If you do not accept and agree to all provisions of the TOU, you may reject the TOU by immediately terminating all access and use of WNCM, in which case any continuing access or use of WNCM is unauthorized.
You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on WNCM.
WNCM is intended and designed for users 18 years of age and older. Access or use by anyone younger is not authorized.
If you agree to the TOU and (1) are of sufficient age and capacity to use WNCM and be bound by the TOU, or (2) use WNCM 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 WNCM in compliance with the TOU; unlicensed use is unauthorized.
WNCM has the right in its sole discretion to limit, modify, interrupt, suspend or cancel all or any portions of WNCM at any time without notice. WNCM and WNCM Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or cancelations, or any purported losses, harm or damages arising from or related thereto.
WNCM does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.
You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.
Content prohibited from WNCM includes but is not limited to: illegal content, offers, solicitation, or facilitation of illegal prostitution and/or sex trafficking, exploitation or endangerment of minors; child pornography, recalled items; hazardous materials; body parts/fluids; unsanitized bedding/clothing, prescription drugs, controlled substances and related items, endangered, imperiled and/or protected species and any parts thereof, false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam, offensive, obscene, defamatory, threatening, or malicious postings or email, anyone’s personal, identifying, confidential or proprietary information, food stamps, WIC vouchers, SNAP or WIC goods, governmental assistance, stolen property, US military items not demilitarized in accord with Defense Department policy property with serial number removed/altered, burglary tools, etc, ID cards, licenses, police insignia, government documents, birth certificates, etc, counterfeit, replica, or pirated items; tickets or gift cards that restrict transfer, lottery or raffle tickets, sweepstakes entries, slot machines, gambling items, postings offering, promoting, or linking to unsolicited products or services, and any good, service, or content that violates the law or legal rights of others, spam; miscategorized, overposted, cross-posted, or nonlocal content.
You agree not to copy/collect WNCM 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 WNCM’s policies or rules referenced above. You agree not to abuse WNCM’s flagging or reporting processes.
You agree not to collect WNCM user information or interfere with WNCM. You agree we may moderate WNCM 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.
You agree to indemnify and hold WNCM and WNCM Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to WNCM, and related to or arising out of any conduct or activities on, through or by use of your WNCM account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by WNCM or WNCM Representatives.
Where a WNCM category provides specific subcategories for posts by particular types of users (e.g., car sales "by-owners" versus "by-dealers," and real estate for sale "by-owner" versus "by-broker"), a user may post content only in the single user sub-category most accurate for that user. In particular, no user acting as a broker, agent or dealer may post in any by-owner category.
Users may not circumvent any technological measure implemented by WNCM to restrict the manner in which content may be posted on WNCM or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent WNCM accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content "spinning."
It is expressly prohibited for any third party to post content to WNCM on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.
It is expressly prohibited to post content to WNCM using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to WNCM for each instance of access to WNCM (by any user or other third party) using that automated means.
Affiliate marketing is expressly prohibited on WNCM. Users may not post content or communicate with any WNCM user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.
A user may maintain and use no more than one account, including a telephone or phone-verified account ("PVA"), to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the TOU.
If you access WNCM or copy, display, distribute, perform or create derivative works from WNCM webpages or other WNCM intellectual property in violation of the TOU or for purposes inconsistent with the TOU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on WNCM or any provision of the TOU that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of WNCM webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are "technological measures" that effectively control access to copyright-protected components and rights of WNCM pursuant to 17 U.S.C. § 1201.
Any effort to decompile, disassemble or reverse engineer all or any part of WNCM in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.
WNCM and WNCM Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
You agree to indemnify and hold WNCM and WNCM Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys' fees and costs incurred by WNCM or WNCM Representatives.
You authorize WNCM to charge your account for WNCM fees in paid areas of the site. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.
To the full extent permitted by law, WNCM, and its officers, directors, employees, agents, licensors, affiliates, (1) make no promises, warranties, or representations as to WNCM, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide WNCM on an "AS IS" and "AS AVAILABLE" basis and any risk of using WNCM 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 (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with WNCM.
Users complying with prior written licenses may access WNCM until authorization is terminated. Otherwise this is the exclusive and entire agreement between us and you, and our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it.