HAREVAN TERMS OF USE
1. ACCEPTANCE OF TERMS
Harevan.am provides a collection of online resources, including classified
ads, forums, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular Harevan services, you agree to abide by any applicable posted guidelines for all Harevan services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Harevan in any way, your only recourse is to immediately discontinue use of Harevan. Harevan has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at:
3. CONTENT
You 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. More specifically, you are
entirely responsible for each individual item ("Item") of Content that you
post, email or otherwise make available via the Service. You understand that
Harevan does not control, and is not responsible for Content made available
through the Service, and that by using the Service, you may be exposed to
Content that is offensive, indecent, inaccurate, misleading, or otherwise
objectionable. Furthermore, the Harevan site and Content available through
the Service may contain links to other websites, which are completely
independent of Harevan. Harevan makes no representation or warranty as
to the accuracy, completeness or authenticity of the information contained
in any such site. Your linking to any other websites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the
use of any Content, that you may not rely on said Content, and that under no
circumstances will Harevan be liable in any way for any Content or for
any loss or damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise made available via the Service. You acknowledge
that Harevan does not pre-screen or approve Content, but that Harevan
shall have the right (but not the obligation) in its sole discretion to
refuse, delete or move any Content that is available via the Service, for
violating the letter or spirit of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The Harevan site and Content available through the Service may contain
features and functionalities that may link you or provide you with access
to third party content which is completely independent of Harevan,
including web sites, directories, servers, networks, systems, information
and databases, applications, software, programs, products or services,
and the Internet as a whole.
Your interactions with organizations and/or individuals 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 organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these
third parties.
You agree that Harevan shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings. If there is
a dispute between participants on this site, or between users and any third
party, you understand and agree that Harevan is under no obligation to
become involved. In the event that you have a dispute with one or more other
users, you hereby release Harevan, its officers, employees, agents and
successors in rights 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.
5. NOTIFICATION OF CLAIMS OF 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 notify Harevan's agent for notice of claims of
copyright or other intellectual property infringement ("Agent"), at
abuse@harevan.am
Please provide our Agent with the following Notice:
a) Identify the material on the Harevan site that you claim is
infringing, with enough detail so that we may locate it on the website;
b) 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;
c) A statement by you declaring under penalty of perjury that (1) the above
information in your Notice is accurate, and (2) that you are the owner of
the copyright interest involved or that you are authorized to act on behalf
of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
6. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that harasses, 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;
c) that includes personal or identifying information about another person
without that person's explicit consent;
d) that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";
e) that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary relationships;
f) that constitutes or contains "affiliate marketing," "link referral code,"
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement;
g) that constitutes or contains any form of advertising or solicitation if:
posted in areas of the Harevan sites which are not designated for such
purposes; or emailed to Harevan users who have not indicated in writing that
it is ok to contact them about other services, products or commercial interests.
h) that includes links to commercial services or web sites, except as allowed
in "services";
i) that advertises any illegal service or the sale of any items the sale of
which is prohibited or restricted by any applicable law, including without
limitation items the sale of which is prohibited or regulated by Armenian
law.
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 amount of
Content (flooding attack) to the Service, or that otherwise negatively
affects other users' ability to use the Service; or
l) that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.
Additionally, you agree not to:
m) contact anyone who has asked not to be contacted, or make unsolicited
contact with anyone for any commercial purpose;
n) "stalk" or otherwise harass anyone;
o) collect personal data about other users for commercial or unlawful
purposes;
p) use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - unless expressly
permitted by Harevan;
q) post non-local or otherwise irrelevant Content, repeatedly post the
same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;
r) post the same item or service in more than one classified category or
forum, or in more than one metropolitan area;
s) attempt to gain unauthorized access to Harevan's computer systems or
engage in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service or
the Harevan website; or
t) use any form of automated device or computer program that enables the
submission of postings on Harevan without each posting being manually
entered by the author thereof (an "automated posting device"), including
without limitation, the use of any such automated posting device to submit
postings in bulk, or for automatic submission of postings at regular intervals.
7. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary
that offers to post Content to the Service on behalf of others. To
moderate demands on Harevan’s resources, you may not use a Posting
Agent to post Content to the Service without express permission or
license from Harevan. Correspondingly, Posting Agents are not
permitted to post Content on behalf of others, to cause Content to
be so posted, or otherwise access the Service to facilitate posting
Content on behalf of others, except with express permission or
license from Harevan.
8. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to
Harevan email addresses or through Harevan computer systems, which is
expressly prohibited by these Terms, will use or cause to be used servers
located in California. Any unauthorized use of Harevan computer systems
is a violation of these Terms and certain Armenian laws.
9. PAID POSTINGS
We will charge a fee to post Content in the website. The fee
is an access fee permitting Content to be posted in a designated area.
Each party posting Content to the Service is responsible for said Content
and compliance with the TOU. All fees paid will be non-refundable in the
event that Content is removed from the Service for violating the TOU.
10. LIMITATIONS ON SERVICE
You acknowledge that Harevan may establish limits concerning use of the
Service, including the maximum number of days that Content will be retained
by the Service, the maximum number and size of postings, email messages, or
other Content that may be transmitted or stored by the Service, and the
frequency with which you may access the Service. You agree that Harevan
has no responsibility or liability for the deletion or failure to store any
Content maintained or transmitted by the Service. You acknowledge that
Harevan reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that Harevan
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
11. ACCESS TO THE SERVICE
Harevan grants you a limited, revocable, nonexclusive license to access
the Service for your own personal use. This license does not include:
(a) access to the Service by Posting Agents; or (b) any collection,
aggregation, copying, duplication, display or derivative use of the Service
nor any use of data mining, robots, spiders, or similar data gathering and
extraction tools for any purpose unless expressly permitted by Harevan.
A limited exception to (b) is provided to general purpose internet search
engines and non-commercial public archives that use such tools to gather
information for the sole purpose of displaying hyperlinks to the Service,
provided they each do so from a stable IP address or range of IP addresses
using an easily identifiable agent and comply with our robots.txt file.
"General purpose internet search engine" does not include a website or
search engine or other service that specializes in classified listings
or in any subset of classifieds listings such as jobs, housing, for sale,
services, or personals, or which is in the business of providing classified
ad listing services.
Use of the Service beyond the scope of authorized access granted to you by
Harevan immediately terminates said permission or license. In order to
collect, aggregate, copy, duplicate, display or make derivative use of the
the Service or any Content made available via the Service for other
purposes (including commercial purposes) not stated herein, you must first
obtain a license from Harevan.
12. TERMINATION OF SERVICE
You agree that Harevan, in its sole discretion, has the right (but not
the obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation,
if Harevan believes that you have acted inconsistently with the letter or
spirit of the TOU. Further, you agree that Harevan shall not be liable
to you or any third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said termination.
Sections 2, 4, 6 and 10-16 shall survive termination of the TOU.
13. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE HAREVAN SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE HAREVAN SITE AND THE SERVICE ARE PROVIDED ON AN "AS
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,
HAREVAN DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE HAREVAN SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, HAREVAN DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
HAREVAN SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON
THE HAREVAN SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, HAREVAN
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE HAREVAN SITE OR THE SERVICE. Some jurisdictions do
not allow the disclaimer of implied warranties. In such jurisdictions, some
of the foregoing disclaimers may not apply to you insofar as they relate to
implied warranties.
14. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL HAREVAN BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HAREVAN
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE HAREVAN SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE HAREVAN SITE OR THE SERVICE, FROM
INABILITY TO USE THE HAREVAN SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE HAREVAN SITE
OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE HAREVAN SITE OR THE SERVICE OR ANY
LINKS ON THE HAREVAN SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HAREVAN SITE
OR THE SERVICE OR ANY LINKS ON THE HAREVAN SITE. THESE LIMITATIONS SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,
limitations of liability are not permitted. In such jurisdictions, some of
the foregoing limitation may not apply to you.
15. INDEMNITY
You agree to indemnify and hold Harevan, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party
due to or arising out of Content you submit, post or make available through
the Service, your use of the Service, your violation of the TOU, your
breach of any of the representations and warranties herein, or your
violation of any rights of another.
16. GENERAL INFORMATION
The TOU constitute the entire agreement between you and Harevan and
govern your use of the Service, superceding any prior agreements between you
and Harevan. The TOU and the relationship between you and Harevan
shall be governed by the laws of the State of California without regard to
its conflict of law provisions. You and Harevan agree to submit to the
personal and exclusive jurisdiction of the courts located in Yerevan, Armenia. The failure of Harevan to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. 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 TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of the TOU, by flagging the posting(s) for
review, or by emailing to:
abuse@harevan.am
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
