Terms of Service
(A) Governing Terms. These Terms of Service, along with anyadditional terms and conditions that are referenced herein or that arepresented elsewhere on the Site in relation to a specific service or feature(collectively, “Terms of Service”) and the Rolads.com Privacy Policy, set forththe terms and conditions that apply to your use of the Rolads.com.com Site. Byusing the Site, you agree to comply with all of the terms and conditionshereof. If you do not agree to these Terms of Service, you should not access oruse the Site.
(B) Changes to Terms of Service. Rolads.com may modify the Termsof Service, or any part thereof, or add or remove terms at any time, and suchmodifications, additions or deletions will be effective immediately uponposting. Your use of the Site after such posting shall be deemed to constituteacceptance by you of such modifications, additions or deletions.
(C) Changes to Site. Rolads.com may change or discontinue anyaspect, service or feature of the Site at any time, including, but not limitedto, content, hours of availability, and equipment needed for access or use.
(D) Registration. You may be given the opportunity to registervia an online registration form to create a user account (“Your Account”) thatmay allow you to receive information from Rolads.com and/or to participate incertain features on the Site such as certain Interactive Areas. Rolads.com willuse the information you provide in accordance with the Rolads.com PrivacyPolicy. By registering you represent and warrant that all information that youprovide on the registration form is current, complete and accurate to the bestof your knowledge. You agree to maintain and promptly update your registrationinformation on the Site so that it remains current, complete and accurate.During the registration process, you may be required to choose a passwordand/or user name. You acknowledge and agree that Rolads.com may rely on thispassword or user name to identify you. You shall be responsible for protectingthe confidentiality of your user name(s) or password(s), if any. You areresponsible for all use of Your Account, regardless of whether you authorizedsuch access or use, and for ensuring that all use of Your Account compliesfully with the provisions of these Terms of Service. (E) Equipment. You areresponsible for obtaining and maintaining all connectivity, computer software,hardware and other equipment needed for access to and use of the Site and allcharges related to the same.
2. User Content and Conduct;Community Guidelines
The following terms apply to content submitted by users, anduser conduct:
(A) Interactive Areas. The Site may contain comments sections,discussion forums, or other interactive features, in which you may post orupload user-generated content, including but not limited to comments, video,photos, messages, other materials or items (collectively, “User Content”). Youare solely responsible for your use of any Interactive Areas and you use themat your own risk. Interactive Areas are available for individuals aged 13 yearsor older. By submitting User Content to an Interactive Area, you represent thatyou are 13 years of age or older and, if you are under the age of 18, youeither are an emancipated minor, or have obtained the legal consent of your parentor legal guardian to enter into these Terms of Service, submit content,participate on the Site, and fulfill the obligations set forth in these Termsof Service, which forms a binding contract between you and Rolads.com.Employees of Brazilian Classified Ads-Achei may not submit User Content withoutpermission from their supervisors.
(B) Community Guidelines. By submitting any User Content orparticipating in an Interactive Area within or in connection with the Site, youagree to abide by the following rules of conduct:
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o Youagree not to upload, post or otherwise transmit any User Content that:
o violatesor infringes in any way upon the rights of others, including any statementswhich may defame, harass, stalk or threaten others.
o youknow to be false, misleading or inaccurate.
o containsblatant expressions of bigotry, racism, racially or ethnically offensivecontent, hate speech, abusiveness, vulgarity or profanity.
o containsor advocates pornography or sexually explicit content, pedophilia, incest,bestiality, or that is otherwise obscene or lewd.
o violatesany law or advocates or provides instruction on dangerous, illegal, orpredatory acts, or discusses illegal activities with the intent to commit them.
o advocatesviolent behavior.
o poses areasonable threat to personal or public safety.
o containsviolent images of killing or physical abuse that appear to have been capturedsolely, or principally, for exploitive, prurient, or gratuitous purposes.
o isprotected by copyright, trademark, trade secret, right of publicity or otherproprietary right without the express permission of the owner of suchcopyright, trademark, trade secret, right of publicity or other proprietaryright. The burden of determining that any User Content is not protected bycopyright, trademark, trade secret, right of publicity or other proprietaryright rests with you. You shall be solely liable for any damage resulting fromany infringement of copyrights, trademarks, trade secrets, rights of publicityor other proprietary rights or any other harm resulting from such a submission.Any person determined by Rolads.com, in its sole discretion, to have violatedthe intellectual property or other rights of others shall be barred from submittingor posting any further material on the Site.
o doesnot generally pertain to the designated topic or theme of any Interactive Area.
o containsany unsolicited or unauthorized advertising or promotional materials withrespect to products or services, “junk mail,” “spam,” “chain letters,” “pyramidschemes,” or any other form of solicitation.
o Youagree not to engage in activity that would constitute a criminal offense orgive rise to a civil liability.
o Youagree that if necessary, you have the consent of each and every identifiablenatural person in any submission to use such persons name or likeness in themanner contemplated by the Site.
o Youagree that any person who appears in your submission who is a current member ofthe Screen Actors Guild (SAG), the American Federation of Television and RadioActors (AFTRA) or any other rights society is not entitled to compensation by Rolads.com.
o Youagree not to impersonate any person or entity, including, but not limited to, Rolads.comor any Rolads.com employee, or falsely state or otherwise misrepresent youraffiliation with any person or entity.
o Youagree not to represent or suggest, directly or indirectly, Rolads.comendorsement of User Content.
· You agree not tointerfere with any other user’s right to privacy, including by harvesting orcollecting personally-identifiable information about the Site users or postingprivate information about a third party.
· You agree not to upload,post or otherwise transmit any User Content, software or other materials whichcontain a virus or other harmful or disruptive component.
· You agree not tointerfere with or disrupt the Site or the servers or networks connected to theSite, or disobey any requirements, procedures, policies or regulations ofnetworks connected to the Site.
· You agree not toreproduce, duplicate, copy, sell, resell or exploit for any commercial purpose,any portion of the Site, use the Site, or access to the Site.
· You agree not to use anyservice, technology or automated system to artificially inflate the page viewsthat your User Content receives. This includes pay-per-click services, web“robots” and any other current or future technologies. You also agree not todirect any third party to use these services, technologies or automated systemson your behalf.
· You agree not to use anytechnology, service or automated system to post more User Content than anindividual could upload in a given period of time. You also agree not to directany third party to use these services, technologies or automated systems on yourbehalf.
Any conduct that in Rolads.com sole discretion restricts orinhibits anyone else from using or enjoying the Site will not be permitted. Rolads.comreserves the right in its sole discretion to remove or edit User Content by youand to terminate Your Account for any reason.
Rolads.com does not vouch for the accuracy or credibility of anyUser Content, and does not take any responsibility or assume any liability forany actions you may take as a result of reading User Content posted on theSite. Through your use of Interactive Areas, you may be exposed to content thatyou may find offensive, objectionable, harmful, inaccurate or deceptive. Theremay also be risks of dealing with underage persons, people acting under falsepretense, international trade issues and foreign nationals. By usingInteractive Areas, you assume all associated risks.
(C) Monitoring. Rolads.com shall have the right, but not the obligation,to monitor User Content posted or uploaded to the Site to determine compliancewith these Terms of Service and any operating rules established by Rolads.comand to satisfy any law, regulation or authorized government request. Although Rolads.comhas no obligation to monitor, screen, edit or remove any of the User Contentposted or uploaded to the Site, Rolads.com reserves the right, and has absolutediscretion, to screen, edit, refuse to post or remove without notice any UserContent posted or uploaded to the Site at any time and for any reason, and youare solely responsible for creating backup copies of and replacing any UserContent posted to the Site at your sole cost and expense. In addition, Rolads.commay share personally identifiable information in response to a law enforcementagency’s request, or where we believe it is necessary, or as otherwise requiredor permitted by law. See Rolads.com Privacy Policy.
The decision by Rolads.com to monitor and/or modify User Contentdoes not constitute nor shall it be deemed to constitute any responsibility orliability in any manner on the part of Rolads.com in connection with or arisingfrom use by you of Interactive Areas on the Site.
(D) License to User Content. By submitting User Content to theSite, you automatically grant Rolads.com and its parent company, BrazilianClassified Ads-Achei the royalty-free, perpetual, irrevocable, non-exclusiveright and license, but not the obligation, to use, publish, reproduce, modify,adapt, edit, translate, create derivative works from, incorporate into otherworks, distribute, sub-license and otherwise exploit such User Content (inwhole or in part) worldwide in any form, media or technology now known orhereafter developed for the full term of any copyright that may exist in suchUser Content, without payment to you or to any third parties. You represent andwarrant to Rolads.com that you have the full legal right, power and authorityto grant to Rolads.com the license provided for herein, that you own or controlthe complete exhibition and other rights to the User Content you submitted forthe purposes contemplated in this license and that neither the User Content northe exercise of the rights granted herein shall violate these Terms of Service,or infringe upon any rights, including the right of privacy or right ofpublicity, constitute a libel or slander against, or violate any common law orany other right of, or cause injury to, any person or entity. You further grantRolads.com the right, but not the obligation, to pursue at law any person orentity that violates your or Rolads.com’s rights in the User Content by abreach of these Terms of Service.
(E) Moral Rights. If it is determined that you retain moralrights (including rights of attribution or integrity) in the User Content, youhereby declare that (a) you do not require that any personally identifyinginformation be used in connection with the User Content, or any derivativeworks of or upgrades or updates thereto; (b) you have no objection to the publication,use, modification, deletion and exploitation of the User Content by Rolads.comor its licensees, successors and assigns; (c) you forever waive and agree notto claim or assert any entitlement to any and all moral rights of an author inany of the User Content; and (d) you forever release Rolads.com, and itslicensees, successors and assigns, from any claims that you could otherwiseassert against Rolads.com by virtue of any such moral rights. You also permitany other user to access, view, store or reproduce the User Content for thatuser’s personal use.
(F) No Obligation. User Content submitted by you will beconsidered non-confidential and Rolads.com is under no obligation to treat suchUser Content as proprietary information except pursuant to the Rolads.comPrivacy Policy. Without limiting the foregoing, Rolads.com reserves the rightto use any User Content as it deems appropriate, including, without limitation,deleting, editing, modifying, rejecting, or refusing to post it. Rolads.com isunder no obligation to edit, delete or otherwise modify User Content once ithas been submitted to Rolads.com. Rolads.com shall have no duty to attributeauthorship of User Content to you, and shall not be obligated to enforce anyform of attribution by third parties.
3. Copyright Ownership.
The Site contains copyrighted material, trademarks and otherproprietary information, including, but not limited to, text, software, photos,video, graphics, music and sound, and the entire contents of the Site are copyrightedas a collective work under the United States copyright laws. Rolads.com ownscopyright in the selection, coordination, arrangement and enhancement of suchcontent, as well as in the content original to it. You may not modify, publish,transmit, participate in the transfer or sale, create derivative works, or inany way exploit, any of the content, in whole or in part. You may downloadcopyrighted material for your personal use only. Except as otherwise expresslypermitted under copyright law, no copying, redistribution, retransmission,publication or commercial exploitation of downloaded material will be permittedwithout the express permission of Rolads.com and the copyright owner. In theevent of any permitted copying, redistribution or publication of copyrightedmaterial, no changes in or deletion of author attribution, trademark legend orcopyright notice shall be made. You acknowledge that you do not acquire anyownership rights by downloading copyrighted material.
4. Third Party Content.
Rolads.com is a distributor (and not a publisher or creator) ofcontent supplied by third parties and users. Any opinions, advice, statements,services, offers, or other information or content expressed or made availableby third parties, including information providers or users of the Site, arethose of the respective author(s) or distributor(s) and not of Rolads.com.Neither Rolads.com nor any third-party provider of information guarantees theaccuracy, completeness, or usefulness of any content, nor its merchantabilityor fitness for any particular purpose. (Refer to Section 6 below for thecomplete provisions governing limitation of liabilities and disclaimers ofwarranty.)
In many instances, the content available through the Siterepresents the opinions and judgments of the respective user or informationprovider not under contract with Rolads.com. Rolads.com neither endorses nor isresponsible for the accuracy or reliability of any opinion, advice or statementmade on the Site by any third party. Under no circumstances will Rolads.com beresponsible or liable, directly or indirectly, for any loss or damage caused byyour use or reliance on information obtained through the Site. Rolads.com isnot responsible for any actions or inaction on your part based on the informationthat is presented on the Site. It is your responsibility to evaluate theaccuracy, completeness or usefulness of any information, opinion, advice orother content available through the Site. Please seek the advice ofprofessionals, as appropriate, regarding the evaluation of any specificinformation, opinion, advice or other content.
5. Advertisements andPromotions.
Rolads.com may run advertisements and promotions from thirdparties on the Site. Your business dealings or correspondence with, or participationin promotions of, advertisers other than Rolads.com, and any terms, conditions,warranties or representations associated with such dealings, are solely betweenyou and such third party. Rolads.com is not responsible or liable for any lossor damage of any sort incurred as the result of any such dealings or as theresult of the presence of third-party advertisers on the Site.
6. Disclaimer of Warranty;Limitation of Liability.
(A) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLERISK. NEITHER Rolads.com, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NORANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS ORLICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOTHEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THESITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
(B) THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLESOFTWARE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND,EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLEOR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OFSERVICE.
(C) THE SITE MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHERSUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL ANDINFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT ANDIS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICEOF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NORDOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. Rolads.comIS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THEINFORMATION THAT IS PRESENTED IN THE SITE.
(D) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NOEVENT SHALL ROLADS.COM, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATEDCOMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOSTPROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL,WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION ORFOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USEOF THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION,INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSIONOF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFTOR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, ORUSE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ONTHE SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHEHER SUCHALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALLUNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITYIS CLAIMED AND EVEN IF ROLADS.COM OR ITS PRESENT OR FUTURE PARENTS ORAFFILIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS ORDAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLYACKNOWLEDGE THAT ROLADS.COM AND/OR ITS PRESENT OR FUTURE PARENTS AND AFFILIATEDCOMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, ORILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVELIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLYTO THE EXTENT PERMITTED BY APPLICABLE LAW.
(G)Rolads.comdisclaims any and all liability of any kind for any unauthorized access to oruse of your personally identifiable information. By accessing the Site, youacknowledge and agree to Rolads.com’s disclaimer of any such liability. If youdo not agree, you should not access or use the Site. Our classified ads sectionis not a public space. It is the property of Brazilian Classified Ads –DBA Rolads.com Newspaper, who reserves the right to refuse or remove any adwithout previous or further notice to the advertiser. We track the origin ofthe ads, and those responsible for frauds may be prosecuted. BrazilianClassified Ads – DBA Rolads.com is not responsible for the contents ofthe ads, which are full responsibility of the advertisers.
7. Indemnification.
You agree to defend, indemnify and hold harmless Rolads.com, itsaffiliates and their respective directors, officers, employees and agents fromand against all claims and expenses, including attorneys’ fees, arising out ofthe use of the Site by you or your Account. Rolads.com reserves the right totake over the exclusive defense of any claim for which we are entitled toindemnification under this Section. In such event, you shall provide Rolads.comwith such cooperation as is reasonably requested by Rolads.com.
8. Termination.
Rolads.com may terminate or suspend these Terms of Service atany time without notice to you. Without limiting the foregoing, Rolads.comshall have the right to immediately terminate Your Account in the event of anyconduct by you which Rolads.com, in its sole discretion, considers to beunacceptable, or in the event of any breach by you of these Terms of Service.The provisions of Sections 1 — 13 shall survive termination of these Terms ofService.
9. Trademarks.
Rolads.com, its parent, subsidiaries and affiliates, own allrights to their logos and trademarks used in connection with the Site. Allother logos and trademarks appearing on the Site are the property of theirrespective owners.
10. Governing Law.
The content, data, video, and all other material and features onthe Site are presented for the purpose of providing entertainment, news and/orinformation and/or promoting programs, films, music, games, and other productsand/or services that are or may become available in the United States, itsterritories, possessions, and protectorates.
Any and all disputes, claims and controversies arising out of orin connection with your access to, and/or use of the Sites, and/or theprovision of content, services, and/or technology on or through the Sites shallbe governed by and construed exclusively in accordance with the laws anddecisions of the State of Florida applicable to contracts made, entered intoand performed entirely therein, without giving effect to its conflict of lawsprovisions.
11. Disputes/Arbitration.PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGALRIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Rolads.com and you agree that these Terms of Use affectinterstate commerce and that the Federal Arbitration Act governs theinterpretation and enforcement of these arbitration provisions.
In theevent of a dispute, claim, or controversy arising out of or in connection withyour access to, and/or use of the Site, and/or the provision of content,services, and/or technology on or through the Site, Rolads.com or you must givethe other notice of the dispute, claim, or controversy which notice willinclude a brief written statement that sets forth the name, address, andcontact information of the party giving it, the facts giving rise to thedispute, claim, or controversy and the relief requested. You must send any suchnotice to Rolads.com by email to info@rolads.com.com AND by U.S. Mail to 816 SE9th Street Suite EDeerfield Beach, FL 33441. To the extent that Rolads.com has your contactinformation, it will send any such notice to you by U.S. Mail, or otherwise toyour email address. Rolads.com and you will attempt to resolve any dispute,claim, or controversy through informal negotiation within thirty (30) days fromthe date that any notice of dispute, claim, or controversy is sent. Rolads.comand you shall use reasonable, good faith, efforts to settle any dispute, claim,or controversy through consultation and good faith negotiations. After 30 days,Rolads.com or you may resort to the other alternatives described in thisSection. Notwithstanding the foregoing, the notice and 30 day negotiationperiod required by this paragraph shall not apply, however, to disputes,claims, or controversies concerning patents, copyrights, moral rights,trademarks, and trade secrets and claims of piracy or unauthorized use of theSites.
Except as otherwise specifically set forth below, any dispute,claim, or controversy of any kind between Rolads.com and you arising underthese Terms of Use or in connection with your access to, and/or use of theSite, and/or the provision of content, services, and/or technology on orthrough the Site, if unresolved through informal discussions within thirty (30)days of receipt of notice, shall be resolved by binding arbitration to be heldin the state in which you reside. Notwithstanding the foregoing, disputes,claims, or controversies concerning patents, copyrights, moral rights,trademarks, and trade secrets and claims of piracy or unauthorized use of theSite shall not be subject to arbitration.
For residents outside the United States, arbitration shall beinitiated in Miami, Florida, and Rolads.com and you agree to submit to thepersonal jurisdiction of any state or federal court in Miami, Florida to compelarbitration, stay proceedings pending arbitration, or to confirm, modify,vacate, or enter judgment on the award entered by the arbitrator.
Thearbitration shall be conducted by a single arbitrator, governed by theCommercial Arbitration Rules and the Supplementary Procedures for ConsumerRelated Disputes (collectively, “AAA Rules”) of the American ArbitrationAssociation (“AAA”), as modified by these Terms of Use, and administered by theAAA. The AAA Rules and fee information are available at www.adr.org, or bycalling the AAA at 1-800-778-7879.
Rolads.com shall bear the cost of any arbitration filing feesand arbitration fees for claims of up to $10,000, unless the arbitrator findsthe arbitration to be frivolous. You are responsible for all other additionalcosts that you may incur in the arbitration including, but not limited toattorney’s fees and expert witness costs unless Rolads.com is otherwisespecifically required to pay such fees under applicable law. For claims thattotal more than $10,000, the AAA Rules will govern payment of filing fees andarbitration fees. The decision of the arbitrator will be in writing and bindingand conclusive on Rolads.com and you, and judgment to enforce the decision maybe entered by any court of competent jurisdiction. Rolads.com and you agreethat dispositive motions, including without limitation, motions to dismiss andmotions for summary judgment will be allowed in the arbitration. The arbitratormust follow these Terms of Use and can award the same damages and relief as acourt, including injunctive or other equitable relief and attorney’s fees.Notwithstanding the foregoing, Rolads.com and you agree not to seek anyattorney’s fees and expert witness costs unless the arbitrator finds that aclaim or defense was frivolous or asserted for an improper purpose. Rolads.comand you understand that, absent this mandatory arbitration provision, Rolads.comand you would have the right to sue in court and have a jury trial. Rolads.comand you further understand that, in some instances, the costs of arbitrationcould exceed the costs of litigation and the right to discovery may be morelimited in arbitration than in court.
If your claim is solely for monetary relief of $1,000 or less,and does not include a request for any type of equitable remedy, you may choosewhether the arbitration will be conducted solely based on documents submittedto the arbitrator, through a telephonic hearing, or by an in-person hearingunder the AAA Rules.
You may choose to pursue your claim in small claims court wherejurisdiction and venue over Rolads.com and you otherwise qualifies for suchsmall claims court and where your claim does not include a request for any typeof equitable relief.
Youhave the right to opt-out and not be bound by these arbitration provisions bysending written notice of your decision to opt-out to the following Emailaddress info@rolads.com.com AND by U.S. Mail to 816 SE 9th StreetSuite E Deerfield Beach, Florida. The notice must be sent within the later of30 days of your first use of the Site or within 30 days of changes to thissection being announced on the Site, otherwise you shall be bound to arbitrateany disputes, claims, or controversies in accordance with the terms of theseparagraphs. If you opt-out of these arbitration provisions, Rolads.com alsowill not be bound by them. If you do not affirmatively elect to opt out asdescribed above, your use of the Site will be deemed to be your irrevocableacceptance of these Terms of Use and any changes/updates to this section orotherwise.
If any clause within these arbitration provisions is found to beillegal or unenforceable, that specific clause will be severed from thesearbitration provisions, and the remainder of the arbitration provisions will begiven full force and effect. In the event some or all of these arbitrationprovisions are determined to be unenforceable for any reason, or if a claim, disputeor controversy is brought that is found by a court to be excluded from thescope of these arbitration provisions, Rolads.com and you agree to waive, tothe fullest extent allowed by law, any trial by jury.
The terms of these arbitration provisions will also apply to anyclaims asserted by you against any present or future parent or affiliatedcompany of Rolads.com to the extent that any such claims arise out of youraccess to, and/or use of the Site, and/or the provision of content, services,and/or technology on or through the Site.
12. Class Action Waiver.PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGALRIGHTS.
Rolads.com and you agree that Rolads.com and you will resolveany disputes, claims or controversies on an individual basis, and that anyclaims brought under these Terms of Use in connection with the Site will bebrought in an individual capacity, and not on behalf of, or as part of, anypurported class, consolidated, or representative proceeding. Rolads.com and youfurther agree that Rolads.com and you shall not participate in anyconsolidated, class, or representative proceeding (existing or future) broughtby any third party arising under these Terms of Use or in connection with theSite.
If any court or arbitrator determines that the class actionwaiver set forth in this paragraph is void or unenforceable for any reason orthat arbitration can proceed on a class basis, then the disputes, claims orcontroversies will not be subject to arbitration and must be litigated infederal court located in Miami, Florida.
The terms of this provision will also apply to any claimsasserted by you against any parent or affiliated company of Rolads.com to the extentthat any such claims arise out of your access to, and/or use of the Site,and/or the provision of content, services, and/or technology on or through theSite.
13. Miscellaneous.
These Terms of Service and any operating rules for the Siteestablished by Rolads.com constitute the entire agreement of the parties withrespect to the subject matter hereof, and supersede all previous written ororal agreements between the parties with respect to such subject matter. Theprovisions of these Terms of Service are for the benefit of Rolads.com, itsparent, subsidiaries, other affiliates and its third party content providersand licensors and each shall have the right to assert and enforce suchprovisions directly or on its own behalf. If you access the Site, including itsInteractive Areas, from any location other than the United States, you acceptfull responsibility for compliance with all local laws. You are also subject toUnited States export controls and are responsible for any violations of UnitedStates embargoes or other federal rules and regulations restricting exports. Nowaiver by either party of any breach or default hereunder shall be deemed to bea waiver of any preceding or subsequent breach or default. If any part of theseTerms of Use is found by a court of competent jurisdiction to be invalid orunenforceable, it will be replaced with language reflecting the originalpurpose in a valid and enforceable manner. The enforceable sections of theseTerms of Use will remain binding upon the parties. The section headings usedherein are for convenience only and shall not be given any legal import.
Neither Rolads.com nor you shall be liable for damages or fordelays or failures in performance resulting from acts or occurrences beyondtheir reasonable control, including, without limitation: fire, lightning,explosion, power surge or failure, water, acts of God, war, terrorism,revolution, civil commotion or acts of civil or military authorities or publicenemies: any law, order, regulation, ordinance, or requirement of anygovernment or legal body or any representative of any such government or legalbody; or labor unrest, including without limitation, strikes, slowdowns,picketing, or boycotts; inability to secure raw materials, transportationfacilities, fuel or energy shortages, or acts or omissions of other commoncarriers.
14. Copyrights and CopyrightAgent.
Rolads.com respects the rights of all copyright holders and inthis regard, Rolads.com has adopted and implemented a policy that provides forthe termination in appropriate circumstances of users and account holders whoinfringe the rights of copyright holders. If you believe that your work hasbeen copied in a way that constitutes copyright infringement, please providethe following information required by the Online Copyright InfringementLiability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C.512:
1. Aphysical or electronic signature of a person authorized to act on behalf of theowner of an exclusive right that is allegedly infringed;
2. Identificationof the copyright work claimed to have been infringed, or, if multiplecopyrighted works at a single online site are covered by a single notification,a representative list of such works at that site;
3. Identificationof the material that is claimed to be infringing or to be the subject ofinfringing activity and that is to be removed or access to which is to bedisabled, and information reasonably sufficient to permit us to locate thematerial;
4. Informationreasonably sufficient to permit us to contact the complaining party;
5. Astatement that the complaining party has a good-faith belief that use of thematerial in the manner complained of is not authorized by the copyright owner,its agent, or the law; and
6. Astatement that the information in the notification is accurate, and underpenalty of perjury, that the complaining party is authorized to act on behalfof the owner of an exclusive right that is allegedly infringed.
Forcopyright inquiries under the Digital Millennium Copyright Act please contact:
Legal Department
2001 West Sample Rd, Suite 422
Deerfield Beach, FL 33064
Email: info@rolads.com.com
For web posting, reprint, transcript or licensing requests for Rolads.commaterial, please contact info@rolads.com.com
TheseTerms of Service were last updated on May 10, 2016.
(A) Governing Terms. These Terms of Service, along with anyadditional terms and conditions that are referenced herein or that arepresented elsewhere on the Site in relation to a specific service or feature(collectively, “Terms of Service”) and the Rolads.com Privacy Policy, set forththe terms and conditions that apply to your use of the Rolads.com.com Site. Byusing the Site, you agree to comply with all of the terms and conditionshereof. If you do not agree to these Terms of Service, you should not access oruse the Site.
(B) Changes to Terms of Service. Rolads.com may modify the Termsof Service, or any part thereof, or add or remove terms at any time, and suchmodifications, additions or deletions will be effective immediately uponposting. Your use of the Site after such posting shall be deemed to constituteacceptance by you of such modifications, additions or deletions.
(C) Changes to Site. Rolads.com may change or discontinue anyaspect, service or feature of the Site at any time, including, but not limitedto, content, hours of availability, and equipment needed for access or use.
(D) Registration. You may be given the opportunity to registervia an online registration form to create a user account (“Your Account”) thatmay allow you to receive information from Rolads.com and/or to participate incertain features on the Site such as certain Interactive Areas. Rolads.com willuse the information you provide in accordance with the Rolads.com PrivacyPolicy. By registering you represent and warrant that all information that youprovide on the registration form is current, complete and accurate to the bestof your knowledge. You agree to maintain and promptly update your registrationinformation on the Site so that it remains current, complete and accurate.During the registration process, you may be required to choose a passwordand/or user name. You acknowledge and agree that Rolads.com may rely on thispassword or user name to identify you. You shall be responsible for protectingthe confidentiality of your user name(s) or password(s), if any. You areresponsible for all use of Your Account, regardless of whether you authorizedsuch access or use, and for ensuring that all use of Your Account compliesfully with the provisions of these Terms of Service. (E) Equipment. You areresponsible for obtaining and maintaining all connectivity, computer software,hardware and other equipment needed for access to and use of the Site and allcharges related to the same.
2. UserContent and Conduct; Community Guidelines
The following terms apply to content submitted by users, anduser conduct:
(A) Interactive Areas. The Site may contain comments sections,discussion forums, or other interactive features, in which you may post orupload user-generated content, including but not limited to comments, video,photos, messages, other materials or items (collectively, “User Content”). Youare solely responsible for your use of any Interactive Areas and you use themat your own risk. Interactive Areas are available for individuals aged 13 yearsor older. By submitting User Content to an Interactive Area, you represent thatyou are 13 years of age or older and, if you are under the age of 18, youeither are an emancipated minor, or have obtained the legal consent of yourparent or legal guardian to enter into these Terms of Service, submit content,participate on the Site, and fulfill the obligations set forth in these Termsof Service, which forms a binding contract between you and Rolads.com.Employees of Brazilian Classified Ads-Achei may not submit User Content withoutpermission from their supervisors.
(B) Community Guidelines. By submitting any User Content orparticipating in an Interactive Area within or in connection with the Site, youagree to abide by the following rules of conduct:
· You agree not to upload,post or otherwise transmit any User Content that:
· violates or infringes inany way upon the rights of others, including any statements which may defame,harass, stalk or threaten others.
· you know to be false,misleading or inaccurate.
· contains blatantexpressions of bigotry, racism, racially or ethnically offensive content, hatespeech, abusiveness, vulgarity or profanity.
· contains or advocatespornography or sexually explicit content, pedophilia, incest, bestiality, or thatis otherwise obscene or lewd.
· violates any law oradvocates or provides instruction on dangerous, illegal, or predatory acts, ordiscusses illegal activities with the intent to commit them.
· advocates violentbehavior.
· poses a reasonable threatto personal or public safety.
· contains violent imagesof killing or physical abuse that appear to have been captured solely, orprincipally, for exploitive, prurient, or gratuitous purposes.
· is protected bycopyright, trademark, trade secret, right of publicity or other proprietaryright without the express permission of the owner of such copyright, trademark,trade secret, right of publicity or other proprietary right. The burden ofdetermining that any User Content is not protected by copyright, trademark, tradesecret, right of publicity or other proprietary right rests with you. You shallbe solely liable for any damage resulting from any infringement of copyrights,trademarks, trade secrets, rights of publicity or other proprietary rights orany other harm resulting from such a submission. Any person determined by Rolads.com,in its sole discretion, to have violated the intellectual property or otherrights of others shall be barred from submitting or posting any furthermaterial on the Site.
· does not generallypertain to the designated topic or theme of any Interactive Area.
· contains any unsolicitedor unauthorized advertising or promotional materials with respect to productsor services, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or anyother form of solicitation.
· You agree not to engagein activity that would constitute a criminal offense or give rise to a civilliability.
· You agree that ifnecessary, you have the consent of each and every identifiable natural personin any submission to use such persons name or likeness in the mannercontemplated by the Site.
· You agree that any personwho appears in your submission who is a current member of the Screen ActorsGuild (SAG), the American Federation of Television and Radio Actors (AFTRA) orany other rights society is not entitled to compensation by Rolads.com.
· You agree not toimpersonate any person or entity, including, but not limited to, Rolads.com orany Rolads.com employee, or falsely state or otherwise misrepresent youraffiliation with any person or entity.
· You agree not torepresent or suggest, directly or indirectly, Rolads.com endorsement of UserContent.
· You agree not tointerfere with any other user’s right to privacy, including by harvesting orcollecting personally-identifiable information about the Site users or postingprivate information about a third party.
· You agree not to upload,post or otherwise transmit any User Content, software or other materials whichcontain a virus or other harmful or disruptive component.
· You agree not to interferewith or disrupt the Site or the servers or networks connected to the Site, ordisobey any requirements, procedures, policies or regulations of networksconnected to the Site.
· You agree not toreproduce, duplicate, copy, sell, resell or exploit for any commercial purpose,any portion of the Site, use the Site, or access to the Site.
· You agree not to use anyservice, technology or automated system to artificially inflate the page viewsthat your User Content receives. This includes pay-per-click services, web“robots” and any other current or future technologies. You also agree not todirect any third party to use these services, technologies or automated systemson your behalf.
· You agree not to use anytechnology, service or automated system to post more User Content than anindividual could upload in a given period of time. You also agree not to directany third party to use these services, technologies or automated systems onyour behalf.
Any conduct that in Rolads.com sole discretion restricts orinhibits anyone else from using or enjoying the Site will not be permitted. Rolads.comreserves the right in its sole discretion to remove or edit User Content by youand to terminate Your Account for any reason.
Rolads.com does not vouch for the accuracy or credibility of anyUser Content, and does not take any responsibility or assume any liability forany actions you may take as a result of reading User Content posted on theSite. Through your use of Interactive Areas, you may be exposed to content thatyou may find offensive, objectionable, harmful, inaccurate or deceptive. Theremay also be risks of dealing with underage persons, people acting under falsepretense, international trade issues and foreign nationals. By using InteractiveAreas, you assume all associated risks.
(C) Monitoring. Rolads.com shall have the right, but not theobligation, to monitor User Content posted or uploaded to the Site to determinecompliance with these Terms of Service and any operating rules established by