https://www.schmules.com/help/terms

Terms of Service

Last Updated: 2/20/2020

 

RULES SCHMULES! Welcome to Schmules. We hate rules, but there are a few individuals that have caused us to create what we hate most – rules!

We (Schmules, Inc.) hope you find our site useful, engaging and fun. Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the Terms of Service of this agreement. If you do not agree to all the Terms of Service of this agreement, then you may not access the site or use any services. By accessing or otherwise interacting with our website (“Schmules”, “Site”, or “Schmules Site”), software, servers, services, or any associated (any such material, "Content"), you (“you”, “You”, or “Member”), a user of the Schmules site agree to these Terms of Service. You acknowledge and agree Schmules is a private site owned and operated by Schmules, Inc. Anytime you are accessing or using Schmules on behalf of a business as their representative, that representative and business agrees to the Terms of Service. If at any time you do not agree to the Terms of Service, you or the business are not authorized to use Schmules.

 

We reserve the right to modify the Terms of Service at any time and at our sole discretion. You are responsible for periodically reviewing for changes and are bound by them if you continue to use Schmules. Our privacy policy: https://www.schmules.com/help/privacy, prohibited content (detailed below), and any other policies, site rules, and agreements referenced below or on Schmules, are fully incorporated into this Terms of Service, and you agree to them as well.

 

MEMBER NUMBER

If you agree to the Terms of Service and (1) are of sufficient age of 18 years old or older with the capacity to use Schmules and be bound by the Terms of Service, or (2) use Schmules as a representative on behalf of a business, thereby binding that business to the Terms of Service, we grant you revocable, exclusive, Member Number (your member profile number), free of charge or with a subscription to use Schmules in compliance with the Terms of Service; non-member use is unauthorized. You agree not to display, "frame," make derivative works, distribute, license, or sell, content from Schmules, excluding postings you create. By submitting Content to Schmules for inclusion on our site, you grant Schmules a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content for the purpose of displaying, distributing, promoting, marketing or any other lawful use.

 

MEMBER USE

Unless licensed by us in a written agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with Schmules, e.g. for downloading, uploading, creating/accessing/using your member account, posting, reporting, emailing, searching, or mobile use. You agree not to copy/collect Schmules content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand), or that embeds malicious scripts or viruses. False advertising, misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling listings. You agree not to post content that is prohibited by any of Schmules’ policies or rules referenced herein ("Prohibited Content"). You agree not to abuse Schmules’ reporting (“Report”) processes by reporting content that is not illegal, but you do not approve of. You agree not to collect Schmules member information or interfere with Schmules. You agree we may moderate Schmules access/use at our sole discretion, e.g., by terminating, deleting, blocking, or verifying your access/member account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.

 

CONTENT OWNERSHIP

You as a member are solely responsible for any content you create, display, or share. By creating and transmitting content through Schmules, you represent that you have all rights and authorizations necessary to display such content. You agree not to create, display, or share content that is intellectual property of a third party that you do not have permission to disseminate. You agree not to infringe upon the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. You agree that if you ignore the intellectual property rights of third parties the sole legal responsibly is on you (“Member”). Schmules does not nor will not act as any members representative of any illegal content, or actions.

You agree that by using Schmules you will not create Groups or Pages with the intent of collecting, selling member names or content. You agree not to offer to sell, auction, barter, wager or sell Groups or Pages that you manage. You agree as an admin of Groups or Pages that if you no longer wish to manage, you may Transfer Ownership without incentivization.

 

THIRD PARTY SERVICES

Schmules uses PayPal for processing payments. Schmules does not have or want access to your credit card information. If you have any security concerns in reference to a PayPal payment, please contact PayPal at: https://www.paypal.com/

 

PUBLIC FORUM

Under Section 230 of the Communications Decency Act, Schmules is a Public Forum (Social Media site,) which does not have the right to limit members free speech. Not protected by the First Amendment of of the U.S. Constitution is a bulleted list.

 

You agree NOT to create content including any of the following:

 

  • * Abuse

  • * Blackmail

  • * Child pornography

  • * Defamation (including libel and slander)

  • * Fighting words (language intended to incite breech of peace)

  • * Fraud

  • * Inciting violence (immanent lawless action or clear and present danger)

  • * Incitement to suicide

  • * Perjury

  • * Plagiarism or intellectual property rights that are copyrighted or trademarked

  • * Obscenity

  • * Solicitation to commit crimes

 

ADDITIONAL PROHIBITED CONTENT

Content that violates any law or regulation in your country, state, region, province, county, city, or other locales from where you are creating, displaying or sharing content.

 

You agree NOT to create content including any of the following:

 

  • * Goods or services that violates the law or legal rights of others

  • * Other members intellectual property of personal information; email, identifying information, confidential or proprietary information

  • * Used items containing bodily fluids or hazardous materials; cosmetics, panties, etc.

  • * Content with sexually explicit poses, nudity (excluding art, medical intended for educational purposes, or historical reference), pornography, offers, facilitation or solicitation of prostitution or sex trafficking

  • * Content meant to falsify, deceive, mislead, or contain fraudulent information; bait and switch; keyword spam

  • * Scams; affiliate marketing, networking, or multi-level marketing using pyramid type schemes

  • * Fake check scams – promising to pay with certified checks which are phony

  • * Crowdfunding scams; someone asking for money you don’t know, or persons not in need of financial, medical or other relief

  • * Stolen property - property with serial number removed, items altered, or in possession of by illegal means

  • * ID cards, licenses, police insignia's, government documents, birth certificates, etc.

  • * Items that may be counterfeit, replicas, or pirated; gift cards, lottery tickets, raffle or sweepstakes tickets, coupons or promotions
  • * Non-transferable Government aid; SNAP, food stamps, WIC vouchers or goods

  • * Military items not demilitarized by the Department of Defense
  • * Explosives, incendiaries, firearms, firearm parts, or ammunition regulated by (FFL) Federal Firearms License by an unlicensed dealer
  • * Alcohol, tobacco, inhalants, vaping products, drugs (over the counter, prescribed, or illegal), controlled substances, or medical devices requiring a prescription

  • * Home brews, concoctions, poisons or poisonous plants
  • * Meat not intended for retail sale without FDA Approval, or food (milk, cheese, etc.) from unlicensed individuals

  • * Species or Artifacts, or parts thereof, that are endangered, imperiled, or protected

  • * Content intentionally miscategorized, spam, over-posted, cross-posted in classifieds to target specific criteria; i.e. trailers in the animal’s category; or non-local content, content posted on the Public Network for advertising purposes, or content posted on the Public Network that has a specific network created for it (news, politics, etc.,) content created in any Networks of Interest advertising their product or service that is not specific to the networks content theme (advertising sports products in the Cooking Network, etc.)

 

Schmules reserves the right to delete any content that does not comply with our Terms of Service. Members who create or share prohibited content are subject to member suspension or deletion. Inactive accounts (six months or more) may be deleted without notice.

 

 

MEMBER SUSPENSION/DELETION

You as a member are welcome to delete your member account at any time. Schmules reserves the right to suspend or delete members for spamming with unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).

 

CONTENT PRIVACY

Schmules does not collect data from members third-party apps or webservices like many other social media sites do.

 

MEMBER IDENTIFICATION

Schmules does not use facial recognition and only verifies members or Pages that request to be verified. Public personas may want to be verified. giving their audience trust in their member recognition to improve interaction between them and members. Schmules does not ID members, unless they request to be Verified. Members may use an alias if they so desire. Aliases are common with those in military and law enforcement. If they wish to create a member account, we do not delete their accounts if they chose to use an alias. Aliases are not illegal, therefore, Schmules welcomes every member. Secretive or not. Schmules will not verify any member who submits documents that do not match their member name.

 

PASSWORDS

Schmules admins or moderators do not have access to your password. Lost passwords or forgotten passwords can be requested by using our systems recovery by accessing: https://www.schmules.com/user/auth/forgot . Please do not message Schmules if you are unable to utilize our recovery system. We will be unable to assist you. You will need to create a new member account.

 

REFUNDS

You agree that advertised content violating our Prohibited Content rules will be deleted without refund. Because we cannot determine how members will or will not interpret the productivity of advertisements on your content, nor can we guarantee results, we do not issue refunds.

 

BEST PRACTICES

You agree to use safe and sensible practices when using Schmules. If you are unsure if a product or service is being sold illegally in your area on Schmules Classifieds, please contact your local law enforcement agencies, non-emergency line to verify. If the item is illegal, please report the item using our Report system so we can remove it. When meeting members, use safe practices like public places to pick-up items, or take friends with you when meeting at a specified locale. Pay, or get paid in cash. PayPal is a great way to pay as well – just be careful on large purchases since someone could dispute the payment after the transaction, therefore holding up your payment. You agree that Schmules is not responsible for members actions, before, during, or after a transaction involving content from our site.

 

DISCLAIMER & LIABILITY

To the full extent permitted by law, Schmules, Inc., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("SCHMULES Entities") (1) make no promises, warranties, or representations as to Schmules, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide Schmules on an "AS IS" and "AS AVAILABLE" basis and any risk of using Schmules is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with Schmules. Schmules Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to Schmules, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.

 

CLAIMS & INDEMNITY

Any claim, cause of action, demand, or dispute arising from or related to Schmules ("Claims") will be governed by the internal laws of Texas, without regard to conflict of law provisions, except to the extent governed by United States federal law. Any Claims will be exclusively resolved by courts in Greenville, TX (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Greenville, Hunt County, TX; (2) indemnify and hold Schmules Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of Schmules; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.

 

DAMAGES

You further agree that if you violate the USE section, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for damages governed by the internal laws of Texas, in the United States of America.

 

MISC.

Users complying with prior written licenses may access Schmules thereby until authorization is terminated. Otherwise this is the exclusive and entire agreement between us and you (“Member”), and our actions or silence toward you or anyone else does not waive, modify, or limit the Terms of Service or our ability to enforce it. The USE and CLAIMS & INDEMNITY sections survive termination of the Terms of Service, and you will remain bound by those sections. If a Terms of Service term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the Terms of Service controls over any translations. If you reasonably believe content infringes your IP rights, please use the reporting system to contact an administrator immediately, supplying links, imagery, and ownership rights.

 

COPYRIGHT INFRINGEMENT, DMCA POLICY, GDPR and CCPA COMPLIANCE

As Schmules asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Schmules violates your copyright, you are encouraged to notify Schmules in accordance with common DMCA policies. Schmules will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a member who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Schmules or others, Schmules may, in its discretion, terminate or deny access to and use of the Website. Schmules prides itself in being DMCA, GDPR and CCPA compliant. We do not nor will not share your information with third party providers, other than PayPal during purchases on Schmules when your email may be used to parse the payment process. You may visit our Privacy Center for resources on how we use your personal data, or to learn more: https://www.schmules.com/privacy-center

 

LAW ENFORCEMENT

Subpoenas and Warrants – Schmules does not waive the need for due process as to any legal document.

 

FAQ

You agree to use the tutorials section designed to help you use Schmules before contacting an admin. Please visit our FAQ – Frequently Asked Questions page for help before contacting our Schmules Admin.

 

CONTACT

If you need to contact the Schmules Admin, please feel free to do so by messaging our inbox. In order to message us, please select the following link, then click on the "Send Message" button: https://www.schmules.com/profile/3


If you are not following the Schmules Admin, please send a follow request. Following the Admin is a great way to find out about new products or services we are bringing to you. 

 

 

 

 

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