Terms of Use

1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS

Mody, Inc. welcomes you to its website, www.JoysList.com ("JoysList"). We provide an online classified ad service (the "Service") subject to the following Terms of Use (the "Terms"). The Terms may be updated by us from time to time without notice to you. By using the Service in any way, you are agreeing to comply with these Terms. You can review the most current version of the Terms at any time at: here. In addition, when using particular services provided by Mody, Inc. on JoysList, you and Mody, Inc. shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. Mody, Inc. may also offer other services that are governed by different Terms of Service.

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. Mody, Inc. is concerned about the safety and privacy of all its users, particularly children. Therefore, if you are under 18, you may use JoysList only in conjunction with and under the supervision of your parents or guardians.

2. MEMBER ACCOUNTS

You may browse classified ads on our site without opening a Member Account. If you would like to post a classified ad on our site, you will need to open a Member Account.

When you open a Member Account, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Mody, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Mody, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Mody, Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Mody, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.

By opening a Member Account, you agree that the Service may include certain communications from Mody, Inc., such as service announcements or special offers, and that these communications are considered part of Mody, Inc. membership, and you will not be able to opt out of receiving them unless you de-activate your membership

3. MODY, INC. PRIVACY POLICY

Mody, Inc. has established a Privacy Policy to explain to users how their information is collected and used, located at: here. You understand that through your use of the Service you consent to the collection and use of this information as set forth in the Privacy Policy, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Mody, Inc.

4. CONTENT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Mody, Inc., are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Mody, Inc. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Mody, Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service.

You agree to not use the Service to upload, post, email, transmit, or otherwise make available Content:

(a) That is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

(b) That harms minors in any way;

(c) That is false, deceptive, misleading, deceitful, miss-informative, or constitutes "bait and switch";

(d) That impersonates any person or entity, including, but not limited to, a Mody, Inc. employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;

(e) That forges headers or otherwise manipulates identifiers or uses misleading email addresses in order to disguise the origin of any content transmitted through the Service;

(f) That you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements);

(g) That infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;

(h) That constitutes or contains any form of advertising or solicitation if (1) posted in areas of the JoysList site(s) which are not designated for such purposes, or (2) emailed to Joys List users who have requested not to be contacted about other services, products, or commercial interests;

(i) That constitutes "junk mail," "spam," "chain letters," "pyramid schemes," or any other unauthorized solicitation (please read our complete Spam Policy below)

(j) That contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

(k) That disrupts the normal flow of dialogue with an excessive number of messages to the Service, or to take any actions that otherwise negatively affects other users' ability to use the Service or that affects the performance or functionality of the Service;

(l) That interferes with or disrupts the Service or servers or networks connected to the Service, or disobeys any requirements, procedures, policies, or regulations of networks connected to the Service;

(m) That intentionally or unintentionally violates any applicable local, state, national, or international law;

(n) That advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law;

(o) That "stalks" or otherwise harasses another; and/or

(p) That collects or stores personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (o) above.

You acknowledge that Mody, Inc. may or may not pre-screen Content, but that Mody, Inc. and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Mody, Inc. and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Mody, Inc. or submitted to JoysList, including without limitation information in the classified ads on JoysList, and in all other parts of the Service.

You acknowledge, consent, and agree that Mody, Inc. may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Mody, Inc., its users, and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

5. REFUNDS

You understand and agree that any payments made to Mody, Inc. for your use of the Service are non-refundable, and that all purchases are final. In the event that your Member Account is terminated for any reason, you will not be entitled to any refund or compensation. In the event that Content you post is refused or removed in accordance with these Terms prior to the expiration of your listing, you will not be entitled to any refund or compensation with respect to that listing, including but not limited to any refund or compensation for listing time lost due to the suspension. While we have chosen one of the best hosting companies [click to see details] to host our website on a dedicated server; in the unfortunate event the server is shut down for maintenance or due to any other unforeseen circumstances you will not be entitled to any refund or compensation with respect to that listing or listings, including but not limited to any refund in part or full or compensation for listing time lost.

6. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to email addresses posted on JoysList is expressly prohibited by these Terms, and that such actions on your part may constitute violations of certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.)

7. INDEMNITY

You agree to indemnify and hold Mody, Inc., and its directors, officers, subsidiaries, affiliates, agents, successors, assigns, service providers, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service or through transactions you initiate by contacting other users of the service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.

8. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Mody, Inc. may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that classified ad postings or other uploaded Content will be retained by the Service, the maximum size of any classified ad or other Content that may be posted on the Service, the maximum disk space that will be allotted on Mody, Inc.'s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Mody, Inc. has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You further acknowledge that Mody, Inc. reserves the right to modify these general practices and limits from time to time.

9. MODIFICATIONS TO SERVICE

Mody, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Mody, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

10. TERMINATION

You agree that Mody, Inc. may, under certain circumstances and without prior notice, immediately terminate your Mody, Inc. Member Account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you to de-activate your account, (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) non-payment of any fees owed by you in connection with the Services.

Termination of your Mody, Inc. account includes (a) removal of access to all Member areas of JoysList; (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Mody, Inc.'s sole discretion and that Mody, Inc. shall not be liable to you or any third party for any termination of your account or access to the Service.

11. DEALINGS WITH OTHER INDIVIDUALS OR ORGANIZATIONS

Your correspondence, business dealings with, or other interactions with individuals and/or organizations found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such individuals and/or organizations. You agree that Mody, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such other individuals and/or organizations on the Service. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Mody, Inc. is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Mody, Inc., and its directors, officers, subsidiaries, affiliates, agents, successors, assigns, service providers, suppliers, and employees from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

12. LINKS

The Service may provide, or third parties may provide, links to other web sites or resources. Because Mody, Inc. has no control over such sites and resources, you acknowledge and agree that Mody, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Mody, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.

13. MODY, INC.'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected to the maximum extent by applicable intellectual property and other laws or treaties, including without limitation international conventions. You further acknowledge that Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions. Any reproduction, modification, creation of derivative works from, or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Mody, Inc. You further agree not to reproduce, duplicate, or copy Content from the Service without the express written consent of Mody, Inc., and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of the Service. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Mody, Inc. for use in accessing the Service.

Although Mody, Inc. does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Mody, Inc. an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Mody, Inc. all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MODY, INC. EXPRESSLY DISCLAIMS (1) ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (2) ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE JOYSLIST SITE AND THE SERVICE; (3) ANY WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (4) ANY WARRANTIES FOR OTHER SERVICES, GOODS, PRODUCTS, OR OTHER MATERIAL ADVERTISED ON THE JOYSLIST SITE OR ACCESSED THROUGH ANY LINKS ON THE JOYSLIST SITE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER FINANCIAL LOSS OR LOSS OF ANY KIND THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MODY, INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

15. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MODY, INC. SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MODY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE JOYSLIST SITE OR THE SERVICE, INCLUDING: (i) THE USE, MISUSE, OR THE INABILITY TO USE THE SERVICE; (ii) OTHER SERVICES, GOODS, PRODUCTS, OR OTHER MATERIAL RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE JOYSLIST SITE; (iii) INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE JOYSLIST SITE OR THE SERVICE OR ANY LINKS ON THE JOYSLIST SITE; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (vi) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

16. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

17. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this Agreement.

18. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

19. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY 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 provide Mody, Inc.'s agent for notice of claims of copyright or other intellectual property infringement ("Copyright Agent") the following information:

(a) A description of the copyrighted work or other intellectual property that you claim has been infringed;

(b) A description of where the material that you claim is infringing is located on the site;

(c) 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;

(d) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf;

(e) Your address, telephone number, and email address; and

(f) Your electronic or physical signature.

Mody, Inc.'s Copyright Agent can be reached as follows:

C/o Mody, Inc.

1517 TROSPER ROAD,

GREENSBORO, NC 27455-1211

EMAIL: copyright-agent@JoysList.Com

ONLINE FEEDBACK: www.JoysList.Com

20. GENERAL INFORMATION

(a) Entire Agreement. The Terms constitutes the entire agreement between you and Mody, Inc. and governs your use of the Service, superseding any prior agreements between you and Mody, Inc. with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Mody, Inc. services, affiliate services, third-party content, or third-party software.

(b) Choice of Law and Forum. The Terms and the relationship between you and Mody, Inc. shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You and Mody, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Greensboro, North Carolina.

(c) Waiver and Severability of Terms. The failure of Mody, Inc. to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

(d) No Right of Survivorship and Non-Transferability. You agree that your Mody, Inc. account is non-transferable and any right to your Mody, Inc. I.D. terminates upon your death.

(e) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

(f) Headings. The section titles in the Terms are for convenience only and have no legal or contractual effect.

21. VIOLATIONS

Please report any violations of the Terms to us at [violation@JoysList.Com]