TERMS OF USE

1. ACCEPTANCE OF TERMS

forsalebyowner.com.au is an online listing service and as such hosts a collection of online resources, including classified ads and forums and is subject to the following TERMS OF USE. By using this website in any way, you are agreeing to comply with these TERMS OF USE. In addition, when using any forsalebyowner.com.au services, you agree to abide by any applicable posted guidelines for all forsalebyowner.com.au services, which may change from time to time. Should you object to any term or condition of the TERMS OF USE, any guidelines, or any subsequent modifications thereto or become dissatisfied with forsalebyowner.com.au in any way, your only recourse is to immediately discontinue use of forsalebyowner.com.au.

2. RIGHT TO MODIFY THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify, or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement regularly to keep yourself apprised of any changes.

3. CONTENT POSTED BY YOU

You are entirely responsible for content, messages, text, files, images, photos, video, sounds, profiles or other materials (collectively, "Content") you display, publish or post on forsalebyowner.com.au.

You understand that forsalebyowner.com.au does not control, and is not responsible for Content made available through the Service, as Items posted are the sole responsibility of the person from whom such Content originated. And that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the forsalebyowner.com.au site and Content available through the Service may contain links to other websites, which are completely independent of forsalebyowner.com.au. forsalebyowner.com.au makes no representation or warranty regarding the accuracy, completeness, or authenticity of the information contained in any such site. Your linking to any other webites 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 forsalebyowner.com.au 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 forsalebyowner.com.au does not pre-screen or approve Content, but that forsalebyowner.com.au 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 letter or spirit of the TERMS OF USE or for any other reason.

4. THIRD PARTY CONTENT, SITES, AND SERVICES

The forsalebyowner.com.au 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 forsalebyowner.com.au, 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 organizations and 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 individuals. You should make whatever investigation you feel necessary or proper before proceeding with any online or offline transaction with any of these third parties. You agree that forsalebyowner.com.au shall not be responsible or responsible 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 forsalebyowner.com.au is under no obligation to become involved. If you have a dispute with any other users, you hereby release forsalebyowner.com.au, 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 of 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 forsalebyowner.com.au's for notice of claims of copyright or other intellectual property infringement, at abuse@forsalebyowner.com.au

6. PRIVACY AND INFORMATION DISCLOSURE

“Personal information collected by forsalebyowners.com.au is for the primary purpose of security requirements and/or competition purposes. It will not be released for any form of commercial gain and will be maintained in a secure location as per the requirements of the Privacy Act Australia."

You further acknowledge and agree that forsalebyowner.com.au 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 Federal law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TERMS OF USE; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of forsalebyowner.com.au, its users or the general public.

7. CONDUCT

You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to
(i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or
(ii) bestiality, or
(iii) masturbation, or
(iv) sadistic or masochistic abuse, or
(v) lascivious exhibition of the genitals or pubic area of any person;

c) 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) that violates the Fair Trading Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);

e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.

f) that impersonates any person or entity, including, but not limited to, a forsalebyowner.com.au employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.) ;

g) that includes personal or identifying information about another person without that person's explicit consent;

h) that is false, deceptive, misleading, deceitful or misinformative.

i) 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) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

k) that constitutes or contains any form of advertising or solicitation if: posted in areas of the forsalebyowner.com.au sites which are not designated for such purposes; or emailed to forsalebyowner.com.au users who have not indicated in writing that it is ok to contact them about other services, products, or commercial interests.

l) that includes links to commercial services or web sites, except as allowed in "services";

m) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Australian law.

o) 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;

p) that disrupts 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

q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

r) contact anyone who has asked not to be contacted;

s) "stalk" or otherwise harass anyone;

t) collect personal data about other users for commercial or unlawful purposes;

u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by forsalebyowner.com.au;

v) 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;

w) post the same item or service in more than one classified category or forum, or in more than one metropolitan area;

x) attempt to gain unauthorized access to forsalebyowner.com.au'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 forsalebyowner.com.au website; or

y) use any form of automated device or computer program that enables the submission of postings on forsalebyowner.com.au 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. POSTING AGENTS

A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on forsalebyowner.com.au's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from forsalebyowner.com.au. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from forsalebyowner.com.au.

9. PAID POSTINGS

We may charge a fee for some services offered. The fee is an access fee permitting Content to be posted in a chosen area. Each party posting Content to the Service is responsible for said Content and compliance with the TERMS OF USE. All fees paid will be non-refundable in the event that Content is removed from the Service for violating these TERMS OF USE.

10. LIMITATIONS ON SERVICE

You acknowledge that forsalebyowner.com.au may establish limits to use of its Service, including the number of days that Content will be retained by the Service, the number and size of postings, email messages, or other Content that may be stored on the Service, and the frequency with which you access the Service. You agree that forsalebyowner.com.au has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that forsalebyowner.com.au reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that forsalebyowner.com.au shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service.

11. ACCESS TO THE SERVICE

forsalebyowner.com.au grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display, or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by forsalebyowner.com.au. A limited exception to (b) is provided to general purpose internet search engines and noncommercial public archives that use such tools to 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 and comply with our robots.txt file. "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 are in the business of providing classified ad listing services.

forsalebyowner.com.au permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service if such use is for noncommercial 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 one hundred (100) postings, your use will be presumed to be violating the TERMS OF USE, absent express permission granted by forsalebyowner.com.au to do so. You may also create a hyperlink to the home page of forsalebyowner.com.au sites if the link does not portray forsalebyowner.com.au, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

forsalebyowner.com.au offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. forsalebyowner.com.au 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 post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to ' forsalebyowner.com.au' as the source, (d) your use or display does not suggest that forsalebyowner.com.au 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 forsalebyowner.com.au's systems. forsalebyowner.com.au 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 forsalebyowner.com.au immediately ends said permission or license. In order to collect, aggregate, copy, duplicate, display, or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first get a license from forsalebyowner.com.au.

12. TERMINATION OF SERVICE

You agree that forsalebyowner.com.au, in its sole discretion, has the right to delete or deactivate your account, block your email, or IP address, or otherwise end 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 forsalebyowner.com.au believes that you have acted inconsistently with the letter or spirit of the TERMS OF USE. Further, you agree that forsalebyowner.com.au 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.

13. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work or compilation, under copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of forsalebyowner.com.au.  You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of forsalebyowner.com.au, and agree to abide by 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.

Although forsalebyowner.com.au does not claim ownership of content that its user’s post, 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 forsalebyowner.com.au an irrevocable, perpetual, nonexclusive, 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 authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant forsalebyowner.com.au all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

14. DISCLAIMER OF WARRANTIES

You agree that use of the forsalebyowner.com.au site and the service is entirely at your own risk. The forsalebyowner.com.au site and the service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, forsalebyowner.com.au disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the forsalebyowner.com.au site and the service. To the fullest extent permitted by law, forsalebyowner.com.au disclaims any warranties for other services or goods received through or advertised on the forsalebyowner.com.au site or the sites or service, or accessed through any links on the forsalebyowner.com.au site. To the fullest extent permitted by law, forsalebyowner.com.au disclaims any warranties for viruses or other harmful components in connection with the forsalebyowner.com.au site or the service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

15. LIMITATIONS OF LIABILITY

Under no circumstances shall forsalebyowner.com.au be liable for direct, indirect, incidental, special, consequential, or exemplary damages (even if forsalebyowner.com.au has been informed of the possibility of such damages), resulting from any aspect of your use of the forsalebyowner.com.au site or the service, whether the damages arise from use or misuse of the forsalebyowner.com.au site or the service, from inability to use the forsalebyowner.com.au site or the service, or the interruption, suspension, modification, alteration, or termination of the forsalebyowner.com.au site or the service. Such limitation shall also apply for damages incurred because of other services or products received through or advertised in connection with the forsalebyowner.com.au site, or the service, or any links on the forsalebyowner.com.au site, as well as by reason of any information or advice received through or advertised in connection with the forsalebyowner.com.au site or the service or any links on the forsalebyowner.com.au site. These limitations shall apply to the fullest extent permitted by law.

16. INDEMNITY

You agree to indemnify and hold forsalebyowner.com.au, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party resulting from or arising out of content you submit, post or make available through the Service, your use of the Service, your violation of the TERMS OF USE, your breach of any of the representations and warranties herein, or your violation of any rights of another.

17. GENERAL INFORMATION

The TERMS OF USE constitute the entire agreement between you and forsalebyowner.com.au and govern your use of the Service, superseding any prior agreements between you and forsalebyowner.com.au.  The TERMS OF USE and the relationship between you and forsalebyowner.com.au shall be governed by Australian laws without regard to its conflict of law provisions. The failure of forsalebyowner.com.au to exercise or enforce any right or provision of the TERMS OF USE shall not be a waiver of such right or provision. If any provision of the TERMS OF USE 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 TERMS OF USE remain in full force and effect.

18. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TERMS OF USE, by flagging the posting(s) for review, or by emailing to: abuse@forsalebyowner.com.au

Our failure to act on a breach by you or others does not waive our right to act on subsequent or similar breaches.