Terms of use

THIS AGREEMENT DESCRIBES THE TERMS BY WHICH POCONO BAY ("PB") OFFERS YOU ACCESS TO AN ACCOUNT (THE "ACCOUNT") AS A MEANS OF SELLING OR GIVING AWAY YOUR PERSONAL PROPERTY ON PB. BY PRESSING THE "SUBMIT" BUTTON ON THE REGISTRATION PAGE, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. In the event you chose not to accept this Agreement or by technical means can bypass/disable the "I agree to the terms of use" checkbox on the registration page, by creating an account on PB and otherwise accessing the service you shall be deemed to have agreed to be bound by the terms of this Agreement. Further, you hereby acknowledge that you choose to accept and be bound by the terms of this Agreement every time you enter or re-enter your account. If you do not agree to the terms of thie Agreement, do not use this service.

In order to participate in this service of POCONO BAY, you must read and accept the terms of the agreement below. Please read the TERMS OF USE closely.

1. TERMS OF USE (the "Agreement")

In order to use this online service, you must agree to the following provisions:
(A) You have read and will abide to the rules of listing items, found through this LINK and located at the url http://poconosbay.com/pocono_bay_rules.html
(B) You represent and warrant that you are eighteen (18) years of age or older.
(C) You represent that you are a legal resident of the State of Pennsylvania living in the area referred to as "The Poconos" and that your place of residence is within 50 miles of the Scranton Zip Code area.
(D) 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 each individual item ("Item") of Content that you post, email or otherwise make available via the Service.
(E) You understand that PB 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.
(F) The PB site and Content available through the Service may contain links to other websites, which are completely independent of PB. PB 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.
        (i) The PB site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of PB, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
        (ii) PB websites contain links to other Internet sites. PB encourages all of our partners, contributors and third party links to implement policies and practices that respect the privacy of the visitors. However, PB is not responsible for the privacy practices or the content of other websites.
(G) 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 PB 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.
(H) You acknowledge that PB does not pre-screen or approve Content, but that PB 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 Agreement or for any other reason.

2. ITEM LISTING

Listings must not misrepresent items.
Users will list items in appropriate categories.
Users will not misrepresent the item location from which their item will be shipped.
Users will not use misleading titles that do not accurately describe the item for sale. The listing of illegal items is strictly prohibited
Listings must promote a fair and level playing field, and provide an enjoyable and safe experience for buyers.

3. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the Agreement at:

http://www.poconosbay.com/agreement.php

4. LIABILITY

You will not hold PB responsible for other users' Content, actions or inactions, or items they list. PB is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, within the Poconos area of the state of Pennsylvania. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users Content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

We do not transfer legal ownership of items from the seller to the buyer. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller. Further, we cannot guarantee continuous or secure access to our services, and operation of the site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services.

Privacy

1. Information Collection and Use. PB is the sole owner of the information collected on this site. PB does not sell, rent, share or provide your private information to other firms or individuals. Currently, information can be collected on the PB web site from three different sources: 1) enrolling for membership, 2) sweepstakes and give-aways, and 3) forum subscription (forum is currently disabled).
2. Sweepstakes and Giveaways. PB is the sole owner of the information collected through sweepstakes and giveaways. Such offerings are promotional and offer incentives to join or use PB services. PB does not sell, rent, share or provide your private information to other firms or individuals.
3. Forum Subscription Lists. PB currently has no online forum feature activated. Subscribers are notified of any activities via this medium. Registration for the forums is required. Users may opt out of this feature at any time by un-subscribing to the forums. The e-mail addresses collected from subscribing to the forums are not distributed to other firms or individuals.
4. Cookies. PB does not use cookies to track any personally identifiable information. The forum (disabled) asks registered users if they wish for information to be stored. In this case cookies are used.
5. Parents. PB has no intention of collecting any personally identifiable information from individuals under eighteen years of age. If a child has provided PB with personally identifiable information, please contact us immediately if you would like this information deleted from our records. We will remove them as an authorized user and make all reasonable efforts to delete the child's information from our databases.
6. Security. PB takes every precaution to keep all information from online visitors as secure as possible against unauthorized access and use. All information is protected by our security measures, which are periodically reviewed.