
Your supplied email address is a valid means of communication with you, and until we receive other instructions from you we will consider any email to your address as received by you.
Your supplied contact information is accurate and complete, including but not limited to your full name, city, state, and postal code. Unless we receive other instructions from you we will consider your contact information to be current and any communication to that destination as received.
You have not already registered with Washington Blade. In general, only one account per individual or business entity may be active at any point in time.
If you are registering as a business, you represent that you have the authority to bind the business to this Agreement.
Washington Blade may, under its sole discretion, terminate any advertiser account at any time for any reason, including but not limited to our inability to confirm any element of your eligibility. Further, your account and sign-in name is personal to you, or your business, whichever is applicable.
Advertiser Sign-up Names
Washington Blade may, in it sole discretion, change or terminate any advertiser sign-up name. Action may be taken on names which:
Represent any form of contact information (URL, email, phone, etc).
Represent something we consider offensive or inappropriate, that violates any of our policies, term or conditions.
Cause confusion in the marketplace
Violate any law, including but not limited to intellectual property laws
Advertiser Obligations and Terms
You are solely responsible for the information you provide to us, and we act as a venue for you. Your information (or content) includes any information you provide to us or other members during the registration, trading, or posting process, in any public message area or through any email feature, including all text descriptions and/or photographs, digital images, renderings of your items and services or in any other manner. We may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us. You acknowledge that Washington Blade may not pre-screen content, but that Washington Blade and its designees have the right (but not the obligation) in their sole discretion to refuse, modify, or reorganize any content that is provided. In addition, Washington Blade has the right to suspend or terminate your account and refuse any and all current or future use of our service, at any time and at our sole discretion. Washington Blade reserves the right to change or discontinue, temporarily or permanently, some or all of our services at any time without notice.
You agree that your information and the content you post on Washington Blade:
will be true, accurate, and up-to-date;
will not be fraudulent or involve the sale of stolen items;
will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
will not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing;
will not be obscene or contain child pornography;
will not contain any viruses, Trojan horses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
will not link directly or indirectly to or include descriptions of goods or services that (i) are prohibited under this Agreement or (ii) you do not have a right to link to or include;
are in accordance with Washington Blade Classified Ad Guidelines.
Fees. Unless otherwise stated, all monetary values are quoted in U.S. Dollars. You are responsible for paying all applicable fees, taxes and duties and for all costs you incur as part of the Washington Blade service. We may, at our sole discretion, change some or all of our services, our Listing Fee Policy, and/or the fees for our services.
License. You agree to grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicense (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in your posted content, in any media now known or not currently known.
The Trading Process
Negotiating. Advertiser hereby agree and understand that neither, Washington Blade, nor their employees, shareholders, officers or directors shall be liable for any act or omission including but not limited to typographical errors, or the authenticity of the identity of an Advertiser.
Posting. Classifieds are text descriptions, graphics, and/or pictures on Washington Blade’s website supplied by you or viewed by you that either (a) describe a product or service you have or provide (b) describe a product or service item you are seeking. You may post either or both of these types of classifieds on Washington Blade’s site, provided that you place such classifieds in an appropriate category. Washington Blade is not responsible for the accuracy or content of classifieds. All classifieds are subject to approval by Washington Blade in accordance with their Classified Ad Guidelines and other policies.
Disputes. Washington Blade is not responsible for resolving disputes between parties.
The Trading System
System. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Washington Blade site or any transaction being conducted on our site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your Password to any third parties or use your Password for any unauthorized purpose.
Manipulation. You agree not to use a secondary account or third party to manipulate the outcome of a negotiation with another trader.
General Legal Terms
Our service is provided "as is." We will try very hard to make your experience with Washington Blade a pleasurable one; however, we cannot foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service interruptions. You agree that Washington Blade services are provided "as is." Washington Blade does not assume responsibility for the timeliness, deletion, misdelivery, or failure to store any Advertiser data, communications, or personalization settings. WASHINGTON BLADE WEBSITE AND SERVICES ARE PROVIDED TO YOU "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WASHINGTON BLADE SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. 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, which vary from state to state.
Suspension/Termination. We may immediately take any action including but not limited to a warning, temporarily suspend, indefinitely suspend, or terminate your account or prevent you from continuing to buy or sell any products of services if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us. Without limiting any other remedies, Washington Blade may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent or any illegal activity in connection with our site as determined solely by Washington Blade in its sole and absolute discretion.
Limit of liability. IN NO EVENT SHALL WASHINGTON BLADE, THEIR OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. YOU HEREBY AGREE AND UNDERSTAND THAT OUR LIABILITY, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
General compliance with laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your negotiations, classified ad, purchase, and sale of items and services.
No agency. You and Washington Blade are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices. Except as explicitly stated otherwise, Washington Blade may provide you with notices via email, regular postal mail, or postings on the Washington Blade web site.
Arbitration. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the Washington, DC, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Washington Blade may seek any interim or preliminary relief from a court of competent jurisdiction in Washington, DC necessary to protect rights or property pending the completion of arbitration.
Jurisdiction and Venue. This Agreement shall be governed in all respects by the laws of the District of Columbia. You agree that any legal action brought against Washington Blade shall be governed by the laws of the District of Columbia without regard to its conflict of law principles, and that the sole jurisdiction and venue for any litigation arising from your use of Washington Blade.com shall be an appropriate court located in the District of Columbia. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. 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.