WELCOME TO CRAIGSLIST. We (craigslist, Inc.) hope you find
it useful. By accessing or otherwise interacting with our servers,
services, websites, mobile app ("App"), or any associated
content/postings (together, "CL"), you agree to these Terms of Use
("TOU") (last updated August 16, 2019). You acknowledge and agree CL is
a private site owned and operated by craigslist, Inc. If you are
accessing or using CL on behalf of a business, you represent and
warrant to CL that you have authority to accept the TOU on behalf of
that business and that that business agrees to the TOU. If you do not
agree to the TOU, you are not authorized to use CL or download the App.
We may modify the TOU at any time in our sole discretion. You are
responsible for periodically checking for changes and are bound by them
if you continue to use CL. Our privacy policy
(cl.com/about/privacy.policy),
https://cl.com/about/privacy.policy
prohibited list (cl.com/about/prohibited),
https://cl.com/about/prohibited
and all other policies, site rules, and agreements referenced below or
on CL, are fully incorporated into this TOU, and you agree to them as
well.
LICENSE. If you agree to the TOU and (1) are of sufficient
age and capacity to use CL and be bound by the TOU, or (2) use CL on
behalf of a business, thereby binding that business to the TOU, we
grant you a limited, revocable, non-exclusive, non-assignable license
to use CL in compliance with the TOU; unlicensed use is unauthorized.
You agree not to display, "frame," make derivative works, distribute,
license, or sell, content from CL, excluding postings you create. You
grant us a perpetual, irrevocable, unlimited, worldwide, fully
paid/sublicensable license to use, copy, display, distribute, and make
derivative works from content you post.
USE. Unless licensed by us in a separate written or
electronic agreement, you agree not to use or provide software (except
our App and general purpose web browsers and email clients) or services
that interact or interoperate with CL, e.g. for downloading, uploading,
creating/accessing/using an account, posting, flagging, emailing,
searching, or mobile use. You agree not to copy/collect CL content via
robots, spiders, scripts, scrapers, crawlers, or any automated or
manual equivalent (e.g., by hand). Misleading, unsolicited, and/or
unlawful postings/communications/accounts are prohibited, as is buying
or selling accounts. You agree not to post content that is prohibited
by any of CL's policies or rules referenced above ("Prohibited
Content"). You agree not to abuse CL's flagging or reporting processes.
You agree not to collect CL user information or interfere with CL. You
agree we may moderate CL access/use in our sole discretion, e.g., by
blocking, filtering, re-categorizing, re-ranking, deleting, delaying,
holding, omitting, verifying, or terminating your
access/license/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. Unless licensed by
us in a separate written or electronic agreement, you agree not to (i)
rent, lease, sell, publish, distribute, license, sublicense, assign,
transfer, or otherwise make available CL or our application programming
interface ("API"), (ii) copy, adapt, create derivative works of,
decompile, reverse engineer, translate, localize, port or modify the
App, the API, any website code, or any software used to provide CL,
(iii) combine or integrate CL or the API with any software, technology,
services, or materials not authorized by us, (iv) circumvent any
functionality that controls access to or otherwise protects CL or the
API, or (v) remove or alter any copyright, trademark or other
proprietary rights notices. You agree not to use CL or the API in any
manner or for any purpose that infringes, misappropriates, or otherwise
violates any intellectual property right or other right of any person,
or that violates any applicable law.
LIQUIDATED DAMAGES. You further agree that if you violate
the TOU, or you encourage, support, benefit from, or induce others to
do so, you will be jointly and severally liable to us for liquidated
damages as follows for: (A) collecting/harvesting CL users'
information, including personal or identifying information - $1 per
violation; (B) publishing/misusing personal or identifying information
of a third party in connection with your use of CL without that party's
express written consent - $1,000 per violation; (C) misrepresenting
your identity or affiliation to anyone in connection with your use of
CL - $1,000 per violation; (D) posting or attempting to post Prohibited
Content - $4 per violation; (E) posting or attempting to post
Prohibited Content in any paid section of CL - the price per post
applicable to that section of CL; (F) sending an
unauthorized/unsolicited email to an email address obtained from CL -
$25 per violation; (G) using CL user information to make/send an
unauthorized/unsolicited text message, call, or communication to a CL
user - $500 per text/call/communication; (H) creating a misleading or
unlawful CL account or buying/selling a CL account - $4 per violation;
(I) abusing or attempting to abuse CL's flagging or reporting processes
- $1 per violation; (J) distributing any software to facilitate
violations of the USE Section - $1,000 per violation; (K) aggregating,
displaying, framing, copying, duplicating, reproducing, making
derivative works from, distributing, licensing, selling, or exploiting
CL content for any purpose without our express written consent - $3,000
for each day you engage in such violations; (L) requesting, viewing, or
accessing more than 1,000 pages of CL in any 24-hour period - $0.25 per
page during the 24 hour period after the first 1,000 pages; (M)
bypassing or attempting to bypass our moderation efforts - $4 per
violation. You agree that these amounts are (1) a reasonable estimate
of our damages (as actual damages are often difficult to calculate),
(2) not a penalty, and (3) not otherwise limiting on our ability to
recover under any legal theory or claim, including statutory damages
and other equitable relief (e.g., for spam, we can elect between the
above liquidated damages or statutory damages under the anti-spam
statute). You further agree that repeated violations of the USE section
will irreparably harm and entitle us to injunctive or equitable relief,
in addition to monetary damages.
FEES. When you make a paid posting
(cl.com/about/help/posting_fees),
https://cl.com/about/help/posting_fees
you authorize us to charge your account. Any tax is additional. Fees
are non-refundable, even for posts we remove, delay, omit,
re-categorize, re-rank, or otherwise moderate. We may refuse any
posting.
DISCLAIMER & LIABILITY. To the full extent permitted by
law, craigslist, Inc., and its officers, directors, employees, agents,
licensors, affiliates, and successors in interest ("CL Entities") (1)
make no promises, warranties, or representations as to CL, including
its completeness, accuracy, availability, timeliness, propriety,
security or reliability; (2) provide CL on an "AS IS" and "AS
AVAILABLE" basis and any risk of using CL 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 all warranties arising from course of dealing,
usage, or trade practice; and (4) disclaim any liability or
responsibility for acts, omissions, or conduct of you or any party in
connection with CL. CL 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 CL, 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 CL ("Claims") will be governed by
the internal laws of California, without regard to conflict of law
provisions, except to the extent governed by US federal law. Any Claims
will be exclusively resolved by courts in San Francisco, CA (except we
may seek preliminary or injunctive relief anywhere). You agree to (1)
submit to the personal jurisdiction of courts in San Francisco, CA; (2)
indemnify and hold CL Entities harmless from any Claims, losses,
liability, or expenses (including attorneys' fees) that arise from a
third party and relate to your use of CL; 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.
TRADEMARKS. CRAIGSLIST, "CL" and the peace symbol logo are
registered trademarks with the U.S. Patent and Trademark Office and
with multiple trademark offices around the world.
MISC. Unless you have entered into a separate written or
electronic agreement with us that expressly references the TOU, this is
the exclusive and entire agreement between us and you, and supersedes
all prior and contemporaneous understandings, agreements,
representations, and warranties, both written and oral. Users complying
with prior written licenses may access CL thereby until authorization
is terminated. Our actions or silence toward you or anyone else does
not waive, modify, or limit the TOU or our ability to enforce it. The
USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive
termination of the TOU, and you will remain bound by those sections. If
a TOU 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 TOU controls over any
translations. If you reasonably believe content infringes your IP
rights, see cl.com/about/dmca.
