KESSESPAGE TERMS & AGREEMENT:

 

Kessespage is proud to provide you excellent services and a unique experience on our website, but If for any reason you are not satisfied with our terms and agreement specified below, please do not access or use our services. By accessing and using all the services/ features provided on this web site, you are agreeing to be bound by the Terms and Conditions specified here including all applicable laws and regulations, and you also agree that you are responsible for compliance with any applicable local law under which Kessespage is governed. If you do not agree with any of these terms specified below, you must not access or use any services provided by Kessespage. All materials or contents contained in this website cannot be used without the expressed written consent of kessespage. Any claim against Kessespage web site shall be governed by the laws of the State of New Jersey. As users use the services on our website and as we come across various problems, there will be the need to modify our TOU. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Any modification made to this TOU will take effect immediately after the change has been posted. You must review this agreement frequently to keep yourself updated of any changes. 

 

DEFINITIONS:

Kessespage --- Website providing services to all users.

Website--- Kessespage

Our /we-- Kessespage

Ads-- advertisement or listings

TOU -- Terms of Use or Terms of Agreement

User(s)/ Author/ You-- Any member or visitor to our website such as buyers and sellers, forum users and any visitor navigating our website.

Service--- All services provided by Kessespage website including ad listing, Live Market rooms, forum post etc.

Modules/ Widgets-- External services integrated into the website. Examples are Forum World and Live Market room on Kessespage

Content(s)/ Material-- All materials, text, data, files, images found on the Kessespage website.

 

[A] INTRO:

Kessespage is a classified ad website that provides several listing services, tools and features to our users. These include ads, forums, live market and various other features that enhances listing experience and interaction among users. We do not provide any form of dating services or tools for sex trade and prostitution. If for this reason you decide not to use our services, you a free to use other websites that has such services. In addition various web browsers read html and css differently at times. It is possible some contents on Kessespage may not show very well on some web browsers. We highly recommend Opera, Internet Explorer, and Chrome since these browsers have proven their compatibility with Kessespage, but you are not restricted to these 3 only.When using any particular service here, you are to abide by any specified TOU which may change every now and then. Should you refuse to accept any term or condition of the TOU, any guidelines, or any subsequent changes thereto or become dissatisfied with Kessespage in any way, you have the option to immediately end the use of our services. Kessespage has the right, but is not obligated, to enforce the terms below through community help, intensive investigation, litigation and prosecution to the fullest extent of the law. 

 

NOTE: You must be 18 years or older to use our services.

 

[B] AGREEMENT ON CONTENT -- THIRD PARTIES LINKS AND CONTENTS: 

By using this website, you have agreed not to post any offensive and objectionable file, text, or messages on this website. Such offensive files include pornographic materials of any kind, vulgar materials, human or animal cruelty photos, naked or half naked pictures and the like. Users agree not to threaten or harass other users or use any discriminatory, racist, indecent, offensive, degrading, misleading comments, ads, files or materials anywhere on this website and also on widgets integrated in this website. While we do provide various file upload options to our users, you the user 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. Thus, you are entirely responsible for each individual item(s)of content that you post, transmit/ email or otherwise make available via our service. Kessespage makes an effort to make its website a safe and morally clean place for users by monitoring and getting rid of violators, but we cannot gurantee that all users will abide by our agreement every time. You understand that Kessespage may not be able to continuously pre-screen or control every single content posted /uploaded on the website due to the ratio of the heavy volume of users that may access our services to the limited number of moderators who monitor the website.There is likely a chance you might be exposed to contents that are offensive, indecent, inaccurate, misleading, or otherwise objectionable. To the fullest extent of the law, Kessespage will not be held responsible for any inappropriate or offensive material neither will we be held responsible for contents posted on our website that are untruthful or inauthentic. All contents on Kessespage are on an "as is" basis and users are responsible for checking the validity of all content(s) posted/uploaded on the website before engaging with the user from whom the post/upload originated. Furthermore, Kessespage will likely contain links to other websites, which are completely independent and different from Kessespage. Kessespage cannot support or approve the safety, accuracy, completeness or authenticity of contents or information found on any third-party website with links on Kessespage. Clicking on links within Kessespage to other websites is at your own risk. You agree not to hold Kessespage, it's owner, employees and all its associates/ affiliates liable for any form of hurt, loss or damage [this includes unknown, suspected, unsuspected, disclosed, undisclosed and future unknown harm], emotional or physical pain sustained by using any service on Kessespage or by clicking and using services from third-party websites which had and still have links on Kessespage. You agree that Kessespage, it's owner, employees and associates shall not be required to get involved in any form with your dispute with such third- party website or entity. To the fullest extent of the law, Kessespage will not be held liable for any form of virus attack on users' computers, phones, pda(s) or other gadgets in connection to visiting and using Kessespage or links to any third- party websites. You agree that you will evaluate, and bear all risks associated with the use of any content on this website. You also agree that under no circumstances will Kessespage be liable in any way for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, emailed or made available via Kessespage. Lastly, you acknowledge that Kessespage shall have the sole right to refuse, ban,delete or move any content if a user violates our terms and agreement. In addition, you agree that Kessespage has the sole discretion to approve or reject all contents posted on our website. You also agree that Kessespage has the right to ban any user(s) who violates any language/terms within this TOU in any way. 

 

[C] AGREEMENT ON NOTIFICATION OF CLAIMS OF INFRINGEMENT:

By using Kessespage, you agree not to mislead or deceive other users of Kessespage by faking your identify and using other users' profiles and materials as your own without consent from the respective registered owners of that information. You also agree not to copy any other users' material that is protected by copyright. If you have any reason to believe that your right has been violated or your material is being used by other users without your consent, please contact Kessespage at: abuse@kessespage.com  or through out contact page. In your complaint please provide us with enough information on the user you believe is infringing on your contents or property. Information should include an as -is URL link to the page of the material, the ID and username of the offending user, date posted, photo of the item and text description. Add  your address, telephone number, and email address so we can correspond with you without any difficulty. Kessespage will see to it that we investigate and take proper action against any violator. You agree that Kessespage will not be held liable for the actions of violators who use your material without your consent. Users also agree to allow Kessespage use time as needed to handle such cases.

 

 

[D] AGREEMENT ON INFORMATION PRIVACY AND DISCLOSURE:

Kessespage takes the privacy of our users very seriously. This has led us to the establish a Privacy Policy to explain to our users about information on how user information you provide us is collected and used. Your use of the Kessespage's service legally shows your acknowledgement of and agreement to our Privacy Policy. 

 

• Kesseapge will not share your information with third parties for marketing purposes. Like you we believe that's a "no -no".
• Kessespage does not send you unsolicited materials simply for marketing purposes. 
• Your user account information is always password-protected, nevertheless, it is your responsiblilty to keep your password(s) safe. 
• Forums and the Live Market chat room use basic webserver authentication. You have the option to always log out once you are done posting and reading.
• Kessespage will not knowingly collect any information from users under the age of 18. If we are privy to any posting from users under the age of 18, Kessespage will remove that post. All users must be 18 year or older to use all the services provided by Kessespage.
• Users who post on Kessespage, may post links to third party websites as a way of promoting their services or products. Such third-party websites may have different privacy practices. We are not responsible for, neither do we have any control over, the privacy policies of such third party websites. Users are responsible for reading the privacy policies of each and every website they visit as a result of a link posted on Kessespage. 
• We may take your email address for purposes such as sending confirmation emails, authenticating user accounts, notifying you of soon to expire listings, forums registration confirmation, etc. 
• Information such as social security numbers, full names, birthdays, family names, phone numbers and permanent or non-permanent residential addresses are not mandatory or required when listing an item on Kessespage or when joining our Live Market and Forum section. We also do not endorse providing such sensitive information to other users. You are absolutely responsible in determining through your own sober judgment whether or not to release such sensitive information. If you decide to reveal such information to other users, you do so at their own discretion or risk. Therefore all users of Kessespage's services agree Kessespage will not be held responsible for any loss, death, harm, or injury of any kind that will result as a result of users providing such sensitive information described above on this website.
• Kessespage does not store credit card information. All payments processes are directed to and are handled by Paypal which is independent of Kessespage. Paypal provides Secure Sockets Layer (SSL) technology for all transaction. While Paypal is known to have one of the best online financial security system in the world, Kessespage cannot guarantee Paypal's security technology. Users who use Paypal as a payment method should do so at their own discretion. You the user must make the final decision to either pay through Paypal or decline the use of this service. You do not need a Paypal account to make purchases on Kessespage. Paypal accepts all types of credits cards. If for any reason, you do not agree to the use of Paypal as a payment gateway, then you also agree not to buy any ad enhancement features provided by Kessespage. You may list your ad for FREE if you choose to.
• We may collect personal information if you voluntarily provide it in feedback or comments, post it on our classifieds or interactive forums, or if you willingly provide it to us directly. You agree not to post or upload any personal information anywhere on Kessespage that you believe to be private. We cannot gurantee its safety. 
• Our web logs collect standard web log entries for each page served, including your IP address, page URL, and timestamp. Web logs help us to diagnose problems with our server, easily pin down violators and unscrupulous users and also helps us to provide better services to you. 
• All classified and forum postings are stored in our database for some time, even after "deletion," and may be archived elsewhere. It is your responsibility not to post any comment, material, file or personal messages, story or information you do not want to have archived or seen by others on Kessespage. You understand that Kessespage uses Search Engine Optimization technology and information you provide on Kessespage such as forum comments and listings may be data mined anywhere on the internet and revealed through search engines like Google, Bing, Yahoo and the like. Kessespage cannot be held responsible for any form of damage or loss, death or hurt [either past, unknown, known, suspected, unsuspected or future] that a user may sustain as a result of posting information on Kessespage.
• Our web logs and other records may be stored indefinitely. 
• Registered job posters can access and update their account information through the account homepage. 
• Although we make good faith efforts to store the information in a secure operating environment that is not available to the public, we cannot guarantee complete non-penetrable security. 
• Kessespage may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. 
• All users must agree in the event that Kessespage sees the need to store data provided on international servers.

 

[G] AGREEMENT ON USER PROTOCOL AND BEHAVIOR:  

 

By using services provided by Kessepage, you agree not to transmit, submit, upload, post, email, or make available any form of content:

 

• that is false, misleading, deceptive, deceitful or involves [bait and switch];
• that promotes violence, threat or terrorism against any other human, animal or against a country or government; 
• that is abusive, unlawful, harmful, threatening, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; 
• that stalk or harass other users or individuals elsewhere;
• that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (1) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (2) bestiality, or (3) masturbation, or (4) sadistic or masochistic abuse, or (5) lascivious exhibition of the genitals or pubic area of any person; 
• that contains adult pornography or that offer solicitation of adult pornography;
• that contains child pornography or that offer solicitation of child pornography;
• that contains stolen property or any property with missing serial numbers or burglary equipments;
• that harasses, discriminates, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; 
• that violates the Fair Housing Act by stating, in ads that contain notice or sale or rental of homes, apartments, rooms and the like. Users who post such ads agree not to discriminate on basis of race, color, national origin, religion, sex, familial status or handicap.
• that violates federal, state, or local equal employment opportunity laws existing in the users country or state, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
• that promotes child labor, abuse or sex trades and prostitution within the user's country or state.
• that impersonates any person or entity, including, but not limited to, a Kessespage employee, or falsely states your affiliation with a person or entity.
• that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content of other users.
• that contains pyramid schemes, junk mail, affiliate marketing, link referral code,junk mail,spam,chain letters, unsolicited commercial advertisement and the like; 
• that contains any form of advertising or solicitation posted in areas of the Kessespage sites which are not crested for such purposes or emailed to Kessepage users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. 
• that promotes false propaganda such as faking the death of others and the like;
• that lists or post any illegal service or the sale of any items which is prohibited or restricted by any applicable law in the country or state in which you reside. Users must research what products or services are forbidden by their country or state of origin. Bellow are list of items users must agree not to post on Kessespage. If for any reason you do not agree on anyone of these, please do not use our service. FORBIDDEN ITEMS OR SERVICES NOT TO BE POSTED OR SOLD HERE INCLUDE: [1] Non-packaged food items or adulterated food. [2] sale of personal information of others such as social security numbers, bank account numbers and the like [3] False identification materials such as passport, police badges, birth certificates and the like [4] Bomb making materials, fire arms, scopes, switchblade knives, ammunition, BB guns, tear gas, stun guns, assault weapons of any kind whether disguised and undetectable, and any other destructive devices or materials [5] used or remodeled battery with mercury content [6] Illegal and forbidden telecommunication equipments such as illegal cable boxes, access cards, vehicle master keys and the like.[7] All forms of gambling items such as lottery tickets and the like [8] Unauthorized sale of coupons or gift cards or non-transferable airline tickets [9] Counterfeit goods including counterfeit money or currency, coins or stamps of any country [10] Any dead body or body parts of a human being or animals [11] Any living human, sex or child trafficking [12] Materials containing seriously toxic substances that can gravely endanger the lives of human,animals and plants. [13] Contaminated or unsafe toys [14] Any form of animal or any form of pets of the household including dogs, cats, reptiles and the like. [15] Sale of any form of prescription drug or controlled substances [16] All types of illegal drugs such as cocaine, heroine, narcotics. [If a drug/ plant is deemed illegal in any state or country it not to be sold here on Kessespage regardless of your country of origin. [17] Any illegal drug/ substance paraphernalia such as needles and substances that processes illegal drugs. [18] Items not properly disposed by the United States Armed Forces based on the rules of the Department of Defense demilitarization. 
• that contains classified military or government secrets/ documents of any country.
• that contains software viruses or any other computer code, files or programs designed to interfere, interrupt, damage, destroy or limit the functionality of any contents of Kessespage, computer software or hardware or telecommunications equipment;  
• that attempts to hack, steal or drain information of Kessespage users for any reason or purpose [either for fun or for unlawful purpose];
• that disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the service, or that adversely affects other users' ability to use the service;
• that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the service.
• that use any form of automated device or computer program that enables the submission of postings/ listings  on kessespage without users posting each listing by themselves.
• that generates bulk or excessive data overload on Kessespage which might cause stress on Kessespage's server. 

 

[H] AGREEMENT ON AD POSTING AGENTS:      

An Ad Posting Agent is usually considered as a business, third-party agent, service, or intermediary that offers to to list your ads on your behalf instead of you having to do it manually. Due to the huge number of users who benefits from our services, we must make sure that we have the capacity to handle the needed traffic flow to our website. For this reason you the user agrees not to use a Posting Agent to post your ads on Kessespage without express written consent or license from Kessepage. On the other hand, Posting Agents are prohibited from posting materials or contents on behalf of others. except with express written consent or license from Kessespage.

 

[J] AGREEMENT ON PAID POSTINGS: 

Almost all ad postings including Live Market activities on Kessespage are totally FREE of charge. However, users willing to give their ads enhanced recognition or better placement will be pay just a small fee. The highest fee on any ad enhancement is not more than $2.50. This fee is subject to change based on market condition. All users posting content on Kessespage is responsible for all content of respective authors and compliance with the TOU. All fees paid will be non-refundable in the event that content is removed from Kessespage for violating the TOU. 

 

[K] AGREEMENT ON LIMITATIONS ON SERVICE: 

All users agree that Kessespage may place limits concerning use of the service. Limits includes the maximum number of days that content will be displayed live on Kessespage, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by Kessespage, and lastly the  level of frequency with which you may access the service. While we aim to avoid any loss of data, we cannot guarantee the perfect function of kessespage and its servers. You agree that Kessespage will not be responsible or held liable by any user for the deletion or failure to store any content managed, transmitted, or stored in our database. You also acknowledge that Kessespage maintains the right at any time to modify or discontinue the service (or any part thereof) with or without notice. In addition, Kessespage shall not be liable to you or to any third party for any modification,  change, suspension or discontinuance of our service. You the user agrees that all expired listing on Kessespage may be void of all file uploads which may also not be retrievable. If the user intends to renew the listing, files must be uploaded again to the website. All users of Kessespage aslo acknowledge that in the event that Kessepage loses all data in its data base (excludes financial data) based on situation beyond its control, users will not hold Kesspage liable for any form of loss or damage known or unknown. Users agree that Kessepage will not be liable for consequences of any sudden breakdown in our services or the inability to use our services due to internet breakdown or breakdown of the website. In addition, Kessespage will not be liable for any direct or indirect injury, inconvinience, consequences, harm, damage, death, emotional or property loss that may occur to as a result of using Kessespage's services. Lastly, all users agree that Kessespage has the right to halt all services being provided for site maintenance if need be.

 

[M] AGREEMENT ON TERMINATION OF SERVICE:

You agree that Kessespage has the right and sole discretion to suspend, halt, delete or deactivate your account, block your email or IP address, or otherwise terminate your access to any part of our services, immediately and without notice, and remove and discard any content within the service, for any reason deemed necessary if Kessepage believes that you have acted inconsistently with its TOU. Further, you agree that Kessespage shall not be liable to you or any third-party for any suspension of your access to the service.

 

[N] AGREEMENT OF PROPRIETARY RIGHT: 

Contents of Kessespage cannot be used without express written consent from Kessespage. Any reselling, modification, reproduction, creation of derivative works of contents on this website is not allowed. You further agree not to reproduce, duplicate or copy content from Kessespage without the express written consent of Kessepage. You agree not to disassemble, reverse engineer or attempt to discover any source code contained on Kessespage. If for any reason you disagree to this, you may avoid using our services. Kessespage.com is a registered domain name.You agree to abide by any and all copyright notices displayed on Kessespage. 

[P] AGREEMENT ON INDEMNIFICATION: 

You agree to indemnify and not to hold Kessespage, its workers, subsidiaries, affiliates, successors, owners, service providers, and suppliers, liable from any claim or demand, including any form of attorney fees and court costs.

 

[Q] LIVE MARKET TERMS AND AGREEMENT: 

The Live Market is free for all users. By using this service, users agree that a buyer is not obligated to buy an item from a seller; neither is a seller obligated to sell an item to a buyer. Selling and buying are done through mutual consent. Kessespage will not referee, manage, or supervise any transactions that take place among all users in the room. You also acknowledge that Live Market room was designed specifically for classified ad buyers and sellers only and it is not to be used for anything else other than buying and selling legal and permitted products and services. Dating, flirting, online sexual activitites of any kind is not perimitted in the market room. Users agree not to post ,racist, hateful, derogatory, hurtful, vicious or threatening comments in the chat room. You also agree not to communicate terrorist plots against any person, country, institution or organization. You agree that in the event you decide to violate the rule of the market room, you will be banned indefinately. It is the responsibility of all users of the market room to pre-screen every comment made in the chat room. Logs of all comments may be furnished to law enforcement agencies for investigation purposes if the need arises. However, private conversations that take place between a buyer and a seller within the private message chat window will not be logged or monitored. Users agree not to hold Kessespage liable for any direct or indirect harm, emotional or physical loss, death, and injury of any kind that may occur as a result of using the Live Market chat room.

 

[R] REFUND POLICY:

Users have the option of using all of Kessespage's services for free. However, users interested in giving their listing better placement and visibility will be charged a low standard fee regardless of the duration of the ad. Kessepage will provide users full refund within 2 days of listing. After 2 days from the date and time of listing, no refund will be provided. Users are responsible to contact Kessepage for intent to request for refund. By not contacting Kessespage 2 days after the post, Kessespage asumes that no refund is necessary. All refunds will be provided electronically through Paypal. As such the refund process is subject to as much time as the electronic process allows. Kessepage currently accepts payments and disburses refunds only through Paypal. 

 

[S] AGREEMENT ON GOOGLE MAP USAGE:

All users who use Google map on Kessespage agree not to hold Kessespage to any form of direct or indirect loss, harm, damage, death, hurt that may result as a result of an error found on Google map. Management and update of the contents of the map is strictly done by Google. Any error found on the map is not the responsibility of Kessespage. Users agree to verify and cross-check mapping information provided on the Google map feature found on Kessespage.

 

TOU last updated on August 14, 2010.