The Classify Ads Terms of Use

Welcome to TheClassifyAds (“TheClassifyAds”). The TheClassifyAds website is provided to you. By accessing TheClassifyAds, you agree to the provisions outlined in this legally binding Terms of Use (“TOU”) agreement. This policy is effective as of May 19, 2023.

Using TheClassifyAds

 

  1. SCOPE OF AGREEMENT
    The usage of TheClassifyAds is bound by the TOU set by TheClassifyAds.com. Failure to comply with any of the stipulated terms in this agreement may result in the suspension or termination of your account, and in some instances legal actions if required.
  2. OBJECT OF AGREEMENT, RIGHTS OF THIRD PARTIES
    1. The TheClassifyAds website is an internet platform where users can publish and respond to classified ads. Users are solely held responsible for the content they submit on TheClassifyAds, as well as any consequences that arise from doing so.
    2. TheClassifyAds is not involved in any transaction, contract and/or arrangement that might occur between and among users and third parties. The conclusion of such transactions, contracts and/or arrangements remain the business of the users and the third party.
  3. USER INFORMATION AND REGISTRATION, PURPOSE OF ADVERTISEMENT(S)
    1. The usage of TheClassifyAds services is essentially available for everyone. A user registers on TheClassifyAds by filling out the provided online registration form, and by doing so swears that the information provided is accurate and true. The registration progress is complete when the account becomes active. The user is obligated to promptly inform TheClassifyAds of any changes to their account information.
    2. The user may resign from this agreement at any time. Sending an email to the Customer Support Team through the
      contact form should suffice. TheClassifyAds reserves the right to a grace period of 12 days before terminating the agreement. Blocking an account remains the right of TheClassifyAds, as stated in clause 4.3.
    3. An entry on TheClassifyAds, referring to a classified ad, can only materialize/be published online via the following methods:
      • TheClassifyAds confirms the entry through an email, or
      • TheClassifyAds implements the entry and publishes it online.
    4. TheClassifyAds reserves the right to refuse a user’s classified ad entry under certain circumstances. This applies when the content of a classified ad goes against this agreement, violates laws and local authority regulations, contravenes good intentions, morals and customs or when TheClassifyAds is used for unsuitable purposes.
    5. TheClassifyAds reserves the right to delete the accounts of non-registered users as well as registered users whose account(s) has/have been inactive for the past 6 months.
    6. Please note that by posting, uploading or sending content on TheClassifyAds you represent and warrant to us that you have the right to do so and automatically grant to us a non-exclusive, royalty-free, perpetual, worldwide license to use such content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such content, whether in whole or in part and in any format or medium currently known or developed in the future).TheClassifyAds reserves the right to republish advertisement(s) on TheClassifyAds and on other websites owned by TheClassifyAds. We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you.
  4. ACCOUNTABILITY FOR ADVERTISING CONTENT AND TRUTHFULLY-SWORN STATEMENTS/INFORMATION
    1. The user is legally and solely responsible for the content of the advertisement(s) placed on the TheClassifyAds website. The user is obliged to provide complete, true and certified correct information about their person, contact details, business details (if applicable) and must provide sufficient descriptions in regard to the advertisement being placed. The user agrees to place their advertisement under the correct category within the website. TheClassifyAds reserves the right to move advertisements to a more appropriate category. The user is obliged to comply with the TheClassifyAds TOU and is expected to adhere to these terms when interacting with other TheClassifyAds users. The placement of duplicate/similar ads on the website is prohibited. Business owners offering items and services are obliged to inform consumers about consumer rights and the rights of withdrawal/cancellation, should this apply.
    2. The user is not allowed to post content on the TheClassifyAds website that breaches this agreement, applicable rights and/or third party rights.Prohibitions for the TheClassifyAds user include:
      • Violating the law or going against the Prohibited Policy.
      • Conducting business in a dishonest and/or deceptive manner. This includes coordinating or working with other sites or accounts conducting such business.
      • Spreading of deceitful information or manipulated media related to politics, social issues, or matters of public concern.
      • Violating the rights of the third party.
      • Spamming and posting chain letters.
      • Using virus(es) and other technical items that may cause damage to TheClassifyAds or the interest of the users of TheClassifyAds.
      • Causing excessive burden on the TheClassifyAds infrastructure and the smooth running operations of the TheClassifyAds website.
      • Copying, duplicating, modifying or distributing the content of other advertisements.
      • Collecting information from other users such as email addresses from the site itself, or from other users without the approval of the user.
      • Bypassing measures that serve to limit and/or prevent access to TheClassifyAds.
      • Sexual exploitation or abuse of persons.
      • Content that is abusive, libelous, defamatory, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender identity or sexual orientation or is otherwise objectionable in TheClassifyAds reasonable discretion.
    3. TheClassifyAds has the right to modify the fees for Premium Features due to spam posting behavior. Spam posting includes:Ads that:
      • Violate our Prohibited Policy.
      • Repeatedly use the same picture.
      • Do not contain at least 8 words.
      • Are posted in multiple cities.
      • Are posted more than once with the same or similar content (especially in short periods of time).
      • Are posted in large amounts (especially in short periods of time).
      • Are intentionally posted in the wrong category.
      • Are written in an unsupported language.

      Messages that:

      • Repeatedly use the same or similar content (especially if messages are copied/pasted in short periods of time).
    4. TheClassifyAds believes that two consenting adults are free to act as they wish, so long as they abide by the law. TheClassifyAds does not abide sexual abuse or exploitation in any form or sense whatsoever. Please be aware that TheClassifyAds answers requests from third parties, including law enforcement, where required and TheClassifyAdswill share information with relevant third parties if, in our view, there is evidence that may be relevant to an investigation.
    5. TheClassifyAds has the right to block, delete or freeze advertisements, accounts or memberships that are deemed to contain prohibited content (refer to 4.2). TheClassifyAds also has the right to warn the user and freeze their account for a certain period of time or permanently and to resign from the agreement/contract. In this process TheClassifyAds gives due respect to the legitimate interest of the user. Users’ claims, e.g. for reimbursement for already paid items/services will not be honored when the Prohibited Content Policy is breached.
  5. USING LOCANTO PERSONALS CATEGORIES
    Some of the material contained in the Personal and Adult categories on TheClassifyAds is of an adult nature and relates to adult entertainment services.
    By accessing the Personals and/or Adult categories, you confirm that:

    • You are at least 18 years old
    • You will only use the TheClassifyAds website for legal purposes
    • You are accessing the TheClassifyAds website from a country or state where it is not illegal to enter adult websites and/or view sexually explicit material
    • You are not offended by nudity, sexual imagery or adult sexual activity
    • You will not permit or allow any minor, or other person for whom it is illegal, to access this part of the TheClassifyAds site
    • You have read the Terms of Use, the Privacy Policy and the Prohibited Policy
    • You recognize that TheClassifyAds uses Cookies and you permit them to be stored on your computer.
  6. INDEMNIFICATION/EXEMPTIONS
    You agree to indemnify and hold TheClassifyAds, its parent or subsidiary companies and their affiliates, their respective directors, officers, employees and agents from any and all liabilities, claims and expenses, including reasonable legal fees, arising from breach of the Terms of Use, any other policy, your use or access of TheClassifyAds or any Internet site linked to or from TheClassifyAds, or in connection with the transmission of any Content on Locanto. You agree that questions and complaints received are your exclusive responsibility and you shall indemnify TheClassifyAds.
  7. DUES/FEES
    1. The usage of the TheClassifyAds website is essentially free of charge. However, TheClassifyAds reserves the right to charge fees for special services and site features as well as the publication of online advertisements under specific/certain categories on the site.
    2. Our paid features are intended solely for use by commercial advertisers.
    3. All fees shall be reflected and charged in the respective currency for each country. TheClassifyAds reserves the right to charge in other currencies for technical reasons.
    4. Each and every fee shall be due for immediate payment and shall be paid for/settled using the different methods of payment offered on the website. Costs that may arise from aborting the payment collection shall be shouldered by the user and not TheClassifyAds.
    5. The user shall be informed about new invoices via an email that provides a link to the user’s “My TheClassifyAds” account. The invoice(s) can then be downloaded from this page. TheClassifyAds ensures the protection of the user by sending these emails only to the registered email address on TheClassifyAds.
    6. In the event of delayed payments for these services, TheClassifyAds reserves the right to suspend the execution of the said service(s) and restrict the access of the user until the amount due has been paid.
    7. TheClassifyAds reserves the right to change/modify the conditions and the pricing associated with paid features without prior notice.
  8. ADVERTISEMENTS WITH PREMIUM FEATURES
    TheClassifyAds users may purchase premium features for their advertisements. Should the user choose to delete the advertisement before the purchased time frame has lapsed, this revokes the right of the user to retain or reuse the rest of the “unused” purchased time. TheClassifyAds does not reimburse the user for any portion of a discounted premium feature/service.
  9. PREMIUM ACCOUNTS
    In addition to the free TheClassifyAds account, users have the option to purchase a Premium Account and select from multiple plan durations.
    Upon the deletion of an account before its selected duration has passed, the remainder of the Premium Account’s duration is forfeited. The price of the already paid Premium Account will not be reimbursed.
  10. AUTOMATIC RENEWAL
    If the user opts for the automatic renewal of the Premium Features or the Premium/VIP Accounts purchased, the duration will automatically renew according to the originally selected duration. Promotions, such as free added months to the duration by purchasing within a particular period of time, are not carried over upon automatic renewal.
  11. USING WALLET
    1. All funds uploaded to a user’s Wallet shall be non-refundable.
    2. Any funds remaining in a user’s Wallet 90 or more days after the last purchase or transaction shall become inactive. Users can reactivate these funds by clicking on the “Activate my balance” button on the “My Wallet” page.
    3. Upon funds becoming inactive, users shall have 365 days to reactivate the funds, after which the inactive funds shall expire. The user shall not be able to use or access those funds once they have expired. TheClassifyAds informs users about expiring funds in Wallet prior to the date of expiration via email notification.
    4. TheClassifyAds reserves the right to change/modify the conditions associated with Wallet without prior notice.
  12. MODIFICATION OF ADVERTISEMENT CONTENT
    1. The TheClassifyAds user may at any time modify or delete their advertisement.
    2. The TheClassifyAds user has the right to demand the removal or deletion of the user’s own ads from the website. TheClassifyAds shall be ready to comply with this request immediately. However due to technical reasons, this usually takes a period of up to 24 hours.
  13. DATA PROTECTION
    1. Under law you have the right to access, modify, rectify and delete data concerning you. If you wish to remove yourself completely from TheClassifyAds please contact us here.
    2. Do not engage in any activities that could lead to violations of privacy, destruction of data, or disruption or degradation of our services.
    3. Any form of malicious activity or actions that could potentially harm our applications, systems, or infrastructure is strictly prohibited.
  14. LIABILITY LIMITATIONS
    1. The user agrees not to hold TheClassifyAds responsible for things other users post or do. As most of the content on TheClassifyAds comes from other users, TheClassifyAds does not guarantee the accuracy of postings, user communications or the quality, safety, or legality of what’s offered. Continuous or secure access to TheClassifyAds services cannot be guaranteed. To the extent legally permitted TheClassifyAds expressly disclaims all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. TheClassifyAds is not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising from the usage of the TheClassifyAds website, even if TheClassifyAds has been advised or could have reasonably foreseen the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to the user.
    2. Despite the previous paragraph, if TheClassifyAds is found to be liable, the liability to the user or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees the user paid to TheClassifyAds in the 12 months prior to the action giving rise to liability, or (b) 100 Euros.
  15. MISCELLANEOUS
    1. The transfer of rights and obligations of TheClassifyAds users to third parties requires the approval of TheClassifyAds.
    2. The disclosure of login details and passwords to third parties, including TheClassifyAds users, is prohibited.
    3. If the customer/user is a merchant or a legal entity of public law or constitutes special funding under public law, the place of jurisdiction is agreed upon to be in USA.
    4. TheClassifyAds may update the Terms from time to time so please review the relevant pages regularly. Should you object to any term or condition, guideline, or subsequent changes made to www.TheClassifyAds.com, then we recommend the immediate disuse of TheClassifyAds.
    5. The legal relationship between TheClassifyAds and the TheClassifyAds user is subject to the rights of the Federal Republic of USA to the/with the exclusion of the UN consumer rights (CISG) and conflicts to the provisions of German rights.

Questions, remarks and complaints may be sent to us through our contact form.