Terms and Conditions

1. Acceptance of Terms
skaffers provides a collection of online resources, including classified ads, forums, and various email services, (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"), which may be updated by skaffers from time to time. skaffers will provide notice of materially significant changes to the Terms by posting notice on the skaffers site. You can review the most current version of the Terms at: http://www.skaffers.com/about/terms.asp. By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular skaffers services, you agree to abide by any applicable posted guidelines for all skaffers services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with skaffers in any way, your only recourse is to immediately discontinue use of skaffers.

2. 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 all Content that you post, email or otherwise make available via the Service. You understand that skaffers 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 skaffers site and Content available through the Service may contain links to other websites, which are completely independent of skaffers. skaffers 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 webites 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 skaffers 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 skaffers does not pre-screen or approve Content, but that skaffers 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 Terms or for any other reason.

3. 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 skaffers's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at support@skaffers.com or:

Copyright Agent
Skaffers LLC
64 Beaver St #423
New York, NY
10005


Please provide our Agent with the following Notice:

1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the skaffers site that you claim is infringing, with enough detail so that we may locate it on the website;
3. 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;
4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.

skaffers will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).

4. Privacy and Information Disclosure
skaffers has established a Privacy Policy to explain to users how their information is collected and used, located at http://www.skaffers.com/privacy/default.asp Your use of the skaffers website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that skaffers may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harrassment; protect the rights, property, or personal safety of skaffers, its users or the general public.

5. Conduct
You agree not to post, email, or otherwise make available Content:
* that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or harms minors in any way;
* that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person; * 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;
* that impersonates any person or entity, including, but not limited to, a skaffers employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);
* that includes personal or identifying information about another person without that person's explicit consent;
* that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
* 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;
* that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
* that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the skaffers sites which are not designated for such purposes; or (2) emailed to skaffers users who have requested not to be contacted about other services, products or commercial interests.
* that includes links to commercial services or web sites, except as allowed in "services";
* that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by California law - a partial list of items that may be prohibited or restricted in the state of California is provided for your convenience at http://www.skaffers.com/about/prohibited_items.asp;
* 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;
* that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service;
or * 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:

* contact anyone who has asked not to be contacted;
* "stalk" or otherwise harrass anyone;
* collect personal data about other users for commercial or unlawful
purposes;
* use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by skaffers;
* 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;
* post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
or * attempt to gain unauthorized access to skaffers'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 skaffers website.

6. No Spam Policy
You understand and agree that sending unsolicited email advertisements to skaffers email addresses or through skaffers computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of skaffers computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

7. Limitations on service
You acknowledge that skaffers 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 skaffers has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that skaffers reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that skaffers shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8. Access to the Service

skaffers grants you a limited, revocable, nonexclusive license to access the Service for your own personal use of the Service, and not to download (other than page caching) or modify it, or any portion of it, or any Content made available via the Service (except for your own Content), without the express written consent of skaffers. This license does not include 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 skaffers. A limited exception 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.

skaffers permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of these Terms, absent express permission granted by skaffers to do so. You may also create a hyperlink to the home page of skaffers sites so long as the link does not portray skaffers, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

skaffers offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. skaffers permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'skaffers' as the source, (d) your use or display does not suggest that skaffers promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden skaffers's systems. skaffers reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by skaffers 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 skaffers.

9. Termination of service
You agree that skaffers, 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 skaffers believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that skaffers 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 these Terms.

10. Dealings with organizations and individuals
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 agree that skaffers 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 skaffers is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release skaffers, 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. 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 favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

11. Proprietary rights
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights 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 skaffers. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of skaffers, 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. skaffers is a registered mark in the U.S. Patent and Trademark Office.

Although skaffers 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 skaffers 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 skaffers 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.

12. Disclaimer of Warranties
YOU AGREE THAT USE OF THE skaffers SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE skaffers 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, skaffers DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE skaffers SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, skaffers DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE skaffers SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE skaffers SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, skaffers DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE skaffers 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.

13. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL skaffers BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SKAFFERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE skaffers SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE skaffers SITE OR THE SERVICE, FROM INABILITY TO USE THE skaffers SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SKAFFERS 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 skaffers SITE OR THE SERVICE OR ANY LINKS ON THE skaffers SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SKAFFERS SITE OR THE SERVICE OR ANY LINKS ON THE SKAFFERS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

14. Indemnity
You agree to indemnify and hold skaffers, 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 Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

15. General information
The Terms constitute the entire agreement between you and skaffers and govern your use of the Service, superceding any prior agreements between you and skaffers. The Terms and the relationship between you and skaffers shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and skaffers agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of skaffers 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 endeavor 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. 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.

16. Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to support@skaffers.com. 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.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for skaffers to pursue legal action to enforce these Terms, you will be liable to pay skaffers the following amounts as liquidated damages, which you accept as reasonable estimates of skafferss' damages for the specified breaches of these Terms:

a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay skaffers one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.

b. If skaffers establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay skaffers one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access skaffers in excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to skaffers email addresses or through skaffers computer systems, you agree to pay skaffers twenty five dollars ($25) for each such email.

d. If you post messages in violation of these Terms of Use, other than as described above, you agree to pay skaffers one hundred dollars ($100) for each such message. In its sole discretion, skaffers may elect to issue a warning before assessing damages.

e. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without skaffers's express written permission, you agree to pay skaffers three thousand dollars ($3,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay skaffers's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, skaffers retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

16. Feedback
We welcome your feedback on this document in our feedback forum at http://www.skaffers.com/Forum/forum_topics.asp?FID=503.

WITH REGARDS TO SKAFFERS.COM UPLOAD CENTER

Digital Millennium Copyright Act Policy

Skaffers.com is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). Skaffers.com respects the legitimate rights of copyrights owners, and has adopted an efficient notice and takedown procedure as required by the DMCA and described herein. This policy is intended to guide copyright owners in utilizing that procedure, and also to guide webmasters in restoring access to websites that are disabled due to mistake. Notice to Owners of Copyrighted Works

The DMCA provides a legal procedure by which you can request any Online Service Provider to disable access to a website where your copyrighted work(s) are appearing without your permission. There are two parts to the legal procedure: (1) Writing a Proper DMCA Notice, and (2) Sending the Proper DMCA Notice to Skaffers.com Designated Agent. How to Write a Proper DMCA Notice

A Proper DMCA Notice will notify Skaffers.com of particular facts in a document signed under penalty of perjury. We refer to this as a "Proper DMCA Notice". To Write a Proper DMCA notice, please provide the following information: 1. Identify yourself as either:
a. The owner of a copyrighted work(s), or
b. A person "authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
2. State your contact information, including your TRUE NAME, street address, telephone number, and email address.
3. Identify the copyrighted work that you believe is being infringed, or if a large number of works are appearing at a single website, a representative list of the works.
4. Identify the material that you claim is infringing your copyrighted work, to which you are requesting that Skaffers.com disable access over the World Wide Web.
5. Identify the location of the material on the World Wide Web by providing "information reasonably sufficient to permit Skaffers.com to locate the material."
6. State that you have "a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law."
7. State that the information in the notice is accurate, under penalty of perjury.
Sign the notice with either a physical or electronic signature.
Sending The Proper DMCA Notice to the Designated Agent

To exercise your DMCA rights, you must send your Proper DMCA Notice to the following agent designated by Skaffers.com (the "Designated Agent".) The contact information for Skaffers.com 's Designated Agent is:

Physical address: 64 Beaver St #423 New York, NY 10005
Email address: support@skaffers.com
What We Do When We Receive A Proper DMCA Notice


Skaffers.com will follow the procedures provided in the DCMA, which prescribed a notice and takedown procedure, subject to the webmaster's right to submit a Counter-notification claiming lawful use of the disabled works. Notice and Takedown Procedure

It is expected that all users of any part of the Skaffers.com system will comply with applicable copyright laws. However, if Skaffers.com is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. Skaffers.com will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent. Notice to Users of Skaffers.com Systems

Pursuant to the Terms of Service Agreement you agreed to when you were permitted to become a System User, you are required to use only lawfully-acquired creative works as website content, and your website may be disabled upon receipt of notice that infringing material is appearing there. Skaffers.com also respects the legitimate interests of webmasters in utilizing media content lawfully, being permitted to present a response to claims of infringement, and obtaining timely restoration of access to a website that has been disabled due to a copyright complaint.

Your System Use privileges will also be suspended. You may protest a DMCA notice by submitting a Counter-notification as described below. Writing and Submitting a Counter-notification

If access to your website is disabled due to operation of the Skaffers.com notice and takedown procedure described above, and you believe the takedown was improper, you must submit a Counter-notification. Writing a Counter-notification

To write a proper counter-notification, please provide the following information:
1. State that access to your website was disabled due to operation of the notice and takedown procedure.
2. Identify the material that has been removed and designate its URL prior to removal.
3. State, under penalty of perjury:
a. Your name, address, and telephone number,
b. That you "have a good faith belief that the material was removed or disabled as result of mistake or misidentification of the material,"
c. That you "consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located."
Sending the Counter-notification

To exercise your DMCA rights, you must send your Counter-notification to the "Designated Agent" for Skaffers.com , whose contact information is:

Physical address: P.O. Box 92, Clayton, California 94520 Email address: support@skaffers.com Repeat Infringers

Skaffers.com may, in its discretion, use all appropriate means to terminate user access to its system or network who are repeat infringers. Accommodation of Standard Technical Measures

It is Skaffers.com 's policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works. Policy With Regard To Non-Compliant Communications

Skaffers.com has discretion to handle non-compliant notices in whatever manner appears to be reasonable given the circumstances presented. Submission of Misleading Information

The submission of misleading information of any sort in a notification or counter-notification submitted to Skaffers.com voids any claim of right made by the submitting party.

Logging IP Addresses

For each visitor to our web page, our web server does not recognize any information regarding the domain or email address. IP addresses are logged and used by Skaffers for measuring usage. Collecting Email Addresses

We collect the email addresses of Skaffers recipients and senders for the purpose of logging and measuring usage. Skaffers does not rent, sell, or share personal information about you with non-affiliated companies. Certain Exceptional Disclosures

We may disclose your information if necessary to protect our legal rights or if the information relates to actual or threatened harmful conduct or potential threats to the physical safety of any person. Disclosure may be required by law or if we receive legal processes. Use of Cookies

Skaffers uses cookies to store the preferences of users, only if they so choose. File Transfer Security

We have appropriate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of information that we have collected from you at our site. Files stored for delivery are only accessible by Skaffers and through the clickable link generated for your recipient. All files stored for delivery are deleted when they expire. Third-Party Advertising

We use third-party advertising companies to serve ads when you visit our site. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. Third-Party Cookies

In the course of serving advertisements to this site, our third-party advertisers may place or recognize a unique "cookie" on your browser.

Description of Services

The Services provide a user the ability to send a file (a "User File") to one or more recipients identified by a valid email address. The Services operate by storing the specified User File on a Skaffers.com server and then sending to the recipient(s) an email that contains a link to the User File. The recipient(s) can then access and download the User File by clicking on the link. A more detailed description of the Services can be found here. You acknowledge and agree that Skaffers.com may establish general practices and policies concerning use of the Services, including, without limitation, the maximum size of the file that a user may store and send through the Services, the maximum number of days that a file will be stored by the Services, the maximum number of times a user may access the Services in a given period of time, and the maximum number of recipients to which a user may send a file. Responsibility for Data

You have sole responsibility for all User Files that you store on Skaffers.com servers through use of the Services. You acknowledge and agree that Skaffers.com will not be responsible for any failure of the Services to store a User File, for the deletion of a User File stored on the Services, or for the corruption of or loss or any data, information or content contained in a User File. Privacy Policy

Skaffers.com respects the privacy of others. These Terms of Service incorporate the terms of Skaffers.com 's Privacy Policy. Copyright Policy

Skaffers.com respects the intellectual property rights of others and expects our users to do the same. Unauthorized copying, modification, distribution, public display, or public performance of a copyrighted work is an infringement of the copyright holder's rights. You agree to comply with the terms of Skaffers.com 's Copyright Policy. Proprietary Rights

All right, title, and interest in and to the Services are and will remain the exclusive property of Skaffers.com and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services. Trademarks

Skaffers.com , the Skaffers.com logo, and all other Skaffers.com trademarks, service marks, product names, and trade names of Skaffers.com appearing on the Services are owned by Skaffers.com . All other trademarks, service marks, product names, and logos appearing on the Services are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Services without the owner's prior written consent. General Prohibitions

As a condition to your use of the Services, you agree not to:
• Upload or transmit as part of a User File or otherwise any data, text, graphics, content, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
• Access, tamper with, or use any non-public areas of the Services or Skaffers.com 's computer systems or the technical delivery systems of Skaffers.com 's providers;
• Attempt to probe, scan, or test the vulnerability of the Services or any related system or network or breach any security or authentication measures;
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; or
• Impersonate or misrepresent your affiliation with any person or entity.
Skaffers.com will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security-related issues, to the fullest extent of the law. Skaffers.com may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Skaffers.com has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Links

The Services may make available links to third-party websites. You acknowledge and agree that Skaffers.com is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by Skaffers.com of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites. Termination

You may terminate your account at any time. If you violate any of these Terms of Service, your permission to use the Services will automatically terminate. Skaffers.com reserves the right to discontinue providing or to change the Services at any time and without notice. Except to the extent that Skaffers.com is required by applicable law or court order to retain copies of any of your User Files that are stored on the Skaffers.com servers, upon any termination of your account, Skaffers.com will delete and erase all User Files associated with your account. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SKAFFERS.COM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SKAFFERS.COM MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT SKAFFERS.COM WILL NOT BE RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO THE COMPUTER SYSTEM OF ANY THIRD PARTY THAT RESULT FROM USE OF THE SERVICES. Indemnity

You agree to defend, indemnify, and hold harmless Skaffers.com , its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms of Service. Limitation of Liability

IN NO EVENT WILL SKAFFERS.COM BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OR INABILITY TO USE THE SERVICES OR ANY USER FILES SENT THROUGH, STORED BY OR DOWNLOADED FROM THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SKAFFERS.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL SKAFFERS.COM 'S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SKAFFERS.COM AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Severability

In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and affect. Notice

Skaffers.com may provide you with notices, including those regarding changes to the Services by email or by postings on the Services. Waiver

The failure of Skaffers.com to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. Controlling Law and Jurisdiction

These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in San Francisco County, California, and Skaffers.com and you waive any objection to jurisdiction and venue in such courts. Entire Agreement

These Terms of Service are the entire and exclusive agreement between Skaffers.com and you regarding the Services, and these Terms of Service supersede and replace any prior agreements between Skaffers.com and you regarding the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Skaffers.com services, affiliate services or third-party content software or services.

If you have any questions about these Terms of Service, please contact Skaffers.com at legal@skaffers.com