By accessing or using the Website, or by using or downloading materials from the Website (whether or not you utilise any Friends with Things service), you agree to follow and be bound by this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT REGISTER FOR OR USE THE WEBSITE. The terms of this Agreement are subject to change by Friends with Things at any time, effective upon posting the updated Agreement on our website. Any use of Friends with Things after such posting will constitute acceptance by you of the changes.
USE OF FRIENDS WITH THINGS
Eligibility. The Website provides a platform for arranging peer-to-peer rental and exchange between its registered users (each a "User"). Accordingly, Users of the Website must be of legal age in their applicable state or other jurisdiction to form and perform binding legal contracts for the rental/exchange between them; and in no case shall any User be less than eighteen (18) years old. Registration is void where prohibited. Your registration for, and/or use of, The Website constitutes your representation and warranty that: (a) you satisfy these eligibility requirements, and (b) you have the right, authority and capacity to abide by all of the terms and conditions of this Agreement.
Online Account Security; No Assignment. You will select a unique username and password in association with your registration. You are responsible for maintaining the confidentiality of your username and password. You are further responsible for any and all activity on your account. If you become aware of an unauthorized use of your account, you agree to immediately notify Friends with Things. Friends with Things will not be liable for any loss or damage arising from your failure to comply with this provision. Neither your account nor any of your rights or obligations as a User may be assigned, transferred, rented, loaned, or otherwise distributed or used for the benefit of any other person or entity without Friends with Things' prior written consent.
Accuracy of Information. You will not provide inaccurate, misleading or false information to Friends with Things or to any other User. You will promptly notify Friends with Things if information provided to Friends with Things or another User later becomes, or is discovered to be inaccurate, misleading or false.
Contact with Others. You are solely and exclusively responsible for your interactions with other members and/or Users, whether in person or online. You acknowledge that Friends with Things does not screen Users, nor does Friends with Things perform any investigation into Users' background or any of their representations or statements made to you or others. FRIENDS WITH THINGS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE BACKGROUND OR CONDUCT OF ANY USER. In no event shall Friends with Things be liable for any damages of any kind whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of any User (including you) in connection with use of the Website, including without limitation: pecuniary loss, bodily injury, emotional distress, and/or any other damages resulting from communications, meetings, agreements or other dealings with other Users (or any of them), or other persons you encounter in connection with the Website. You agree to take reasonable precautions in all interactions with other Users, whether online or in person.
Personal Conduct. You acknowledge and agree that:
As a condition of permission to use the Website, you agree that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. It is strictly prohibited to use of the Website for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of the Website or Friends with Things, or any other person's use or enjoyment of the Website or of any good or service procured through the Website.
The following non-exhaustive list of illegal or improper conduct is expressly prohibited:
Any attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of Friends with Things or any User or supplier, or those of any other party;
Any attempt to probe, scan or test the vulnerability of a system or network of Friends with Things or any User or supplier, or those of any other party;
Interference, or any attempt to interfere with, service to any User, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system;
Forgery of any TCP-IP packet header or any part of the header information in an e-mail or posting;
Falsification of address information or other modification of e-mail headers to conceal the sender's or the recipient's identity;
Use of the Website or any Friends with Things service to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider;
Use of the Website or any Friends with Things service to engage in activities that violate any applicable law or governmental regulation; and/or
Any use of the Website or any Friends with Things service that Friends with Things deems, in its sole discretion, to be exploitative, harassing, or otherwise harmful to any other person or entity.
Use of the Website or any Friends with Things service to engage in activities that violate any applicable law or governmental regulation, including (without limitation) laws and regulations relating to: (i) the possession, use, or distribution of weapons, alcohol, prescription drugs or other restricted substances, (ii) pornography, (iii) computer malware, (iv) professional licensing requirements, and/or (v) any other activity which is subject to criminal or civil penalty.
Content. You are solely responsible for the information and/or materials that you publish, display or otherwise communicate in any manner on the Website or transmit to any other User ("Content"). You will not post or distribute to another User any illegal or prohibited Content, including (but not limited to) Content that:
is patently offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing ("spamming");
contains information that you know (or reasonably should know) is false or misleading, or promotes illegal activities;
is abusive, threatening, obscene, defamatory or libelous;
contains or promotes distribution of, or access to, any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity);
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
contains or provides material that exploits people under the age of 18 in a sexual or violent manner;
solicits personal information from anyone under the age of 18;
provides instructional information about illegal activities, such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits a password or personally identifying information for commercial or unlawful purposes from another User; and/or
engages in commercial activity other than standard goods rental and/or sales without our prior written consent (such as conducting contests, sweepstakes, advertising, and/or pyramid schemes).
No posts by companies (not-for-profit associations excepted)
No advertising of businesses except through the 'Recommend' category
No business names to be used as first name or family name, real names of real people only.
No duplicate posts to different suburbs, one suburb per post only.
Classifieds are intended as ‘community’ classifieds for individual small and local businesses to advertise to their local areas.
Publically listed companies, businesses or individuals that engage in multi level, affiliate, commission based or network marketing are not included in this definition and listing will be removed from the site.
Lawful Use. You will use the Website and any other Friends with Things service in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, Australian law.
Insurance. You are solely responsible for any loss or damage suffered as a result of lending, leasing, distributing, borrowing, renting, or otherwise obtaining and/or using, any good or service via the Website. You are responsible for obtaining and maintaining any insurance which you deem necessary or advisable to cover any loss or damage to such good and/or incurred by anyone in connection with the use of the good or service. To the extent that you maintain such insurance, you are solely responsible for ensuring that your policy covers the intended exchange of the good or service.
Violations. You will promptly report to Friends with Things any violation of the terms of this Agreement by you or any other User.
DISCLAIMER; LIMITATION OF LIABILITY
TO THE EXTENT ALLOWABLE BY LAW, THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED BY FRIENDS WITH THINGS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. FRIENDS WITH THINGS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES RELATING TO THE WEBSITE, ANY PRODUCTS AND/OR SERVICES, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL FRIENDS WITH THINGS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF ANYONE ELSE (INCLUDING YOU) IN CONNECTION WITH THE USE OF ANY PRODUCT OR SERVICE, INCLUDING WITHOUT LIMITATION, DEATH OR BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS BETWEEN USERS, OR THE USE OF ANY PRODUCT OR SERVICE, OR PERSONS INTRODUCED BY THE WEBSITE, WHETHER ONLINE OR OFFLINE. FRIENDS WITH THINGS MAKES NO REPRESENTATION OR WARRANTY AS TO THE CHARACTER, CREDIT-WORTHINESS, RENTAL HISTORY OR OTHER QUALITY OF ANY USER. FRIENDS WITH THINGS DOES NOT, AND SHALL HAVE NO OBLIGATION TO, SCREEN AND/OR INDEPENDENTLY VERIFY THE INFORMATION OR OTHER MATERIALS SUPPLIED AND/OR PROMISED BY ANY USER, WHETHER OR NOT SUCH INFORMATION OR MATERIALS ARE POSTED ON THE WEBSITE. FRIENDS WITH THINGS SHALL HAVE NO LIABILITY OF ANY KIND FOR ANY COST, EXPENSE, LOSS OR DAMAGE SUFFERED BY ANY PERSON OR ENTITY ARISING OUT OF OR RELATING TO ANY PRODUCT OR SERVICE NOT DIRECTLY PROVIDED BY FRIENDS WITH THINGS ITSELF, INCLUDING BUT NOT LIMITED TO ANY USER'S PRODUCT OR SERVICE THAT IS POSTED ON THE WEBSITE.
PROPRIETARY RIGHTS & RESTRICTIONS
You grant Friends with Things an irrevocable, world-wide, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and/or display in any format or medium, with full right of sublicense, any and all Content.
You may not use, download or copy any information supplied by Friends with Things on the Website unless: (i) you use the information solely for personal, informational and non-commercial purposes (except where your Friends with Things account is expressly authorized for the contemplated commercial use), (ii) you include the Friends with Things trademark and copyright symbol on each downloaded or copied page, and (iii) you do not modify any of the information. The rights granted to you constitute a license and not a transfer of title. Friends with Things reserves the right to revoke the authorization to view, download, print and/or reproduce the information and/or materials available on this site at any time, and any such use shall be discontinued immediately upon written notice from Friends with Things.
Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information owned by Friends with Things from the Website without the prior written permission of Friends with Things. You may not "mirror" any materials contained on the Website on any other server without Friends with Things' prior express written permission. Any unauthorized use of any materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Copyright. Entire contents Copyright © 2011 Friends with Things. All rights reserved. Electronic documents published on the Website are protected by international copyright laws. Distribution or publication of these pages (including text and graphics) in any form without prior written permission is forbidden.
Trademarks. The Friends with Things name, and logo are trademarks of Friends with Things. All other trademarks or registered trademarks used within these pages are the property of their respective holders. Friends with Things' use of company names, product names and logos or images on this Website does not necessarily constitute an endorsement of the named company or products by Friends with Things.
Links to Third Party Sites. This Website may contain hyperlinks to websites that are not controlled by Friends with Things. Friends with Things is not responsible for, and does not endorse or accept any responsibility over, the contents or use of such websites.
You agree to indemnify and hold harmless Friends with Things, its officers, directors, employees, agents and subcontractors, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) arising out of or relating to your: (i) use of this Website or any product or service exchanged herethrough; (ii) Content; and/or (iii) improper and/or unauthorized acts or omissions, including any breach by you of any term of this Agreement.
Either you or Friends with Things may terminate your account and/or membership at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Friends with Things reserves the right to immediately suspend or terminate your access to the Website or any other Friends with Things service, without notice, if Friends with Things (in its sole discretion) determines that you have violated any term of this Agreement. In the event that your access is suspended due to the breach of this Agreement, you acknowledge and agree that any fee(s) you have paid to Friends with Things for such service will not be refunded. Following any termination of your account and/or membership, Friends with Things reserves the right to send a notice that you have been terminated to other Users with whom you have corresponded.
All notices, communications, demands and payments required or permitted to be made pursuant to this Agreement shall be sent by certified or registered mail, postage prepaid; overnight messenger service; facsimile, personal delivery or electronic mail as follows: if to you, to the most current email address or physical address on file with Friends with Things in association with your membership or account; if to Friends with Things:
Friends with Things.
This website is controlled and operated by Friends with Things of Sydney Australia. Any claim or dispute relating to your use or attempted use of this website shall be governed by and construed in accordance with the laws of Australia, without giving effect to its conflict of laws provisions. By using this website, you submit to the exclusive jurisdiction of the appropriate state or federal courts in NSW Australia, in any proceeding relating to any such claim or dispute.
This Agreement contains the entire agreement between you and Friends with Things regarding the use of the Website and any product or service obtained in relation thereto. Unless otherwise explicitly stated, the terms will survive termination of your account and/or membership. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect
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