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Terms & Conditions |
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Online Services Direct Limited. (“OSD”) provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. In addition, when using particular OSD services, you and OSD shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. OSD also may offer other services from time to time, such additional services may be governed by different Terms of Services if posted, otherwise these TOS will apply. Your continued use of the Service signifies your acceptance of the TOS.
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2. DESCRIPTION OF SERVICE |
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OSD currently provides users with the ability to place and view advertisements for property, entertainment, jobs and various goods and services (the "Service"). You understand and agree that the Service provides advertisements and that these advertisements are necessary for OSD to provide the Service. Unless explicitly stated otherwise, any new features or enhancements to the current Service, including the release of new OSD services shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that OSD assumes no responsibility for the timeliness, deletion, non-delivery or failure to store any user communications or settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or telecommunications provider). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
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3. YOUR REGISTRATION OBLIGATIONS |
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In consideration of your use of the Service, you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the “Registration Data”), (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete and (c) that you are 13 years of age or over. If you provide any information that is untrue, inaccurate, not current or incomplete, or OSD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OSD has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our privacy statement.
OSD is not a Distributor/Reseller/Supplier or Agent for any goods or services made available on this service. This Site acts as a venue to allow anyone to offer, sell, and buy anything, at anytime, from anywhere. We are not involved in the actual transaction between buyers and sellers, job seekers and employers. As a result, we have no control over the quality, safety or legality of the items made available, displayed, advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.
Because we are a venue, in the event that you have a dispute with one or more users, you release OSD (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
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6. MEMBER ACCOUNT, PASSWORD AND SECURITY |
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You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify OSD of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
You are responsible for all actions taken with your User ID and password, including fees charged to your account, if applicable. Therefore we do not recommend that you disclose your password to any third parties. If you choose to share your User ID and password or your personal information with third parties, you are responsible for all actions taken with your account and therefore you should review that third party's privacy policy. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password. OSD cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
Under no circumstances will OSD be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a OSD official, Chamber of Commerce official, member, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping malls) that are designated for such purpose;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
- You may not use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs or cancel bots, intended to damage or interfere with the proper working of the OSD Service or purchase being conducted on our site or to surreptitiously intercept or expropriate any system, data or personal information from the OSD Service. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to "Spam" or other such unsolicited mass e-mailing techniques;
- You may not use any software or hardware that reduces the number of users directly accessing or using the OSD Service (sometimes called "multiplexing" or "pooling" software or hardware).
- You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the OSD Service except as expressly provided in these Terms of Use.
- "stalk" or otherwise harass another; or
- Collect or store personal data about other users.
You acknowledge that OSD does not pre-screen Content, but that OSD shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, OSD and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by OSD or submitted to OSD, including without limitation information in OSD Advertisement Boards and in all other parts of the Service.
You acknowledge and agree that OSD may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of OSD, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
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8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE |
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Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
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9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE |
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Accuracy and Use of Data: If the user of the Service provides any data to the Service, whether by using the Service or otherwise, the user warrants that such data is accurate and current, and that he or she is authorized to provide such data. By using the Service, the user acknowledges and agrees that the Service may use such data in any manner that OSD deems appropriate, subject to any restrictions on such use imposed under applicable law.
OSD does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on the Service, you grant OSD the following world-wide, royalty free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific OSD service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or OSD removes such Content from the Service.
- With respect to Content other than audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the OSD network of properties that are intended by OSD to be available to the general public. By way of example, publicly accessible areas of the Service would include OSD Forsale-In-Your-Area.com Ads Section and other OSD Services that are open to both members and visitors.
You agree to indemnify and hold OSD, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, content you submit, post, transmit or make available through the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another your breach of any provision of these Terms of Use and/or any reckless or intentional wrongdoing by you or any other user of the Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service or data or information obtained from the Service.
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12. GENERAL PRACTICES REGARDING USE AND STORAGE |
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You agree that OSD has no responsibility or liability for the deletion or failure to store any data and other communications or other Content maintained or transmitted by the Service. You acknowledge that OSD reserves the right to log off accounts that is inactive for an extended period of time. You further acknowledge that OSD reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
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13. MODIFICATIONS TO SERVICE |
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OSD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that OSD shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that OSD, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if OSD believes that you have violated or acted inconsistently with the letter or spirit of the TOS. OSD may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that OSD may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that OSD shall not be liable to you or any third party for any termination of your access to the Service.
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15. DEALINGS WITH ADVERTISERS |
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Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that OSD shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because OSD has no control over such sites and resources, you acknowledge and agree that OSD is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that OSD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
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17. OSD'S PROPRIETARY RIGHTS |
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You acknowledge and agree that the Service and all Proprietary Information used or displayed in connection with it and the related Services, are owned or licensed by OSD and all right, title and interest therein shall remain the property of OSD. Such Proprietary Information is protected by patent, copyright, trademark, trade secret and other common law intellectual property rights held by OSD. Certain content is licensed from third parties and all such third party content and all intellectual property rights included therein belong to the respective third parties. You shall not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Service or its content. You are not licensed to and will not use Proprietary Information for any purpose other than as necessary for performance of your obligations in connection with the Service and you will not disclose any such Proprietary Information to any third party without first obtaining the express written consent of OSD.
"Proprietary Information" includes, without limitation, any information created, discovered or developed by OSD in the field of interactive internet exchanges or marketplaces, and any such information assigned or otherwise conveyed to OSD by another. Proprietary Information specifically includes (a) information regarding business, marketing and product development, methods and processes; (b) trade secrets, including proprietary software and the market-making process developed by OSD to service its purchasers and suppliers and including customer lists and other proprietary databases; and (c) copyrights, trademarks and service marks. Nothing received by you will be considered to be Proprietary Information if (1) it is readily available to the public other than by a breach of agreement; or (2) it has been rightfully received by you from a third party without any confidentiality limitations.
Furthermore, you further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by OSD, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You also agree not to create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by OSD for use in accessing the Service.
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18. DISCLAIMER OF WARRANTIES |
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You expressly understand and agree that:
| 1. | Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. OSD makes no representations or warranties of any kind, express or implied, as to the operation of the Service, or the information, content, materials and/or products included on the Service. OSD expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and/or non-infringement. |
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| OSD makes no warranty that: |
- The service will meet your requirements,
- The service will be uninterrupted, timely, secure, or error-free,
- The results that may be obtained from the use of the service will be accurate or reliable,
- The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
- Any errors in the software will be corrected.
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| 3. | Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. |
| 4. | No advice or information, whether oral or written, obtained by you from OSD or through or from the service shall create any warranty not expressly stated in the TOS. |
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19. LIMITATION OF LIABILITY |
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You expressly understand and agree that OSD shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if OSD has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. regardless of whether the possibility of such damages was disclosed to or reasonably could have been foreseen by OSD.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Service or your bidding on or purchase of products and services and posting and retrieval of information (including without limitation those governing export control, unfair competition, antitrust, or false advertising). YOU ARE RESPONSIBLE FOR PROCURING ALL GOVERNMENTAL LICENSES OR PERMITS REQUIRED FOR THE PROPER AND LAWFUL CONDUCT OF YOUR ACTIVITIES ON AND IN CONNECTION WITH THE SERVICE, AND YOU SHALL AT ALL TIMES, AND AT YOUR OWN COST AND EXPENSE, COMPLY WITH THE REQUIREMENTS OF EACH LICENSE OR PERMIT. YOU ARE RESPONSIBLE FOR PAYING ALL APPLICABLE FEES AND TAXES YOU INCUR TO BUY PRODUCTS AND SERVICES OR ACCESS OUR SERVERS, INCLUDING WITHOUT LIMITATION ALL APPLICABLE SALES, USE AND EXCISE TAXES. Furthermore, you represent and warrant to us that you do not intend to use the Service to violate the antitrust laws and will not knowingly act as a conduit or intermediary for price-fixing or any other anti-competitive agreement among competitors.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
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22. TRADEMARK INFORMATION |
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OSD, the OSD logo, other OSD logos, the “in-my-area” brand name and logos and product and service names are trademarks of Online Systems Direct Limited Liability Company . (the “OSD Marks”). Without OSD's prior permission, you agree not to display or use in any manner, the OSD Marks.
The TOS constitute the entire agreement between you and OSD and govern your use of the Service, superseding any prior agreements between you and OSD. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software. The TOS and the relationship between you and OSD shall be governed by the Courts of the England without regard to its conflict of law provisions. You and OSD agree to submit to the personal and exclusive jurisdiction of the courts located within England. The failure of OSD to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You and OSD expressly agree that after a period of two months after the occurrence of the dispute, controversy or claim and provided that it remains unsolved, the dispute, controversy or claim shall be finally settled by arbitration in accordance with the International Commercial Arbitration Centre Rules as at present in force. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) month after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
If you have any questions about these Terms and Conditions, please use our online feedback form.
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