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Terms and
Conditions
This Web
site (www.Classifieds.com.au)
is an interactive online service operated by
Advertise Limited a subsidiary of EINFO Pty Limited.
Classifieds.com.au
offers users information services and content provided by Classifieds.com.au
and its partners, their affiliates and other information
providers. (View our privacy statement)
User
Agreement. In order to protect the interests of all of
our users, as well as those of our information providers,
we ask that you abide by the following rules. By
registering as a user or by using www.Classifieds.com.au
(the “Service”), you hereby agree to be bound by all
of the following terms and conditions (“Terms of
Service” or “TOS”).
Termination
of Service. You understand and agree that in Classifieds.com.au’s
sole discretion, and without prior notice, Classifieds.com.au
may terminate your access to this web site and the Service
or exercise any other remedy available and remove any
unauthorized User Content, if Classifieds.com.au
believes that your use of the Web site, Service and/or any
User Content you provided has violated or is inconsistent
with these Terms of Service, violated the rights of Classifieds.com.au,
another User or the law. You agree that monetary damages
may not provide a sufficient remedy to Classifieds.com.au
for violations of these terms and conditions and you
consent to injunctive or other equitable relief for such
violations. Classifieds.com.au is not required to
provide any refund to you if you are terminated as a User
because you have violated these Terms of Service.
Copyright
Notice and Limitations on Use. All of the information,
content and services (collectively, the “Content”)
within this Service are protected by copyright and other
intellectual property laws. The Content is owned by Classifieds.com.au
and its affiliated companies, licensors and suppliers. The
Content is intended for personal use only. While you may
interact with or download a single copy of any portion of
the Content for your personal, non-commercial entertainment, information or use, you may not reproduce,
sell, publish, distribute, modify, display, repost or
otherwise use any portion of the Content in any other way
or for any other purpose without the written consent of Classifieds.com.au.
Requests regarding use of the Content for any purpose
other than personal, non-commercial use should be directed
to information@Classifieds.com.au
or to Classifieds.com.au PO Box 1945 Dubbo
NSW Australia 2830.
You
acknowledge that the Content includes certain trademarks
and service marks owned by Classifieds.com.au and it
partners including the name “Classifieds.com.au”
and certain logotypes, as well as trademarks owned by
other information providers. You agree not to copy, use or
otherwise infringe upon these trademarks or service marks.
You further agree that you will not alter or remove any
trademark, copyright or other notice from any copies of
the Content.
“Classifieds.com.au”
is a trademark. Other product and company names herein may
be trademarks of their respective owners.
If you
operate a Web site and wish to link to the Service, you
must link to the Service’s home page unless permission
otherwise has been granted in writing by Classifieds.com.au
Permissions. Classifieds.com.au reserves the right
to reject or terminate any links to the Content or the
Service.
Associated
Press text, photo, graphic, audio and/or video material
shall not be published, broadcast, rewritten for broadcast
or publication or redistributed directly or indirectly in
any medium. Neither these AP materials nor any portion
thereof may be stored in a computer except for personal
and non-commercial use. AP will not be held liable in any
way to the User or to any third party or to any other
person who may receive information in the Service or to
any other person whatsoever, for any delays, inaccuracies,
errors or omissions there from or in the transmission or
delivery of all or any part thereof or for any damages
arising from any of the foregoing or occasioned thereby.
Interactive
Areas. The Service’s forums, bulletin boards and
chat rooms are provided to give users 18 years of age and
older an interesting and stimulating forum in which they
can express their opinions and share their ideas. Classifieds.com.au
and its partners do not endorse the accuracy or
reliability of any advice, opinion, statement or
information posted on these forums, message boards,
bulletin boards or chat rooms. Please use your best
judgment, and be respectful of other individuals using
these forums. Do not use vulgar, abusive or hateful
language. You may not use the Service’s message boards,
bulletin boards or chat rooms for advertising or
promotional materials or other forms of solicitation.
Uploading copyrighted or other proprietary material of any
kind on the Service without the express permission of the
owner of that material is prohibited and may result in
civil and/or criminal liability.
Given the
nature of the Service and the volume of messages and
postings, Classifieds.com.au cannot and does not
monitor all of the material posted or transmitted by users
and third-party information providers. While you agree
that Classifieds.com.au will not be liable for such
third-party content, Classifieds.com.au reserves
the right to delete, move or edit any communications or
content that it deems in its sole discretion to be
violative of this Term Of Service; harmful to individuals
or communities; obscene; defamatory; in violation of Classifieds.com.au’s
or any third-party’s rights; or otherwise unacceptable.
User
Content. By placing material on or communicating with
the www.Classifieds.com.au
web site and the Service, you hereby grant to Classifieds.com
and its partners, and their affiliates and related
entities (collectively, “the Partners”) the
royalty-free, perpetual, irrevocable, nonexclusive right
and license to use, copy, modify, display, distribute and
reproduce all such materials in any form, media, software
or technology of any kind now existing or developed in the
future. You also agree to indemnify, defend and hold Classifieds.com.au
and the Partners harmless against any claims or costs,
including attorneys’ fees, arising from the use or
distribution of those materials. You further grant Classifieds.com.au
and the Partners the right to use your name in connection
with the reproduction or distribution of such material.
Prohibited
Activities and Content. The following is a partial
list of the kinds of activities and content that are
prohibited on or through the Service: (a) submitting
content that is patently offensive to the online
community, such as content that promotes racism, bigotry,
hatred or physical harm of any kind against any group or
individual; (b) engaging in activities or submitting
content that could be harmful to minors; (c) engaging
activity or submitting content that harasses or advocates
harassment of another person; (d) engaging in activity
that involves the transmission of “junk mail” or
unsolicited mass mailing or “spam”; (e) engaging in
activity, or submitting content, or promoting information
that is false, misleading or promotes illegal activities
or conduct that is abusive, threatening, obscene,
defamatory or libelous; (f) submitting content that
contains restricted or password only access pages, or
hidden pages or images; (g) submitting content that
displays pornographic or sexually explicit material of any
kind; (h) submitting content that provides instructional
information about illegal activities such as making or
buying illegal weapons, violating someone’s privacy, or
providing or creating computer viruses; (i) engaging in
activities or submitting content that solicit passwords or
personally identifiable information for commercial or
unlawful purposes from other users; and (j) engaging in
commercial activities and/or sales without our prior
written consent such as contests, sweepstakes, barter,
advertising, and pyramid schemes.
Access to
the Service. You agree that you will not: (a) use any
robot, spider, other automatic device, or manual process
to monitor or copy web pages or the Content contained in
the Service or for any other unauthorized purpose without
our prior expressed written permission; (b) use any
device, software, or routine to interfere or attempt to
interfere with the proper working of the Service and the Classifieds.com
web site; and (c) take any action that imposes an
unreasonable or disproportionately large load on Classifieds.com.au’s
hardware and software infrastructure.
Classifieds.com.au
does not accept unsolicited materials or ideas for use or
publication in its programming or in other digital,
electronic or print media except in connection with the
forums, chat rooms and bulletin boards on the Service. Classifieds.com.au
and the Partners shall not be responsible for the
similarity of any of its content or programming in any
media to materials or ideas transmitted to the Service.
Copyrights
and Copyright Agents. It is the policy of Classifieds.com.au
to respond to claims of intellectual property
infringement. Classifieds.com.au will promptly
process and investigate notices of alleged infringement
and will take appropriate actions under the applicable
intellectual property laws.
Pursuant to
the applicable intellectual property laws
notifications of claimed copyright infringement should be
sent to a Service Provider’s Designated Agent.
Notification must be submitted to the following Designated
Agent for these sites:
Classifieds.com.au
PO Box 1945
Dubbo NSW 2830
Australia
Phone: 61 2 6884 4636
Email: info@classifieds.com.au
To be effective, the notification must be a written
communication that includes the following:
-
A
physical or electronic signature of a person
authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
-
Identification
of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a
single online site are covered by a single
notification, a representative list of such works at
that site;
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Identification
of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to
be removed or access to which is to be disabled, and
information reasonably sufficient to permit the
service provider to locate the material;
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Information
reasonably sufficient to permit the service provider
to contact the complaining party, such as an address,
telephone number and, if available, an electronic mail
address at which the complaining party may be
contacted;
-
A
statement that the complaining party has a good-faith
belief that use of the material in the manner
complained of is not authorized by the copyright
owner, its agent or the law;
-
A
statement that the information in the notification is
accurate and, under penalty of perjury, that the
complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly
infringed.
Classifieds.com.au
Disclaimer: The information on vehicles provided in
this Service is supplied by the seller or third parties,
and Classifieds.com.au and the Partners cannot and
do not verify or warrant the accuracy or completeness of
the information. The Service and materials contained
herein are provided on an “as is,” “as available”
basis, and Classifieds.com.au and the Partners make
no representations or warranties, expressed or implied, to
any actual or prospective purchaser or owner of any
vehicle as to the existence, ownership or condition of the
vehicle, or as to the accuracy or completeness of any
information about the vehicle contained in this Service.
You acknowledge that any reliance upon any such materials
shall be at your sole risk. Classifieds.com.au
reserves the right, in its sole discretion, to correct any
error or omission in any portion of the Service or
materials. Any and all concerns, differences or
discrepancies must be addressed with the seller prior to
the sale of the vehicle. You agree to release, hold
harmless and indemnify Classifieds.com.au and the
Partners from any and all liability arising from incorrect
or incomplete information regarding any vehicle.
Classifieds.com.au
and the Partners specifically disclaim any implied
warranties, including the warranties of merchantability
and fitness, for a particular purpose regarding any
vehicle with information provided in this Service. All
vehicles are subject to prior sales.
General
Disclaimer and Limitation of Liability. YOU EXPRESSLY
AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER
CLASSIFIEDS.COM.AU, NOR ANY OF ITS AFFILIATES,
EMPLOYEES, AGENTS, PARTNERS, CONTENT PROVIDERS OR
LICENSORS, MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY
KIND REGARDING THE SERVICE, THE CONTENT, ANY ADVERTISING
MATERIAL OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF
THE SERVICE. THE SERVICE IS PROVIDED ON AN “AS IS”
BASIS, AND
CLASSIFIEDS.COM.AU
AND THE PARTNERS
SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR
WARRANTIES AGAINST INFRINGEMENT.
CLASSIFIEDS.COM.AU,
ITS AFFILIATES, EMPLOYEES, AGENTS, PARTNERS, CONTENT
PROVIDERS AND LICENSORS SHALL IN NO EVENT BE LIABLE FOR
ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR
PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SERVICE
OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES
RELATED TO: YOUR USE OR INABILITY TO USE THE SERVICE; ANY
ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; OR ANY
INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES.
IN ANY EVENT, ANY LIABILITY OF
CLASSIFIEDS.COM.AU,
ITS AFFILIATES, EMPLOYEES, AGENTS, PARTNERS, CONTENT
PROVIDERS AND LICENSORS SHALL NOT EXCEED THE AMOUNT PAID
BY YOU TO THE SERVICE IN THE 12 MONTHS PRIOR TO THE
CLAIMED INJURY OR DAMAGE.
Miscellaneous.
Classifieds.com.au reserves the right at its
discretion to change these Terms of Service and will
notify users of any such changes by online postings. Your
continued use of the Service after the posting of any
amended Terms of Service shall constitute your agreement
to be bound by any such changes. The Service may modify,
suspend, discontinue or restrict the use of any portion of
the Service, including the availability of any portion of
the Content at any time, without notice or liability.
These Terms
of Service will be governed by and construed in accordance
with the laws of the State of New South Wales Australia,
without regard to its conflicts of law provisions. You
hereby agree that any cause of action you may have with
respect to the Service must be filed in the federal or
state courts located in Dubbo NSW 2830, within one year
after the cause of action arises or the cause is barred.
IF YOU DO
NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES THE
SERVICE MAKES IN THESE TERMS, PLEASE EXIT THE SERVICE
IMMEDIATELY.
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