TERMS OF USE
1. ACCEPTANCE OF TERMS
LocalNote provides a collection of online resources, including
classified listings, business directories and various
communication services, (referred to hereafter as "the Service")
subject to the following Terms of Use ("TOU"). By using the Service
in any way, you are agree to:
a) Comply with the TOU; and
b) Abide by any applicable guidelines for all LocalNote services,
which may change from time to time.
Should you object to any term or condition of the TOU, any guidelines,
or any subsequent modifications thereto or become dissatisfied with
LocalNote in any way, your only recourse is to immediately discontinue
use of LocalNote.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, to change, modify or otherwise alter these
terms and conditions at any time. Such modifications shall become
effective immediately upon the posting thereof.
3. CONTENT
You understand that:
a) All notes, listings, 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;
b) LocalNote 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.
The LocalNote site and Content available through the Service may
contain links to other websites, which are completely independent
of LocalNote. LocalNote makes no representation or warranty as to
the accuracy, completeness or authenticity of the information
contained in any such site. You linking to any other websites is
at your own risk.
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 LocalNote 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.
You acknowledge that LocalNote does not pre-screen or approve
Content, and that LocalNote 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 TOU
or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The LocalNote 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 LocalNote, including web sites, directories, servers, networks,
systems, information and databases, applications, software, programs,
products or services, and the Internet as a whole.
Your interactions with organisations and/or individuals found on
or through the Service, including payment and delivery of goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
organizations and/or individuals. You should make whatever investigation
you feel necessary or appropriate before proceeding with any online
or offline transaction with any of these third parties.
You agree that LocalNote shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such
dealings. If there is a dispute between participants on this site,
or between users and any third party, you understand and agree that
LocalNote is under no obligation to become involved. In the event
that you have a dispute with one or more other users, you hereby
release LocalNote, its officers, employees, agents and successors
in rights from claims, demands and damages (actual and consequential)
of every kind or nature, known or unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way related to
such disputes and/or our service.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have
been otherwise violated, please notify LocalNote at:
support@localnote.com.au
6. PRIVACY AND INFORMATION DISCLOSURE
LocalNote has established a Privacy Policy to explain to users how
their information is collected and used, which is located at the
following web address:
http://www.localnote.com.au/privacy-policy.html
Your use of the LocalNote website or the Service signifies
acknowledgement of and agreement to our Privacy Policy. You further
acknowledge and agree that LocalNote may, in its sole discretion,
preserve or disclose your Content, as well as your information,
such as email addresses, IP addresses, timestamps, and other user
information, 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 TOU;
c) Respond to claims that any Content violates the rights of
third-parties;
d) Respond to claims that contact information (e.g. phone number
etc.) of a third-party has been posted or transmitted without their
consent or as a form of harassment;
e) Protect the rights, property, or personal safety of LocalNote,
its users or the general public.
7. CONDUCT
You are requested to use the LocalNote Site and Services this service
reasonably, and respect the rights of others. For example, posting
the same advertisement more than once (ie spamming) is not permitted.
LocalNote is for sharing with others. We will be the sole arbiter
of what is reasonable use, and may remove some or all of your ads,
and in some cases, ban you from our site if we are forced to
investigate.
You agree that you will not:
a) Post or transmit any unlawful, threatening, abusive, defamatory,
obscene or indecent information or material of any kind, including
without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offence, give rise to civil
liability or otherwise violate any applicable law;
b) Post or transmit any material of any kind which violates or
infringes upon the rights of any other person, including material
which is an invasion of any privacy or publicity rights or which
is protected by copyright, trade mark or any other proprietary
right, or derivative works with respect thereto, without first
obtaining permission from the owner or relevant right holder;
c) Post or transmit any material of any kind that harasses, degrades,
intimidates or is hateful toward an individual or group of individuals
on the basis of religion, gender, sexual orientation, race, ethnicity,
age, or disability;
d) Post or transmit any material of any kind which contains a virus
or other harmful component;
e) Post, transmit or download any file posted by any other user if
you know, or reasonably ought to know, that the file cannot legally
be distributed in such manner;
f) Post or transmit any material of any kind that impersonates any
person or entity, including, or falsely states or otherwise
misrepresents your affiliation with a person or entity;
g) Post or transmit any material of any kind that includes personal
or identifying information about another person without that person's
explicit consent;
h) Post or transmit any material of any kind that is false, deceptive,
misleading or deceitful;
i) Post or transmit any material of any kind that that infringes
any patent, trademark, trade secret, copyright or other proprietary
rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary
relationships;
j) Post or transmit any material that advertises any illegal service
or the sale of any items the sale of which is prohibited or restricted
by any applicable law.
k) Post or transmit 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;
l) Disrupt the normal flow of dialogue with an excessive amount of
Content (flooding attack) to the Service, or that otherwise negatively
affects other users' ability to use the Service; or
m) Employ misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.
Additionally, you agree not to:
n) Contact anyone who has asked not to be contacted;
o) "Stalk" or otherwise harass anyone;
p) Collect personal data about other users for commercial or unlawful
purposes;
q) Use automated means, including spiders, robots, crawlers, data
mining tools, or the like to download data from the Service - unless
expressly permitted by LocalNote;
r) Post non-local or otherwise irrelevant Content, repeatedly post
the same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;
s) Post the same item or service in more than one classified category
or forum, or in more than one metropolitan area;
t) Attempt to gain unauthorized access to LocalNote's computer
systems or engage in any activity that disrupts, diminishes the
quality of, interferes with the performance of, or impairs the
functionality of, the Service or the LocalNote website; or
u) Use any form of automated device or computer program that enables
the submission of postings on LocalNote without each posting being
manually entered by the author thereof (an "automated posting
device"), including without limitation, the use of any such automated
posting device to submit postings in bulk, or for automatic submission
of postings at regular intervals.
8. NO SPAM POLICY
You will not post or transmit via e-mail nor any other means through
LocalNote services material which may be deemed SPAM.
Any unauthorised use of LocalNote computer systems is a violation
of the TOU and laws. Such violations may subject the sender and his
or her agents to civil and criminal penalties.
9. LIMITATIONS ON SERVICE
LocalNote does not warrant that the service will be uninterrupted
or error-free, nor that defects in the service will be corrected.
You also understand that we cannot and do not guarantee or warrant
that files available for downloading through the Site or delivered
via electronic mail through the Site will be free of infection or
viruses, worms, Trojan horses or other code that manifest contaminating
or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining
a means external to the Site for the reconstruction of any lost
data.
You acknowledge that LocalNote may establish limits concerning use
of the Service, including the maximum number of days that Content
will be retained by the Service, the maximum number and size of
postings, email messages, or other Content that may be transmitted
or stored by the Service, and the frequency with which you may
access the Service. You agree that LocalNote has no responsibility
or liability for the deletion or failure to store any Content
maintained or transmitted by the Service. You acknowledge that
LocalNote reserves the right at any time to modify or discontinue
the Service (or any part thereof) with or without notice, and that
LocalNote shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
10. ACCESS TO THE SERVICE
LocalNote grants you a limited, revocable, non-exclusive license
to access the Service for your own personal use.
General purpose internet search engines and non-commercial public
archives may gather information for the sole purpose of displaying
hyperlinks to the Service, provided they each do so from a stable
IP address or range of IP addresses using an easily identifiable
agent.
"General purpose internet search engine" does not include a website
or search engine or other service that specializes in classified
listings or in any subset of classifieds listings such as jobs,
housing, for sale, services, or personals, or which is in the
business of providing classified ad listing services.
LocalNote permits you to display on your website, or create a
hyperlink on your website to, individual postings on the Service
so long as such use is for noncommercial and/or news reporting
purposes only (e.g., for use in personal web blogs or personal
online media). If the total number of such postings displayed or
linked to on your website exceeds twenty (20) postings, your use
will be presumed to be in violation of the TOU, absent express
permission granted by LocalNote to do so. You may also create a
hyperlink to the home page of LocalNote sites so long as the link
does not portray LocalNote, its employees, or its affiliates in a
false, misleading, derogatory, or otherwise offensive matter.
LocalNote may offer various parts of the Service in a feed format
such as RSS or Atom (RSS) so that users can embed individual feeds
into a personal website or blog, or view postings through third
party software news aggregators. LocalNote permits you to display,
excerpt from, and link to the RSS feeds on your personal website
or personal web blog, provided that:
a) Your use of the RSS feed is for personal, non-commercial purposes
only;
b) Each title is correctly linked back to the original post on the
Service and redirects the user to the note/listing when the user
clicks on it;
c) You provide, adjacent to the RSS feed, proper attribution to
'LocalNote' as the source;
d) Your use or display does not suggest that LocalNote promotes or
endorses any third party causes, ideas, web sites, products or
services;
e) You do not redistribute the RSS feed; and
f) Your use does not overburden LocalNote's systems.
LocalNote reserves all rights in the content of the RSS feeds and
may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted
to you by LocalNote immediately terminates said permission or
license. In order to collect, aggregate, copy, duplicate, display
or make derivative use of the the Service or any Content made
available via the Service for other purposes (including commercial
purposes) not stated herein, you must first obtain a license from
LocalNote.
11. TERMINATION OF SERVICE
You agree that LocalNote, in its sole discretion, has the right
(but not the obligation) to delete or deactivate your account, block
your email or IP address, or otherwise terminate your access to or
use of the Service (or any part thereof), immediately and without
notice, and remove and discard any Content within the Service, for
any reason, including, without limitation, if LocalNote believes
that you have acted inconsistently with the letter or spirit of the
TOU. Further, you agree that LocalNote shall not be liable to you
or any third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said
termination.
12. PROPRIETARY RIGHTS
Content displayed on or through the LocalNote Site and Service is
protected by copyright as a collective work and/or compilation,
pursuant to copyrights laws, and international conventions. You may
not reproduce, modify, or create derivative works from of the site
or the collective work without the express written consent of
LocalNote.
You further agree not to reproduce, duplicate or copy Content from
the Service without the express written consent of LocalNote, and
agree to abide by any and all copyright notices displayed on the
Service.
You may not decompile or disassemble, reverse engineer or otherwise
attempt to discover any source code contained in the Service. Without
limiting the foregoing, you agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial purposes, any aspect of
the Service.
By posting Content to any public area of the Service,you automatically
grant, and you represent and warrant that you have the right to
grant, to LocalNote an irrevocable, perpetual, non-exclusive, fully
paid, worldwide license to use, copy, perform, display, and distribute
said Content and to prepare derivative works of, or incorporate
into other works, said Content, and to grant and authorise sublicenses
of the foregoing.
13. LIMITATIONS OF LIABILITY
Under no circumstances shall LocalNote be liable for direct, indirect,
incidental, special, consequential or exemplary damages resulting
from any aspect of your use of the LocalNote Site or the Service.
Such limitation shall also apply with respect to all damages incurred
by reason of other services or products received through or advertised
in connection with the LocalNote Site or the Service or any links
on the LocalNote Site, as well as by reason of any information or
advice received through or advertised in connection with the LocalNote
Site or the Service or any links on the Local Note Site.
14. DISCLAIMER OF WARRANTIES
You agree that use of the LocalNote Site and Service is entirely
at your own risk. The LocalNote Site and the Service are provided
on a 'as is' or 'as available' basis, without any warranties of any
kind.
15. INDEMNITY
You agree to indemnify LocalNote and its related companies and
officers from any claims and expenses (including legal costs) related
to:
a) Your use of the Site or the Service;
b) Any Content posted by you; and/or
c) Your breach of these terms.
16. GOVERNING LAW
The LocalNote Site and Service is governed by the laws of Victoria,
Australia.
17. VIOLATION OF TERMS
Please report any violations of the TOU, by flagging the posting(s)
for review, or by emailing to:
support@localnote.com.au
Our failure to act with respect to a breach by you or others does
not waive our right to act with respect to subsequent or similar
breaches.