Acceptance of the Sticky List Terms of Use
The Sticky List by HHH Incorporated provides a collection of online resources, including classified advertisements, forums, and various shopping services, (referred to hereafter as "the Service") subject to the following Terms of Use. By using the Service, you are agreeing to comply with the Terms of Use listed below and you are agreeing to comply with our website terms of use listed here.
In addition, when using the Service, you agree to abide by any applicable posted guidelines for all the Service, which may change from time to time. Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with HHH Incorporated in any way, your only recourse is to immediately discontinue use of the Service provided by HHH Incorporated. HHH Incorporated has the right, but is not obligated, to strictly enforce the Terms of Use through self-help, community moderation, active investigation, litigation and prosecution.
Use
While using the Service, you will not:
- post content or items in an inappropriate category or areas on our sites
- violate any laws, third party rights, or our company policies;
- use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites;
- fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
- interfere with other user's listings;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm HHH Incorporated, or the interests or property of HHH Incorporated users;
- copy, modify, or distribute content from the sites and HHH Incorporated’s copyrights and trademarks; or
- Collect information about users, including email addresses, without their consent.
Modifications to this Agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.Abuse of the Service
HHH Incorporated and Users of The Sticky List work together to keep the Service working properly and the Users of The Sticky List safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend or terminate the Service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Content
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("CONTENT") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such CONTENT originated. More specifically, you are entirely responsible for each individual item of CONTENT that you post, email or otherwise make available via the Service. You understand that HHH Incorporated does not control, and is not responsible for CONTENT made available through the Service, and that by using the Service, you may be exposed to CONTENT that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Furthermore, the HHH Incorporated site and CONTENT available through the Service may contain links to other websites, which are completely independent of HHH Incorporated. HHH Incorporated makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the use of any CONTENT, that you may not rely on said CONTENT, and that under no circumstances will HHH Incorporated be liable in any way for any CONTENT or for any loss or damage of any kind incurred as a result of the use of any CONTENT posted, emailed or otherwise made available via the Service. You acknowledge that HHH Incorporated does not pre-screen or approve CONTENT, but that HHH Incorporated shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any CONTENT that is available via the Service, for violating the letter or spirit of the Terms of Use or for any other reason.
Liability
You will not hold HHH Incorporated responsible for other users' content, actions or inactions, or items they list. You acknowledge that we are not involved in the transactions, contracts, and services exchanged on this site.
We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. We do not transfer legal ownership of items from the seller to the buyer.
We cannot guarantee continuous or secure access to the Service, and operation of the Service may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Access and Interference
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of eBay and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Resolution of Disputes
If a dispute arises between you and HHH Incorporated, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and HHH Incorporated agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Contact Us page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Governing Law and Jurisdiction
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Indiana, without reference to its choice of law rules. By accessing, viewing, or using the material on the Service, you consent to the jurisdiction of the federal and state courts of Indiana and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Web Site is controlled by H.H.H. Incorporated from its offices within the United States. H.H.H. Incorporated makes no representation that materials in the Web Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Web Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.
Notification of Claim Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify HHH Incorporated for notice of claims of copyright or other intellectual property infringement at:
Copyright Agent
HHH Incorporated
PO Box 1076
Chesterton, IN 46304
Please provide our Agent with the following Notice:
1) Identify the material on the HHH Incorporated site that you claim is infringing, with enough detail so that we may locate it on the website;
2) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
3) A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
4) Your address, telephone number, and email address;
5) Your physical or electronic signature. HHH Incorporated will remove the infringing posting(s).
Permitted Items List:
- The only CONTENT permitted to be posted on The Sticky List is products and services relating to the waste and recycling industries. All other CONTENT will be removed.
Prohibited Items List:
- Advertisements or Classified Ad listings for Decals, Stickers, Signs, Cut Vinyl Graphics, Reflective Tape or Labels that are not HHH Incorporated products or services are not permitted on The Sticky List. Those advertisements and classified ad listings will be removed and a written warning will be issued to the offending person or firm. A second violation of this rule will result in a $1000 per day advertising charge with a minimum charge of $1000 being assessed.
