Terms of Use

Portland Mercury Classified Guidelines and Terms of Use

Please review the following Terms of Use and Guidelines, which are intended to constitute a binding license agreement that conditions your use of this site. If you choose not to be bound by this Agreement after you have read it, please leave The Portland Mercury 's Classifieds site. If you remain on this site, or return thereafter, you agree to be bound by this Agreement.

  1. Classified/Discussion Board Guidelines
    1. The Portland Mercury reserves the right to remove any classified ad or discussion board listing without notice, warning or refund.
    2. The Portland Mercury does not control the content of the classifieds ads or discussion board listing, nor does it guarantee the accuracy or quality of the content. Users of this system understand that by browsing The Portland Mercury 's Classifieds, that you will be reading content that could be objectionable to you. Under no circumstances will The Portland Mercury be liable in any way for any classified ad or discussion board listing, including, but not limited to: any errors or omissions in any ad, any loss or damage of any kind incurred as a result of the use of any content posted in the Portland Mercury 's Classifieds.
    3. Use of this site indicates that you agree to the following:
      1. To never sell anything illegal.
      2. Fully and accurately describe your service or sale item.
      3. You are entirely responsible and liable for any content you post or any content that is posted through your account.
      4. You will follow these terms and guidelines.
    4. The Portland Mercury reserves the right to modify or discontinue any and all parts of the site, all without notice even though such changes may change the way you use the site. You agree that the The Portland Mercury shall not be liable to you or to any third party for any modification, suspension or discontinuance of the classified listing and display system.
  2. Content Posting Guidelines
    1. You agree not to use the The Portland Mercury Classifieds to:
      1. Create content that is damaging, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
      2. Misrepresent yourself in any way;
      3. Post an advertisement that infringes any trademark, patent, trade secret, copyright or other proprietary rights of another party;
      4. Include any information about an individual other than yourself in a listing;
      5. Post any spam, scam or unsolicited promotional information;
      6. Post any material that contains software viruses or any other damaging computer files;
      7. Save personal information about other users;
      8. Delete or alter any material posted by another user;
    2. The information you provide to The Portland Mercury 's Classifieds shall not:
      1. violate any law, statute, ordinance or regulation;
      2. be fraudulent or involve the sale illegal items;
      3. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
      4. be false, inaccurate or misleading;
      5. contain any software viruses or any other damaging computer files;
      6. create liability for us;
      7. discriminate on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, or refers to matters in any matter prohibited by law.
    3. The Portland Mercury has the right (but not the obligation) to: edit your content, limit your activity, immediately remove or delete your listings, warn other users of your actions, issue a warning, suspend or terminate your membership and refuse to provide our services for any reason and with no warning.
    4. Fair Housing. All real estate advertising is subject to Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended. Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). The Portland Mercury will not knowingly accept any real estate advertisements which are in violation of any applicable law. Users are hereby informed that all dwellings advertised on The Portland Mercury Classifieds are available on an equal opportunity basis. To complain of discrimination call HUD toll-free at 1-800-669-9777. The toll-free number for the hearing impaired is 1-800-927-9275.
  3. Content Rights of the The Portland Mercury Classifieds site
    1. The user grants The Portland Mercury the following world-wide, royalty free and non-exclusive license(s), as applicable:
      1. All graphics, audio or video you submit or make available for inclusion in The Portland Mercury's classified site, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the classified listing system solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the classified listing system and will terminate 120 days after the time you remove or the site removes such Content from the Classified listing system.
      2. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion in The Stranger's classified system, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
  4. Other Terms of Use
    1. Copyright and Intellectual Property Law Restrictions. Except for public domain material, the content on this site is protected by intellectual property laws, including U.S. copyright laws. All content Copyright 2005 Index Newspapers LLC.
    2. Links. The Portland Mercury has no control over and not responsible for the content in linked sites and make no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation or endorsement and you access them at your own risk.
    3. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR OWN RISK. The Stranger shall not be responsible for any content found in the ads on this site.THERE IS NO WARRANTY THAT YOUR ACCESS TO OR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY PARTICULAR RESULTS MAY BE OBTAINED BY USE OF THIS SITE. THIS SITE IS MADE AVAILABLE ON AN "AS IS" and "as available" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER WE NOR ANY OTHER PERSON OR ENTITY PROVIDING CONTENT VIA THIS SITE SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.
    4. If you are dissatisfied with the site, or any aspect thereof, or do not agree with these terms, your only recourse and exclusive remedy shall be to stop using the site.
    5. Modifications/Termination. The terms of this agreement will not be modified on an individual basis. You agree that we may modify the terms of this Agreement (or discontinue this site) in our sole discretion, without advance notice, and that your right to access this site is conditioned on an ongoing basis with your compliance with the then-current version of these Terms and Conditions. You should therefore visit this page frequently.
    6. Indemnity. You agree to indemnify and hold harmless the Indemnified Parties from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms by you, or the infringement by you, or other users of the Site using your computer, of any intellectual property or other right of any person or entity. The Portland Mercury reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
    7. Jurisdiction. The Portland Mercury Classifieds is hosted on servers located in the United States of America and is intended to be viewed by residents of the United States only. In the event of any dispute arising out of or relating to this site, you agree that the exclusive venue for litigating disputes shall be in state or federal court in Seattle, Washington. You also 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 this Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    8. Severance and Waiver. User acknowledges and agrees that if any provision of these Terms and Guidelines shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Guidelines and shall not affect the validity and enforceability of any remaining provisions. You also acknowledge and agree that The Portland Mercury will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose information or materials in our possession. Furthermore, if any provision of these 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. The Portland Mercury’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Portland Mercury or Index Newspapers LLC.
    9. Violations and Misuse. Please report any violations of these terms or misuse of the system to violations@portlandmercury.com.