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Site Terms and Conditions:
Terms and Conditions This Agreement was last revised on October 27 2007
- Acceptance of Terms
This website located at 928.LandSharkOz.com. This site is being provided by ThingFish Pty Ltd subject to your acceptance of the following User Agreement which may be updated from time to time.
By becoming a Visitor or User of the Site, you agree to be bound by the terms of this Agreement.
- Types of Visitors
Any person using the Site, either manually or via an automated device or program, shall be deemed a "Visitor" under this Agreement.
All Visitors are bound by the terms of this Agreement. If you do not agree to be bound by the terms of this Agreement, then you should not use or access the Site.
A Visitor who becomes a registered User of the Site shall called a "User."
- Description of Services
LandSharkOz BeerGarden is a service where users can find referrals for businesses and services from friends, friends of friends and an associated network of local participants indirectly associated with friends.
- Conditions of Use
Users must be over the age of 18 in order to become a User, you must register and provide personal information, including but not limited to, name, address, and email address. Providing false Registration Information constitutes a material breach of the Agreement.
- No Endorsement of Content or Businesses
LandSharkOz BeerGarden makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on the Site including, without limitation, the availability or quality of any of the services offered by third parties.
LandSharkOz BeerGarden does not control the quality, safety, truth or accuracy of the content.
All content provided by Users of the Site is the sole responsibility of the User, not LandSharkOz BeerGarden.
You understand that by using the site you may be exposed to content that is inaccurate, misleading, or otherwise objectionable. The Site may contain hyperlinks to third party web sites outside of the Site. We make no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on those third party web sites. We have no control over the content of any hyperlinked third party web sites and shall have no obligation to review those sites' content. Your linking to any other websites is at your own risk. Under no circumstances will LandSharkOz BeerGarden be liable for any loss or damage of any kind as a result of the use of any content or service providers posted, emailed or otherwise made available through the Site.
- Acceptable and Lawful Use of Site
Any Registration Information, computer information, or other information a User or Visitor provides to us in connection with the use of the Site:
(a) shall not be false, inaccurate, deceptive, deceitful, or misleading;
(b) shall not be obscene or indecent;
(c) shall not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(d) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, invasive of another’s privacy, or harm minors in any way; (
(g) shall not include personal or identifying information about another person who does not wish to be included.
LandSharkOz BeerGarden reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.
- License Granted
User grants LandSharkOz BeerGarden a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright and publicity rights
All Users have in Registration Information provided to LandSharkOz BeerGarden. LandSharkOz BeerGarden will only use this Registration Information in accordance with its Privacy Policy.
- Relationship
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement between Visitors and LandSharkOz BeerGarden.
This Agreement is between the Visitor and LandSharkOz BeerGarden and is not intended to be for the benefit of any third party.
If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that LandSharkOz BeerGarden is under no obligation to become involved.
In the event that you have a dispute with one or more users or third parties, you hereby release LandSharkOz BeerGarden, its officers, employees, agents and successors in rights from claims, demands and damages arising out of or in any way related to such disputes and/or services.
- Posting Reviews on LandSharkOz BeerGarden
By posting a review, the poster thereby represents that the review is based upon an actual experience with the merchant being reviewed. You represent and warrant that you own or otherwise control all of the rights to the content you post and that the content is accurate.
LandSharkOz BeerGarden reserves the right, but not the obligation, to refuse to post or to remove any review or portions thereof, in any media worldwide.
Businesses are not allowed to review themselves for the purpose of advertising. Any reviews deemed originating from a business owner and/or other representative for the sole purpose of promoting the business will be deleted.
Reviews do not reflect the views of LandSharkOz BeerGarden. LandSharkOz BeerGarden does not assume responsibility or liability for any review or for any claims, damages, or losses resulting from any use of the Site or the site content.
With respect to content you submit, or have previously submitted, or make or made available for inclusion on the Site, including but not limited to any Reviews ("Content"), you grant LandSharkOz BeerGarden an exclusive, world-wide, royalty-free, 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.
This license means that LandSharkOz BeerGarden, or affiliated companies have the unrestricted, perpetual and exclusive right to use, reproduce, modify, transmit, and distribute any and all materials and communications regarding and including submitted reviews, or portions thereof, in any media worldwide.
- Offline Conduct
Although LandSharkOz BeerGarden cannot monitor the conduct of its users off the Site, it is a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent. In addition, LandSharkOz BeerGarden provides phone numbers to its advertisers for the express purpose of soliciting business from the users of LandSharkOz BeerGarden. It is a violation of these rules for users to call these numbers to solicit business from advertisers, to test the service or for any reason other than inquiring about the products and services being advertised.
- Security
We secure your Registration Information. Users should not disclose Registration Information to third parties. Users are responsible for all activities which occur under their Registration Information. User agrees to immediately notify us in writing of any unauthorized use of User's account.
- Privacy Statement; Email
Visitors agree that they have read and understand the terms of our Privacy Policy.
Visitors acknowledge that the Site may link to other sites not controlled by us and that the collection of a Visitor's data by these sites is outside the scope of our control. LandSharkOz BeerGarden reserves the right to monitor a User's use of the Site in accordance with our Privacy Statement.
Users acknowledge that by becoming a User, they consent to receipt of certain email messages from us in connection with the use of the.
- System Integrity
Visitors may not use any device, software or routine to interfere with the proper working of the Site. Visitors may not use any method to intercept or expropriate any system data or information from the Site without the express written permission of LandSharkOz BeerGarden. Visitors may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited email (i.e.: "Spam"). Visitors shall not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior expressed written permission of LandSharkOz BeerGarden.
Information on the Site is frequently updated and is proprietary or is licensed to LandSharkOz BeerGarden. Visitors agree that they will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our web site without the prior expressed written permission of LandSharkOz BeerGarden and the appropriate third party.
- System Outages
We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. We shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, nondelivery of information caused by such system outages.
- No Warranty
LandSharkOz BeerGarden provides this web site without any warranty or condition, express, implied or statutory. Visitor assumes total responsibility and risk for use of this site, use of any service providers obtained from this site, and hyperlinked web sites.
We make no warranty that the site will be uninterrupted, timely, secure or error free, nor do we make any warranty as to the accuracy or reliability of any information obtained through the site or that any defects will be corrected. No advice or information, whether oral or written, obtained by a user from LandSharkOz BeerGarden shall create any warranty.
- Other Limitations of Liability
In no event whatsoever shall LandSharkOz BeerGarden, its parent company, shareholders, affiliates, suppliers or their respective authorized representatives be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, (however arising in tort, contract, or otherwise) regardless of such party's negligence or whether such party knew or should have known of the possibility of such damages.
Users understand and agree that the download and upload of any material through this site is done at your discretion and risk and that you will be solely responsible for any loss or damage to your computer system or loss of data that may result in the download or upload of any material.
LandSharkOz BeerGarden neither assumes, nor does it authorize any other person to assume on its behalf, any other liability in connection with the provision of the site.
- Indemnification
Visitor and User agree to indemnify, defend and hold harmless LandSharkOz BeerGarden, its parent company, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from Visitor's or User's (directly or through its agents) use of the Site
- Violations of Terms and Liquidated Damages
Please report any violations of these Terms of Service, by emailing to LandSharkOz@gmail.com
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.
- Intellectual Property
All pages within the Site are the property of LandSharkOz BeerGarden. No portion of the materials on the Site pages may be reprinted, republished, modified, or distributed in any form without the express written permission of LandSharkOz BeerGarden.
All trademarks and/or logos used on this Site are the trademarks, service marks or logos of their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the trademarks in Visitor.
By posting, uploading, inputting, providing or submitting ("Posting") your comments, feedback, concepts, know-how, Registration Information, or ideas ("Submission"), you irrevocably assign free of charge, all worldwide rights, title and interest in all copyrights in the Submission to LandSharkOz BeerGarden
You agree not to post or otherwise provide any submission that you consider confidential or proprietary, and any submissions you post will be deemed and treated as non-confidential and non-proprietary.
Do not post any Submissions that you do not want to assign to LandSharkOz BeerGarden. No compensation will be paid or is due with respect to the assignment or use of your Submission, as provided herein. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to assign, provide, post, upload, input or submit the Submission.
- Inquiries
LandSharkOz BeerGarden
LandSharkOz@gmail.com
- When you use our classifieds
By accessing LandSharkOz BeerGarden classifieds you agree to be bound by the following terms and conditions of use: the terms and conditions of use may be changed at any time by LandSharkOz BeerGarden online, and your continued access to the website means that you agree to be bound by the most current version of the terms and conditions of use.
LandSharkOz BeerGarden classifieds is an open medium where community members are free to post whatever, within reason! You are solely responsible for all information that you submit to LandSharkOz BeerGarden and any consequences that may result from your post. We do not edit postings, we do however, reserve the right to refuse or delete postings that we believe are inappropriate.
LandSharkOz BeerGarden and all content of LandSharkOz BeerGarden is protected by copyright, trade marks, database and other intellectual property rights.
All information and materials appearing on LandSharkOz BeerGarden are protected by copyright and are the property of LandSharkOz BeerGarden or the party credited as the poster of the information.
You may not copy, reproduce, distribute, publish, create derivative works, store electronically, transmit or in any way exploit for commercial gains or otherwise, any content or posted information on LandSharkOz BeerGarden
If you make postings to LandSharkOz BeerGarden providing false contact details or impersonating another party we reserve the right to pass your details and IP address on to the agrieved third party, their agents or any law enforcement agency
Disclaimer
The information contained on this community website is for information purposes. Whilst every care has been taken in its preparation, LandSharkOz BeerGarden does not make any warranties nor representations as to its accuracy or reliability. We neither accept nor assume any reliability in relation to the contents of these pages which should not be relied upon as accurate.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, 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.
In no event do we accept liability of any description including liability for negligence for any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with the viewing, use or performance of this website or its contents. The pages contained in this website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept neither responsibility for keeping the information in these pages up to date nor liability for any failure to do so.
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.
As a condition of your use of the Site you agree that you will not:
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
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
post or transmit any material of any kind which contains a virus or other harmful component
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.
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