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Dclassifieds.com.au Service Agreement
Please read this Agreement carefully before accessing the dclassifieds.com.au
(THE SITE) classifieds website. By using THE SITE User agrees to be bound by
the terms of this Agreement. Use of or access to the site shall constitute
acceptance of and agreement to be bound by this Agreement. IF YOU DO NOT WISH
TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS THE SITE. If you have any
questions about this Agreement, please contact us via e-mail at
helpdesk@dclassifieds.com.au
dclassifieds.com.au Access Agreement
THIS AGREEMENT "Agreement" is entered into by and between dclassifieds.com.au
and any individual, corporation, association, agency, company, or other entity
who accesses or uses the dclassifieds.com.au website (the "User" or
"you"). The dclassifieds.com.au is a World Wide Web site on the Internet that
is designed to allow users to post ads and/or to view ads posted by other users
or interact with those users. The dclassifieds.com.au website is owned and
operated by dclassifieds.com.au (ABN: 16 959 118 769). The dclassifieds.com.au
website contains or may contain information, communications, opinions, text,
graphics, links, electronic art, animations, audio, video, software, photos,
music, sounds and other material and data (collectively, "Content") formatted,
organized and collected in a variety of forms that are generally accessible to
Users, including directories and databases, and areas of the
dclassifieds.com.au web site that can be modified by Users, such as posting
ads, uploading multimedia files and registering user profiles.
1. User Rights and Responsibilities
1.1 Access to THE SITE.
You are responsible for providing all hardware, software, telephone or other
communications equipment and/or service to connect to the Internet and access
the dclassifieds.com.au web site and are responsible for all Internet access
charges, telephone charges or other fees or charges incurred in connecting to
the Internet and accessing THE SITE.
1.2 User Conduct.
You agree to access and use the dclassifieds.com.au services only for
lawful purposes. You are solely responsible for the knowledge of and adherence
to any and all laws, statutes, rules and regulations, pertaining to (i) your
use of the THE SITE, including any Interactive Area, (ii) the use of any
networks or other services connected to THE SITE, and (iii) the communications
means by which you connect your modem, computer, or other equipment to THE
SITE. By accessing THE SITE, you agree that you will not:
(1) restrict or inhibit any other user from using and enjoying the Interactive
Features;
(2) post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane, or indecent information of any kind,
including without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise to civil liability
or otherwise violate any local, state, national, or international law;
(3) post or transmit any information, software, or other material which violates
or infringes in the rights of others, including material which is an invasion
of privacy or publicity rights or which is protected by copyright, trademark or
other proprietary right, or derivative works with respect thereto, without
first obtaining permission from the owner or right holder.
(4) post or transmit any information, software or other material which contains
a virus or other harmful component;
(5) alter, damage or delete any Content or other communications that are not
your own Content or to otherwise interfere with the ability of others to access
THE SITE;
(6) disrupt the normal flow of communication in an Interactive Area;
(7) claim a relationship with or to speak for any business, association,
institution or other organization for which you are not authorized to claim
such a relationship;
(8) violate any operating rule, policy or guideline of your Internet access
provider or online service.
2. Intellectual Property Rights
2.1 dclassifieds.com.au ad section content.
(a) You acknowledge that Content on THE SITE is generally provided by the
dclassifieds.com.au, individual contributors of Content ("Contributors"), third
party licensees, and/or other Users. You acknowledge that the SITE permits
access to Content that is protected by copyrights, trademarks, and other
proprietary (including intellectual property) rights ("Intellectual Property
Rights"), and that these Intellectual Property Rights are valid and protected
in all media existing now or later developed and except as is explicitly
provided below, your use of Content shall be governed by applicable copyright
and other intellectual property laws. You acknowledge that the SITE owns a
copyright in the "look and feel," i.e., the selection, coordination,
arrangement and presentation of such Content.
(b) You may not modify, copy, reproduce, transmit, distribute, publish, create
derivative works from, display or otherwise transfer or commercially exploit
any of the Content, in whole or in part, provided, however, that you may (i)
make a reasonable number of digital or other form of copies to permit your
computer hardware and software to access and view the Content, (ii) print one
copy of each piece of Content, (iii) make and distribute a reasonable number of
copies of Content, in whole or in part, in hard copy or electronic form for
internal use only. Any permitted copies of Content must reproduce in an
unmodified form any notices contained in the Content, such as all Intellectual
Property Right notices, and an original source attribution to the SITE and its
URL address. You acknowledge that the SITE, its Contributors, and/or Users
remain the owners of the Content and that you do not acquire any Intellectual
Property Rights by downloading or printing Content.
3. Links; Limitation of Liability
3.1 Links.
You understand that except for Content, products or services expressly available
at THE SITE, neither THE SITE, its subsidiary and parent companies,
or affiliates, or their respective directors, officers, employees, and agents
controls, provides, or is responsible for any Content, goods or services
available through sites on the Internet linked to or from the Site. All such
Content, goods and services are made accessible on the Internet by independent
third parties and are not part of the SITE or controlled by the
dclassifieds.com.au. The dclassifieds.com.au endorses nor is responsible for
the accuracy, completeness, usefulness, quality or availability of any Content,
goods or services available on any site linked to or from the SITE, which are
the sole responsibility of such independent third parties, and your use thereof
is solely at your own risk. Neither the dclassifieds.com.au, its subsidiary and
parent companies, or affiliates, or their respective directors, officers,
employees, and agents shall be held responsible or liable, directly or
indirectly, for any loss or damage caused or alleged to have been caused by
your use of or reliance on any Content, goods or services available on any site
linked to or from the SITE or your inability to access the Internet or any site
linked to or from the SITE.
3.2 Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL DCLASSIFIEDS.COM.AU, ITS SUBSIDIARY AND PARENT
COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT,
DCLASSIFIEDS.COM.AU, OR ANY INTERNET SITE LINKED TO OR FROM THE SITE, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE
OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR
ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF
EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT,
DESTRUCTION, ALTERATION, OR USE OF, RECORDS. UNDER NO CIRCUMSTANCES SHALL
DCLASSIFIEDS.COM.AU, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR
LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR
ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE site OR THE
CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM THE site. THE
CONTENT WITHIN THE SITE AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM
THE SITE MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE
INCORPORATED IN NEW VERSIONS OF THE SITE AND SPECIFICALLY ARE INCLUDED IN THIS
SECTION AGREEMENT. THE SITE AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME. YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT DCLASSIFIEDS.COM.AU IS NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF
YOU ARE DISSATISFIED WITH ANY SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF THE
SITE, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SITE.
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