Terms and Conditions for the use of WAYMADADS.COM website

These Terms and Conditions apply when you access our website to use WAYMADADS.COM, an IDENTITY DEVELOPMENTS web property. Before proceeding to use our services, please read the Terms and Conditions carefully. If you find yourself unable to agree to them, then you must not use our website. If, however, you agree to them unconditionally you will be given the opportunity to click the "I accept" checkbox during the registration process, and you will then be able to use our website to which these Terms and Conditions apply.

IDENTITY DEVELOPMENTS may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on the WAYMADADS.COM website ("the Site").

Except as stated below, all amended Terms and Conditions shall be automatically effective after they are posted on the Site.

Table of contents

General Information
Membership Eligibility
Formation of Contract
Fees and Services
The Site
WAYMADADS.COM is only a Venue
Your Information
Access and Interference
Ratings
Breach
Privacy
No Warranty
Liability Limit
Indemnity
Legal Compliance & Prohibited Items
No Agency
Notices
Arbitration
Intellectual Property
Intellectual Property Infringement
General

1. General Information

1.1 wayMadAds.com is an online classifieds and auctions website. wayMadAds.com was developed and is maintained by IDENTITY DEVELOPMENTS.

2. Membership Eligibility

2.1 Our services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms and Conditions. Without limiting the foregoing, our services are not available to minors (under 18 years of age). If you do not qualify, you are not permitted to use our services and no contract will be formed between you and IDENTITY DEVELOPMENTS.

3. Formation of Contract

3.1 In order that a legally binding contract can be formed between IDENTITY DEVELOPMENTS and a member eligible under clause 2 above, the member is required to accept these Terms and Conditions unconditionally by clicking the 'I accept' checkbox during the registration process.

3.2 IDENTITY DEVELOPMENTS in their absolute discretion reserves the right to refuse, suspend or cancel membership of any member.

3.3 These Terms and Conditions shall override any contrary terms or conditions published by IDENTITY DEVELOPMENTS or appearing on this website pertaining to members.

3.4 In consideration of IDENTITY DEVELOPMENTS agreeing to the member's use of the Site, the member agrees to comply with these Terms and Conditions.

4. Fees and Services

4.1 Registering to use our site is free of charge. IDENTITY DEVELOPMENTS charges for various services provided through the Site. IDENTITY DEVELOPMENTS reserves the right to change its fee policy and the fees charged for the Services from time to time. Changes to the registration fee policy will become effective fourteen (14) days after notice of the changes have been posted on the Site. IDENTITY DEVELOPMENTS may choose to temporarily change the fees for services offered from time to time. Such changes become effective immediately upon posting to The Site or through other forms of notice. In these instances, you will have an opportunity to review and accept the fees that you will be charged for the use of the service. Unless otherwise stated, all fees are quoted in US dollars. You are responsible for paying all fees associated with using the Services and the Site and any applicable taxes.

4.2 IDENTITY DEVELOPMENTS provides various services through the Site. These services are immediate and complete once delivered, therefore IDENTITY DEVELOMENTS is unable to offer refunds for any purchased services. We are committed to our member's satisfaction and will consider alternative remedies, however IDENTITY DEVELOPMENTS is under no obligation to offer any form of compensation of any kind nor do we make any guarantees of compensation or consideration.

4.3 The Site provides online classifieds and online auction services without warranty or guarantee of any items or services being offered within the respective ads.

4.4 Members engaging in classifieds or auctions either as the lister of said item or purchaser or bidder acknowledge that they are entering into a contract with the respective party, are capable of and willing to fulfill the terms of said contract. Auction participants should understand that said contract is formed as soon as a member places their auction and a satisfiying bid is received from another member. Completion and/or release of any contracts between members is to be handled between members.

5. The Site

5.1 IDENTITY DEVELOPMENTS reserves the right to change the content, presentation, performance, user facilities and availability of any part of the Site at its sole discretion and without notice. It is the member's responsibility to refer to and update itself in relation to any changes made. Any such changes will become effective upon posting by IDENTITY DEVELOPMENTS.

5.2 IDENTITY DEVELOPMENTS does not warrant any continuity of connection, transmission over security or results from the use of any network connection or facilities provided or omitted to be provided in connection with the use of the Site.

5.3 Where IDENTITY DEVELOPMENTS provides hyperlinks to a third parties website, IDENTITY DEVELOPMENTS shall not take any responsibility for nor does it make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by the hyperlink and IDENTITY DEVELOPMENTS does not endorse or approve the content of such third parties websites.

5.4 IDENTITY DEVELOPMENTS makes no warranty as to the continuous availability of the Site, but shall use reasonable endeavors to keep down time to a minimum.

6. WAYMADADS.COM is only a Venue

6.1 Overview. The Site acts as a venue for individuals, businesses, and organizations to interact, communicate, buy, sell, auction, and give away items. Although members may use the Site to conduct these exchanges, transactions, and communications, IDENTITY DEVELOPMENTS is not involved in the actual transaction between buyers and sellers. As a result, IDENTITY DEVELOPMENTS has no control over the quality, safety, truth, accuracy or legality of any products, items or services offered, nor any ability whatsoever to warrant or guarantee the integrity of the providers or purchasers of such products, items or services. IDENTITY DEVELOPMENTS cannot ensure that any provider or purchaser will actually complete a transaction.

6.2 Member identities. Because identification and authentication on the Internet is difficult, IDENTITY DEVELOPMENTS cannot and does not confirm each member's purported identity. IDENTITY DEVELOPMENTS allows members to give access to information about themselves to other members. If you are in any doubt as to an individual's identity you are encouraged to attempt to communicate directly with that person to further establish their credentials.

6.3 Release. In the event that you have a dispute or issue with one or more of the other members, you shall release IDENTITY DEVELOPMENTS (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

6.4 Information Control. WAYMADADS.COM is designed to help members facilitate personal and business transactions and exchanges. Information is provided by our members, many of whom use anonymous User IDs and are people we may have never met. While the accuracy and quality of information submitted by members is believed to be high, IDENTITY DEVELOPMENTS does not control the information provided by members, and you may find other member's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our Site. Please note that there are also risks in dealing with underage persons or people acting under false pretences including underage persons.

6.5 Furthermore, as you cannot be sure who any member really is, you should treat the members here in the same way that you would treat anyone you had come across for the first time. You should not rely upon the information you find at the Site but rather, you should use it as a starting point for doing independent research, then decide for yourself the accuracy and merits of the information that has been shared on our Site. As such IDENTITY DEVELOPMENTS cannot guarantee and gives no warranty as to the accuracy, veracity, or completeness of any information provided on our Site.

6.6 If you act on anything that is said or done you must do so on the basis of a considered decision of your own, having weighed the pros, cons and risks thereby fully accepting the responsibility for the success or failure of your actions. Under no circumstances shall IDENTITY DEVELOPMENTS be liable for direct, indirect, or incidental damages resulting from your use of information, products, goods or other content on the Site. You agree to indemnify IDENTITY DEVELOPMENTS against any actions, claims, proceedings, or liabilities arising from your use of or due to the content of the Site.

7. Your Information

7.1 "Your Information" is defined as any information you provide to IDENTITY DEVELOPMENTS or other users during registration, in any public message area, through feedback or any e-mail or form features.

7.2 Your Information and conduct (or any items listed therein) shall not:

be false, inaccurate or misleading
be fraudulent or involve the sale of counterfeit or stolen items
infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
be defamatory, trade libellous, unlawfully threatening or unlawfully harassing
be obscene, blasphemous, contain any pornography including without limitation child pornography or other legally restricted material
contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything
post or transmit chain letters, pyramid schemes, advertising, promotional materials, or other solicitation except as where explicitly requested by another user

7.3 You are responsible for all statements made and acts that occur through the use of your membership and password. Please don't disclose your password to anyone. If your password has been stolen, you must let us know. IDENTITY DEVELOPMENTS may at any time, and at its sole discretion, terminate your membership without prior notice to you for violating the above provisions.

7.4 IDENTITY DEVELOPMENTS may hold any member responsible for damages incurred through use of their membership by others.

7.5 While IDENTITY DEVELOPMENTS cannot review all transmissions by members, we reserve the right to, and may from time to time, monitor any information transmitted or received through our service. IDENTITY DEVELOPMENTS, at our sole discretion and without further notice to you, may review, remove, or otherwise block any information (including communications through our system) that we deem inappropriate or that violates any of this agreement.

8. Access and Interference

8.1 You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior written consent of IDENTITY DEVELOPMENTS.

8.2 You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.

8.3 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure.

8.4 Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to IDENTITY DEVELOPMENTS by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from the Site without the prior written consent of IDENTITY DEVELOPMENTS or the appropriate third party, with the exception of downloading or printing a single copy for yourself for offline viewing or where given explicit permission through the site.

9. Ratings

9.1 You may not take any actions, which may undermine the integrity of the auction feedback ratings system.

9.2 IDENTITY DEVELOPMENTS does not provide the technical ability to allow you to import ratings from other websites, as this does not reflect your true online reputation within our community.

10. Breach

10.1 Without limiting other remedies, IDENTITY DEVELOPMENTS may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide the Services to you if:

you breach this Agreement or the documents it incorporates by reference (including but not limited to our Privacy Policy)
IDENTITY DEVELOPMENTS is unable to verify or authenticate any information you provide to us; and
IDENTITY DEVELOPMENTS believe that your actions may cause legal liability for you, our members or us

11. Privacy

11.1 For details on Privacy, please review our Privacy Policy.

12. No Warranty

12.1 The Site including, without limitation, its contents, functionality, performance and features are provided on an "as available basis" at the member's sole risk and without representations or warranties of any kind and to the full extent permitted by law. IDENTITY DEVELOPMENTS and other parties involved in creating, producing or delivering the Site expressly exclude all warranties, conditions or terms express or implied, statutory or otherwise including without limitation any warranty as to satisfactory quality or any warranty or commitment that access or use will be uninterrupted or error free.

13. Liability Limit

13.1 Nothing in this agreement is intended to limit or exclude any liability on the part of IDENTITY DEVELOPMENTS where and to the extent that applicable law prohibits such exclusion or limitation.

13.2 Subject to the above statement, in no event shall IDENTITY DEVELOPMENTS, its associates, or partners be liable for any: lost profits; lost sales; lost business; lost opportunity; lost information; lost anticipated savings; or special, indirect or consequential damages (however arising, including as a result of negligence) arising out of or in connection with this agreement.

13.3 Accordingly subject to clause 13.1, you agree not to bring a claim of any nature against IDENTITY DEVELOPMENTS in relation to the use of or access to the Site, except where such a claim cannot be excluded by law. You acknowledge and agree that IDENTITY DEVELOPMENTS will have the right (subject to the discretion of the Court) to a stay of proceeding if you bring any claim against IDENTITY DEVELOPMENTS in breach of the foregoing.

14. Indemnity

14.1 You agree to indemnify, defend and hold harmless IDENTITY DEVELOPMENTS and its subsidiaries, affiliates, officers, directors, agents, and employees, from and against any claim, demand, liability, cost, damage or loss it may incur, including legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

15. Legal Compliance & Prohibited Items

15.1 You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.

15.2 You shall be aware of any rules, regulations or requirements for any items you list and may be held accountable for any illegal activities.

15.3 Specifically the sale of hazardous, dangerous materials, firearms, ammunition, explosives, alcohol, tobacco, or illegal goods is prohibited.

15.4 Any sellers operating as a business should verify their requirements for the collection of sales or use taxes.

16. No Agency

16.1 You agree that you and IDENTITY DEVELOPMENTS are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

17. Notices

17.1 All notices required to be served on IDENTITY DEVELOPMENTS shall be sent to the contact address: Identity Developments, 3134 Dorchester Way Unit 4, Madison, WI 53719, or sent through our online contact form as found in the Contact Us section of the Site.

18. Arbitration

18.1 Any controversy or claim arising out of or relating to this Agreement or IDENTITY DEVELOPMENTS' Services shall be settled by an arbitration tribunal designated by IDENTITY DEVELOPMENTS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the County of Dane, Madison, Wisconsin, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or IDENTITY DEVELOPMENTS may seek any interim or preliminary relief from a court of competent jurisdiction in the U.S. necessary to protect the rights or property of you or us pending the completion of arbitration.

19. Intellectual Property

19.1 You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trademarks and trade names) in the Site belongs to IDENTITY DEVELOPMENTS or its third party licensors. Accordingly, any part of this Site (or its source code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing this Site, meaning that you may only display it on its computer screen and print it out on its printer for the sole purpose of viewing its content in connection with the Services.

19.2 Copyright and all other intellectual property rights subsisting in each and every piece of information provided on the Site is owned by IDENTITY DEVELOPMENTS or the third party providers of such information. You may use information retrieved from the Site only for the purposes of the Services.

19.3 No person other than the rightful owner or licensee of any copyright and other intellectual property rights may:

19.3.1 distribute, modify, transmit, re-use, re-post, or use any or all of the information on this Site for any purpose other than as set out above nor for public or commercial purposes without IDENTITY DEVELOPMENTS' or the relevant licensee's prior written permission;

19.3.2 provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the IDENTITY DEVELOPMENTS' Services without IDENTITY DEVELOPMENTS' or the relevant licensee's prior written permission;

19.3.3 display, publish, copy, print, post or otherwise use the IDENTITY DEVELOPMENTS Services and the information contained therein for the benefit of any other website without IDENTITY DEVELOPMENTS' or the relevant licensee's prior written permission;

19.3.4 process or otherwise use the information contained on or within the IDENTITY DEVELOPMENTS' Services for any illegal or immoral purpose nor use or process the same unfairly.

19.4 You agree and accept that IDENTITY DEVELOPMENTS may publish or otherwise distribute your Information and you therefore grant to IDENTITY DEVELOPMENTS an irrevocable, perpetual, non-exclusive right and license to publish the Listings and all content contained therein on or within the Site, on any other media whatsoever and in its own advertising and promotion.

19.5 You therefore hereby undertake to IDENTITY DEVELOPMENTS to indemnify and hold harmless IDENTITY DEVELOPMENTS in full and defend at its own expense IDENTITY DEVELOPMENTS against all claims, liabilities, costs and losses whatsoever and however incurred by IDENTITY DEVELOPMENTS its servants or nominees arising out of any claim made against it in any jurisdiction in the world for infringement of any intellectual property rights of any third party caused by your use of the Site and your Information.

19.6 IDENTITY DEVELOPMENTS, WAYMADADS.COM, the WAYMADADS.COM logo and the IDENTITY DEVELOPMENTS logo are the property of IDENTITY DEVELOPMENTS, the use of which is expressly forbidden by any other persons without the express permission of IDENTITY DEVELOPMENTS.

19.7 IDENTITY DEVELOPMENTS makes no warranty or representation in respect of any other trademark or trading name, symbol or device, all of which are hereby acknowledged. If you have any questions in relation to the use of any marks contained within the WAYMADADS.COM site please contact IDENTITY DEVELOPMENTS.

20. Intellectual Property Infringement

20.1 Contributors might share messages and information that they have electronically copied from other sources. As there are many thousands of possible sources spread out across the Internet, it is impossible for IDENTITY DEVELOPMENTS to know if a listing or other content contribution infringes a third party's intellectual property right and to what degree.

20.2 If you believe that your intellectual property right has been infringed, it is your obligation to notify IDENTITY DEVELOPMENTS immediately. IDENTITY DEVELOPMENTS accepts no liability for copyright infringement by any of its members though IDENTITY DEVELOPMENTS will endeavor to protect any rights owner through appropriate action should any infringement come to light.

21. General

21.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out of these Terms and Conditions and the remaining provisions shall remain in force. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. IDENTITY DEVELOPMENTS' 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.

21.2 The laws of your jurisdiction may be different in numerous respects. There is no practical way for IDENTITY DEVELOPMENTS to monitor the laws of every jurisdiction in detail. Please do not assume that you are allowed to do what other members do. WAYMADADS.COM does not approve or validate transactions, advice or communications, and you accept sole responsibility for the legality of your actions under laws applying to you.

21.3 IDENTITY DEVELOPMENTS does not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered on the Site. Please do not assume that such items offered will be harmless to people or property.

21.4 These rules are in addition to all others contained in the agreement. You are responsible for checking that your activities are all lawful according to the local laws in your jurisdiction.