Youngstown Flea Terms of Use

Parties

These Terms of Use are binding on You. “You” means either: (a) the individual user of this Site (“User”), or (b) if User is acting on behalf of User’s employer, client or another third party (such employer, client or third party, a “Principal”), then the User and such Principal. If User is using this Site on behalf of a Principal, then (a) User represents and warrants that User has the authority to bind, and has bound, such Principal to these License Terms; and (b) User agrees to be jointly and severally liable for any breach of these License Terms by Principal.

Intellectual Property

This Site is owned and operated by The Youngstown Flea and/or its affiliates (collectively, “Youngstown Flea”). All of the content elements displayed and/or downloadable on this Site, including photographic images, graphic images, text, captions, audio-visual files, digital files and software (collectively, the “Content”), and all of the features of this Site, including this Site’s designs, trade dress, logos, pages, audio and/or video material, text, data, information, software, data compilations, digital downloads, icons, html code, xml code and products or services obtained from this Site (together with the Content, collectively, the “Site Elements”) is the exclusive property of Youngstown or third parties from whom the site elements have been obtained. The Site Elements are protected by laws, including copyright, trademark, trade dress and other intellectual property laws. Any download by You of any Content (whether or not such download was authorized) transfers no right, title or interest in or to such Content or any intellectual property rights therein. All right, title and interest in and to such Content shall remain the exclusive property of Youngstown Flea and/or its third-party owners. No Content may be used, copied, displayed, transmitted or otherwise exploited via any means except as expressly permitted by Youngstown Flea

You shall not copy, modify, display or otherwise use Youngstown Flea’s name or any of Youngstown Flea’s logos, trademarks or service marks in any way, or include or any of Youngstown Flea’s logos, trademarks or service marks or the name of any Youngstown Flea employee or personnel, or any variation of any of the foregoing, as a meta-tag or hidden textual element, or in any other manner that may create an impression of affiliation, sponsorship, or endorsement

Rules Regarding Use of the Site

This Site and Site Elements are intended solely for Youngstown Flea customers. You shall not use this Site or any Site Elements for any purpose not related to Your business with Youngstown Flea.

Any and all access to this Site is provided to You at Youngstown Flea’s sole discretion. Youngstown Flea may immediately terminate, limit or restrict Your and/or Principal’s access to this Site and/or any Site Element for any or no reason. You agree that Youngstown Flea shall not be liable to You or any third party for any termination of Your access to this Site.

You shall not use the Site in a way that violates any laws, violates or infringes on anyone’s rights, or interferes with the Site or any feature on the Site or any other user’s use of the Site.

You shall not:

• use any robot, “bot” (any software application used to automatically execute commands) spider, scraper or other automated or artificial intelligence means to access, copy, troll, scan or “scrape” the Site or any Site Elements for any purpose (including for purposes of artificial intelligence training or machine learning);
• use any manual process to access, copy, troll, scan or “scrape” the Site or any Site Elements for any purpose;
• “deep link” to the Site;
• take any action that imposes, or may impose an unreasonable or disproportionately large load (as determined by Youngstown Flea) on the Site’s infrastructure;
• interfere with, disable or overburden the proper working of the Site or any activities conducted on the Site or circumvent, disable or otherwise interfere with security-related features of the Site, including any technological measures Youngstown Flea employs to enforce the Terms of Use, to prevent or restrict use or copying of any content or enforce limitations on the use of the Site or Site Elements, or attempt to do any of the foregoing;
• collect or harvest any personally identifiable information from the Site, including any user name or password or any personally identifiable information (such as an e-mail address) that may be posted by any user of the Site;
• in connection with the Site, advertise, promote or solicit anyone to buy or sell any product or service, or solicit anyone to make any donation of any kind or to register for any service, activity or organization;
• decompile, reverse engineer, disassemble, modify or attempt to discover any Site source or object code or any software or other products, services or processes accessible through any portion of the Site;
• use network-monitoring software to determine architecture of or extract usage data from the Site, or probe, scan or test the Site for vulnerabilities;
• use any of the Site Elements in a manner that suggests an association with AP or any of Youngstown Flea’s networks, products, services or brands;
• frame the Site, or make it appear that a third-party site is presenting or endorsing, any of the content of the Site, or incorporate any Site Element into another website or other service;
• engage in any conduct that restricts or inhibits any other user from using or enjoying the Site or that violates the Terms of Use.

Access to this Site is not being offered to any person in any jurisdiction where such offering would be illegal or unlawful. Youngstown Flea controls and operates this Site from its offices within the State of Ohio, United States of America. Youngstown Flea does not claim that this Site and/or any Site Elements are appropriate or available for use in locations other than the United States. If You choose to access this Site from other locations, You do so at Your own initiative and will be solely responsible for compliance with any applicable local laws.

Youngstown Flea reserves the right to monitor any and all use of this Site and to investigate suspected violations of these Terms of Use.  Youngstown Flea may seek to gather information from the user who is suspected of violating these Terms of Use and from any other user.  You agree to cooperate fully with Youngstown Flea to investigate any suspected or actual breach of the Terms of Use. Youngstown Flea will not have any liability of any kind to any Site user or third party, and You waive any and all claims that You may have, relating to Youngstown Flea’s exercise of any of Youngstown Flea’s rights pursuant to the Terms of Use or Youngstown Flea’s compliance or cooperation with any law enforcement or governmental authority or court order.

If Youngstown Flea, in its sole discretion, has reason to believe or suspects that You have violated these Terms of Use, Youngstown Flea has the right to take any action Youngstown Flea deems necessary to cure or prevent the violation. This may include prohibiting you from the Site, terminating your account and/or taking legal action.

Account Registration

If You elect to register for an account on this Site, You will be required to submit certain information. In furnishing such information, You hereby represent and warrant that such information is complete and accurate. If You are registering on behalf of a Principal, You shall identify such Principal in Your registration application. Additionally, You hereby represent and warrant that You are authorized to provide such information and to register on such Principal’s behalf. Minors and children (persons under the age of 18) are not eligible to use this Site or register for an account or submit any personal information. By using this Site unsupervised, and/or registering for an account, You warrant that You are 18 years of age or older. Youngstown Flea reserves sole discretion over whether to grant an account, and You agree to access the authorized sections of this Site and Your account only by using the account number and password supplied to You directly by Youngstown Flea.

You are solely responsible for (i) maintaining the confidentiality of any account information, user names, access permissions, and passwords that are provided by Youngstown Flea to access this Site or any product or service available through this Site, and (ii) all activities occurring under Your accounts, user names, or passwords. You agree to take all commercially reasonable efforts to prevent others from obtaining Your account information. You shall notify Youngstown Flea of any unauthorized access or need to update or remove access for any of Your employees or agents. If You become aware of any suspicious or unauthorized conduct concerning an account, You shall contact Youngstown Flea immediately. You shall be liable for payment for all Content downloaded by others using Your account, with or without Your permission or knowledge prior to the time that You notify Youngstown Flea of any unauthorized use. Youngstown Flea shall not be liable for any loss or damage arising from Your failure to follow these obligations.

Confidentiality

In the course of using this Site and/or in speaking with Youngstown Flea representatives, You may receive certain pricing, technical, marketing or other confidential information. “Confidential information” includes any information that is either designated as confidential by Youngstown Flea or that, under the circumstances surrounding its disclosure, a reasonable person would conclude is confidential. You acknowledge that such confidential information constitutes valuable trade secrets of Youngstown Flea and is proprietary to Youngstown Flea. You agree that You will maintain the confidentiality of all such confidential information and that You shall not use or disclose such confidential information without the prior written consent of Youngstown Flea.

Disclaimers & Limitations on Liability

THE SITE AND THE SITE ELEMENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AP EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE SITE ELEMENTS AND ANY OTHER PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, WHETHER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (2) OF NON-INFRINGEMENT AND TITLE; (3) THAT ANY USE OF THE SITE WILL BE FREE FROM ANY INTERRUPTIONS, DELAYS, INACCURACIES, SERVER DOWN-TIME, ERRORS OR OMISSIONS; (4) THAT THE SITE WILL BE SECURE, OR FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS; (5) THAT THE SITE AND/OR THE SITE ELEMENTS WILL SATISFY YOUR REQUIREMENTS OR EXPECTATIONS; AND (6) THAT INFORMATION, DATA OR MATERIALS PRESENTED OR DISPLAYED ON THIS SITE ARE CORRECT, ACCURATE OR RELIABLE.

IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY SITE ELEMENT, YOUR SOLE REMEDY IS TO CEASE USING THE SITE.

YOUNGSTOWN FLEA, , SUBSIDIARIES AND AFFILIATES, THE SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING AND EACH OF THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS, AGENTS AND REPRESENTATIVES OF EACH OF THE FOREGOING WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR DAMAGES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SITE ELEMENTS, EVEN IF AP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIRS ARISING FROM USE OF THE SITE.

Your access to this Site or any Site Element is done at Your own risk. You shall be solely responsible for any damage to Your computer systems or loss of data that results from the accessing of any Site Elements. Youngstown Flea shall not be responsible or liable for any damage caused by theft, unauthorized access to Your account, systems failure, communications line failure or other occurrences beyond the control of Youngstown Flea.

Although Youngstown Flea endeavors to ensure the accuracy, completeness and reliability of the Content, Youngstown Flea disclaims all representations and warranties concerning the accuracy, completeness and/or reliability of the Content or any data or metadata appurtenant thereof. You assume all risk and responsibility relying on such information. Youngstown Flea also disclaims any responsibility for the accuracy, completeness and/or reliability of any search feature provided by this Site and/or any search results.

This Site may from time to time contain links or pointers to Internet sites maintained by third parties. These links do not imply endorsement by Youngstown Flea of the products or services offered by such third party Internet sites. Youngstown Flea does not operate or control in any way any information, products or services on these third-party sites and Youngstown Flea expressly disclaims any responsibility for such third party sites, which are provided for Your convenience on an “as is” basis without warranties of any kind, express or implied. You hereby waive any and all claims against Youngstown Flea regarding the inclusion of links to outside Internet or the use thereof.

Potentially Offensive Material

This Site contains an extensive archive of news and historical Content. Accordingly, certain Content may describe or depict persons, institutions or events that reflect social attitudes, beliefs and circumstances of a particular place and/or time that may be viewed as insensitive, offensive or inappropriate by You, or the community in or to which You intend to publish, transmit, display or broadcast such Content. Youngstown Flea shall not be liable or responsible to You, or any other person or entity with respect to such Content.

Indemnification

You hereby agree to indemnify, defend and hold harmless Youngstown Flea and/or its licensor (as applicable) and its officers, directors, employees, agents and representatives from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, losses, or expenses, including attorneys’ fees and costs, arising out of or in any way connected with its access to Your use of this Site or any Site Elements in violation or breach or alleged violation or breach of these Terms of Use, Your violation, alleged violation or misappropriation of any intellectual property right (including trademark, copyright, patent, trade secrets) or non-proprietary rights of a third party (including defamation, libel, violation of privacy or publicity) or any other applicable laws or regulations. Should You breach these Terms of Use, You will be required to pay all of Youngstown Flea’s costs and expenses incurred in connection with the enforcement of these Terms of Use, including Youngstown Flea’s attorneys’ fees, costs and disbursements.

Severability

If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. The affected provision shall be modified to the extent necessary to make it lawful, not void or enforceable, as the case may be, in such a manner as comes closest to preserving the intentions of such provision.

Governing Law; Jurisdiction; Disputes

These Terms of Use will be governed and construed in accordance with the laws of the State of Ohio without regard to its conflicts of law provisions. These Terms of Use shall not be governed by the United Nations Convention on Contract for the International Sale of Goods, the application of which is expressly disclaimed. You agree to submit to the jurisdiction of the state and federal courts located in Mahoning County in the State of Ohio. You agree not to bring any action relating to the use of this Site or the interpretation of these Terms of Use in any court in any jurisdiction other than the state and federal courts located in Mahoning County, State of Ohio. Youngstown Flea shall have the right to commence and prosecute any legal or equitable action or proceeding before any US or non-US court of competent jurisdiction to enforce these Terms of Use. In any dispute between You and Youngstown Flea where Youngstown Flea prevails, Youngstown Flea shall be entitled to recover its reasonable attorney fees, court costs, disbursements, and other legal expenses.

No Waiver

The failure of Youngstown Flea at any time to require performance by You of any provision of these Terms of Use shall in no way affect the right of Youngstown Flea to enforce the such provision, nor shall the waiver of any breach by You of any provision herein constitute a waiver of any succeeding breach or the provision itself.

Interpretation

The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. The word “will” shall be construed to have the same meaning and effect as the word “shall”. The word “or” shall be construed to have the same meaning and effect as “and/or”. The words “herein”, “hereof” and “hereunder”, and words of similar import, shall be construed to refer to these Terms of Use. The headings used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use.