Advertising

KAANGO TERMS OF USE

THANK YOU FOR USING KAANGO. By accessing our servers, websites, or content therefrom (together, "KAANGO"), you agree to these Terms of Use, last updated September 30, 2013.

APPLICATION. This describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of this website and www.kaango.com (collectively the "KAANGO"). If you object to the terms and conditions, please refrain from using our services because this agreement is a waiver of any and all right to sue us for damages incurred as a result of your use of KAANGO.

LICENSE. If you are 18 or older, we grant you a limited, revocable, nonexclousive, nonassignable, nonsublicensable license to access KAANGO in compliance with the TERMS OF USE; unlicensed access is unauthorized. Users of KAANGO are herein “Eligible User”. You agree not to license, distribute, make derivative works, display, host, sell, or "frame" content from KAANGO, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.

USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with KAANGO, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users' personal and/or contact information ("PI").

MODERATION. You agree we may moderate KAANGO access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not. All site rules, e.g. Prohibited Items, are incorporated herein.

SALES. Eligible Users may browse the pages and listing on KAANGO at no charge. Eligible Users who wish to place ads through KAANGO are subject to the fees when placing an ad on the domains and sub-domains including this website and www.kaango.com You authorize us to charge your credit card for any fees set forth in the ad placement process by Kaango or Kaango’s clients. Unless noted, fees are in US dollars; tax may be additional or included as dictated by local jurisdictions and type of advertisement. To the extent permitted by law, fees are nonrefundable, even for posts we remove. See REFUND POLICY below for more detail. We may refuse purchases, which may place a hold on your account.

REFUND POLICY: Given the nature of the web only advertisements, they are non-refundable. Accurate information in your advertisement is solely your responsibility. KAANGO is not responsible for incorrect information entered by you; we act as a passive conduit for the online distribution and publication of your content. Each advertisement is reviewed by you prior to payment. Additionally, ads are fully editable by you during the run period of the advertisement.

KAANGO is not responsible for errors made by the advertiser while submitting their ad nor for errors made by KAANGO’s clients when uploading ads to the KAANGO domain or sub domain.

Refunds and site outages. We make every attempt to make sure that our site is functioning properly. If the site is down (not accessible for all users) for longer than 24 hours, we will credit you the time as additional runtime on your ad. If the ad was time sensitive, for example, included an open house date, you may be entitled to a refund. Please contact our support@kaango.com within two business days if you have any questions or complaints regarding site outages.

LISTING AND SELLING. By placing an ad on KAANGO listing an item for sale, you are warranting that you have legal title or legal authority to sell the item contained in the listing. Listings must comply with the applicable listing rules for classified ads. The listing rules are here.

KAANGO prohibits the placement of advertisements from outside of the UNITED STATES.

CONTENT COMPLIANCE. By posting any text or images in an ad on KAANGO or in reply to an ad on KAANGO, you warrant that:

  1. you have the necessary rights and licenses, consents, permissions, waivers and releases to use and display said content
  2. that your posted content shall not violate, misappropriate or infringe any rights of the Kaango Classifieds Service or any third party; shall not constitute defamation, invasion of privacy publicity, or otherwise violate any rights of any third party; is not designed for use in any illegal activity or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
  3. that your content shall not contain any unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful computer code or link to a website with harmful computer code.

MISCONDUCT AND FRAUD. KAANGO will not tolerate fraud. Even the appearance of impropriety can disrupt the integrity of KAANGO. Accordingly, any Eligible User we suspect of engaging in fraudulent conduct (whether or not we prove such conduct) may have their listings removed (with NO REFUND) or have their account suspended or revoked. Fraud or misconduct shall be deemed to include (but shall not be limited to) the items specified in our general rules set forth below:

  • Misrepresentation within the context of any listing, communication or transaction
  • Transactional interference
  • Fee avoidance
  • Fraud of any type
  • Breach of contract
  • Harassment of Eligible Users
  • Libelous communication
  • Violation of any law of the United States of America or of any of its constituent states.

KAANGO may, in its sole discretion take whatever action it deems necessary to maintain the propriety and integrity of the KAANGO Service, even if such action includes suspension or permanent revocation of your privileges here. YOU DO NOT HAVE THE LEGAL RIGHT TO USE THIS SITE YOU HAVE A PRIVILEGE AND A LICENSE, WHICH MAY BE REVOKED AT ANY TIME.

DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.

To the extent permitted by law, (1) we make no promise as to KAANGO, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and KAANGO is provided "AS IS" and "AS AVAILABLE"; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your KAANGO use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PARTNERS, SUBSIDIARIES AND OUR SUPPLIERS ("KAANGO ENTITIES"), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) KAANGO ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.

CLAIMS. You agree (1) any claim, cause of action or dispute ("claim") arising out of or related to the TERMS OF USE or your KAANGO use is governed by Colorado ("CO") law regardless of your location or any conflict or choice of law principle; (2) claims must be resolved exclusively by state or federal court in Denver, CO (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against KAANGO Entities; (6) (except government agencies) to indemnify KAANGO Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your KAANGO use; (7) you are liable for TERMS OF USE breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the "USE" section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.

NON-INVOLVEMENT IN DISPUTES. Neither KAANGO, nor any of its Partners are brokers, agents or auctioneers. We provide software to enable individuals to place and find classified ads in an automated and efficient manner. Our software is a medium by which you may interact with Eligible Users. We will not become involved in any dispute between Eligible Users other than to determine whether to restrict access to KAANGO by any user engaged in apparent misconduct. KAANGO will not resolve any disputes between Users. Users are responsible for all dispute resolution and engage in sales at their own risk. Kaango, LLC. reserves the right to facilitate resolution of disputes by providing information to interested parties upon request.

MISC. Users complying with prior written licenses may access KAANGO thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a TERMS OF USE term is unenforceable, other terms are unaffected. If TERMS OF USE translations conflict with the English version, English controls. See Privacy Policy for how we collect, use and share data. If you feel content infringes your rights see Infringement.

When you accept the Kaango Advertisement Agreement you also agree with and accept all of the terms and conditions contained in The Seattle Times Company Advertiser Agreement (http://www.nwsource.com/classifieds/advertiser_agreement.html) and the Privacy Policy (http://www.seattletimescompany.com/notices/notice2.html).

Please Read our list of Prohibited, Questionable and infringing items (http://www.nwsource.com/classifieds/prohibited_items.html) prior to posting an advertisement.