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| GeckoOptical.com Terms of Use /
Access Agreement : |
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| Please read this Agreement carefully before accessing GeckoOptical.com
Free Optical Classifieds. As a condition to and in consideration of
receiving and accessing GeckoOptical.com Free Optical Classifieds,
the User agrees to be bound by the terms of this Agreement. Use of
or access to GeckoOptical.com Free Optical Classifieds shall constitute
acceptance of and agreement to be bound by this Agreement.
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS
GeckoOptical.com Free Optical Classifieds If you have any questions
about the terms of use, please contact GeckoOptical.com via e-mail
at admin@GeckoOptical.com |
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GeckoOptical.com Free Optical Classifieds terms
of use
THIS AGREEMENT "Agreement" is entered into by and between GeckoOptical.com
Free Optical Classifieds and any individual, corporation, association, agency,
company, or other entity who accesses or uses GeckoOptical.com Free Optical Classifieds
(the "User"or "you"). GeckoOptical.com Free Optical Classifieds,
which is provided without charge to you, is a World Wide Web site on the Internet
that is designed to allow users to submit classified ads and/or to view classifieds
ads submitted by other users or interact with those users.
GeckoOptical.com Free
Optical Classifieds is owned and operated by Michael Toms the proprietor
of GeckoOptical.com Free Optical Classifieds contains or may contain
information, communications,
opinions, text, graphics, links, electronic art, animations, audio, video,
software, photos,
music, sounds and other material and data (collectively, "Content")
formatted, organized and collected in a variety of forms that are generally accessible
to Users, including directories and databases, and areas of GeckoOptical.com
Free Optical Classifieds that can be modified by Users, such as posting ads,
registering user profiles and other "Interactive Areas". |
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1. User Rights and Responsibilities
1.1 Access to the GeckoOptical.com
Free Optical Classifieds.
You are responsible for providing all hardware,
software, telephone or other communications equipment and/or
service to connect to the Internet and access GeckoOptical.com Free
Optical
Classifieds and are responsible for all Internet access charges,
telephone charges or other fees or charges incurred in connecting
to the Internet and accessing GeckoOptical.com Free Optical Classifieds.
1.2
User Conduct.
You agree to access and use GeckoOptical.com Free Optical Classifieds
only for lawful purposes. You are solely responsible for the knowledge
of and adherence to any and all laws, statutes, rules and regulations,
pertaining to (i) your use of GeckoOptical.com Free Optical Classifieds,
including any Interactive Area, (ii) the use of any networks or
other services connected to the GeckoOptical.com Free Optical Classifieds,
and (iii) the communications means by which you connect your modem,
computer, or other equipment to the GeckoOptical.com Free Optical
Classifieds. By accessing the GeckoOptical.com Free Optical Classifieds,
you agree to the following:
- Not to restrict or inhibit any other user from using and
enjoying the Interactive Features;
- Not to post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic, profane,
or indecent information of any kind, including without limitation
any transmissions constituting or encouraging conduct that
would constitute a criminal offense, give rise to civil liability
or otherwise violate any local, state, national, or international
law;
- Not to duplicate
ads from other classifieds and auctions within GeckoOptical.com
(exceptional to sponsors only). Nor to post or transmit
any information, software, or other material which violates
or infringes in the rights of others, including material
which is an invasion of privacy or publicity rights or
which is protected by copyright, trademark or other proprietary
right, or derivative works with respect thereto, without
first obtaining permission from the owner or right holder.
- Not to post or transmit any information, software or other
material which contains a virus or other harmful component;
- Not to alter, damage or delete any Content or other communications
that are not your own Content or to otherwise interfere with
the ability of others to access GeckoOptical.com Free Optical
Classifieds;
- Not to disrupt the normal flow of communication in an Interactive
Area;
- Not to claim a relationship with or to speak for any business,
association, institution or other organization for which
you are not authorized to claim such a relationship;
- Not to violate any operating rule, policy or guideline
of your Internet access provider or online service.
- Only sponsors are allowed to have a web address amongst
an advert.
- There are conditions for
trading new items on GeckoOptical.com Free Optical Classifieds.
GeckoOptical.com Free Optical Classifieds
is focused on the used and second hand market. Used and second
hand items are free to advertise amongst the column of ads. If
you intend to sell new items amongst the categories of GeckoOptical.com
Free Optical Classifieds. You will be
obliged to pay the yearly
sponsorship fee of A$70.00
That will give your business better coverage through out
GeckoOptical.com
A new item is that which is bought from the dealer, retailer,
manufacturer, commercial or private suppliers to sell onto
the customer as part of your business. Where the new item
has been untouched from its original packaging and in no
point of time been opened or unsealed nor ever used or undamaged.
With all original warranty and guarantee forms remaining
intact. With intent to sell as a complete new item. Once
you become a sponsor who
sells new items can then place it free amongst the classifieds
of GeckoOptical.com Free Optical Classifieds.
Descriptive terms such as Like New or Like New In Box (LNIB)
are describing a used item in a state of new condition. Where
all packaging has been opened and the item has been used.
- You are older than 15 years of age to use GeckoOptical.com
Free Optical Classifieds
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2. Intellectual Property Rights
2.1 GeckoOptical.com Free Optical
Classifieds content.
(a) You acknowledge that Content on GeckoOptical.com Free Optical
Classifieds is generally provided by GeckoOptical.com Free Optical
Classifieds, individual contributors of Content ("Contributors"),
third party licensees, and/or other Users. You acknowledge that
GeckoOptical.com Free Optical Classifieds permits access to Content
that is protected by copyrights, trademarks, and other proprietary
(including intellectual property) rights ("Intellectual Property
Rights"), and that these Intellectual Property Rights are
valid and protected in all media existing now or later developed
and except as is explicitly provided below, your use of Content
shall be governed by applicable copyright and other intellectual
property laws. You acknowledge that GeckoOptical.com Free Optical
Classifieds owns a copyright in the "look and feel," i.e.,
the selection, coordination, arrangement and presentation of such
Content.
(b) You may not modify, copy, reproduce, transmit, distribute,
publish, create derivative works from, display or otherwise transfer
or commercially exploit any of the Content, in whole or in part,
provided, however, that you may
- (i) make a reasonable number of digital or other form of
copies to permit your computer hardware and software to access
and view the Content,
- (ii) print one copy of each piece of Content,
- (iii) make and distribute a reasonable number of copies
of Content, in whole or in part, in hard copy or electronic
form for internal use only. Any permitted copies of Content
must reproduce in an unmodified form any notices contained
in the Content, such as all Intellectual Property Right notices,
and an original source attribution to "GeckoOptical.com
Free Optical Classifieds" and its URL address. You acknowledge
that GeckoOptical.com Free Optical Classifieds, its Contributors,
and/or Users remain the owners of the Content and that you
do not acquire any Intellectual Property Rights by downloading
or printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit,
post, publish, reproduce or distribute, on or through GeckoOptical.com
Free Optical Classifieds only Content that is not subject to
any Intellectual Property Rights, or Content in which any holder
of Intellectual Property Rights has given express authorization
for distribution over the Internet and on the GeckoOptical.com
Free Optical Classifieds, without restriction whatsoever. Any
Content submitted with the consent of a copyright owner other
than you should contain a phrase such as "Copyright owned
by [name of owner]; Used by Permission." By submitting Content
to any Interactive Area, you automatically grant and/or warrant
that the owner of such Content, whether it be You or a third
party, has expressly granted to GeckoOptical.com Free Optical
Classifieds the royalty-free, perpetual, irrevocable, non-exclusive,
unrestricted, worldwide right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
sublicense, distribute, perform, and display such Content, in
whole or in part, worldwide and/or to incorporate it in other
works in any form, media, or technology now known or later developed
for the full term of any Intellectual Property Rights that may
exist in such Content. You also permit GeckoOptical.com Free
Optical Classifieds to sublicense to third parties the unrestricted
right to exercise any of the foregoing rights granted with respect
to such Content. You also permit any User to access, view, store
and reproduce the Content for personal use.
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3. Termination
The only right with respect to
dissatisfaction with any policies, guidelines, or practices of GeckoOptical.com
Free Optical Classifieds in operating GeckoOptical.com Free Optical
Classifieds, or any change in Content, is for you to discontinue
accessing GeckoOptical.com Free Optical Classifieds. The GeckoOptical.com
Free Optical Classifieds may terminate or temporarily suspend your
access to all or any part of GeckoOptical.com Free Optical Classifieds,
without notice, for conduct that GeckoOptical.com Free Optical Classifieds
believes is a violation of this Agreement or any policies or guidelines
posted by GeckoOptical.com Free Optical Classifieds, or for other
conduct which GeckoOptical.com Free Optical Classifieds believes,
in its sole discretion, is harmful to GeckoOptical.com Free Optical
Classifieds or other Users. GeckoOptical.com Free Optical Classifieds
may discontinue operating the GeckoOptical.com Free Optical Classifieds
and terminate this Agreement without notice at any time for any reason
in its sole discretion. In the event of termination, you are no longer
authorized to access the GeckoOptical.com Free Optical Classifieds
and the restrictions imposed on you with respect to Content downloaded
from the GeckoOptical.com Free Optical Classifieds, as well as the
disclaimers and limitations of liabilities set forth in this agreement,
shall survive. |
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| 4. Links; Disclaimers Of Warranties; Limitations
of Liability 4.1 Links.
You understand that except for Content, products or services expressly
available at GeckoOptical.com Free Optical Classifieds, neither
GeckoOptical.com Free Optical Classifieds, its subsidiary and parent
companies, or affiliates, or their respective directors, officers,
employees, and agents controls, provides, or is responsible for
any Content, goods or services available through sites on the Internet
linked to or from GeckoOptical.com Free Optical Classifieds. All
such Content, goods and services are made accessible on the Internet
by independent third parties and are not part of GeckoOptical.com
Free Optical Classifieds or controlled by GeckoOptical.com Free
Optical Classifieds. GeckoOptical.com Free Optical Classifieds
neither endorses nor is responsible for the accuracy, completeness,
usefulness, quality or availability of any Content, goods or services
available on any site linked to or from GeckoOptical.com Free Optical
Classifieds, which are the sole responsibility of such independent
third parties, AND YOUR USE THEREOF IS SOLELY AT YOUR OWN RISK.
Neither GeckoOptical.com Free Optical Classifieds, its subsidiary
and parent companies, or affiliates, or their respective directors,
officers, employees, and agents shall be held responsible or liable,
directly or indirectly, for any loss or damage caused or alleged
to have been caused by your use of or reliance on any Content,
goods or services available on any site linked to or from GeckoOptical.com
Free Optical Classifieds or your inability to access the Internet
or any site linked to or from GeckoOptical.com Free Optical Classifieds. |
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4.2 Disclaimer of Warranties.
Please use your best judgment in evaluating all information contained
or opinions expressed on GeckoOptical.com Free Optical Classifieds.
It is the policy of GeckoOptical.com Free Optical Classifieds not
to endorse or oppose any opinion expressed by a User or Content provided
by a User, Contributor, or other independent party. YOU EXPRESSLY
AGREE THAT YOUR USE OF GeckoOptical.com Free Optical Classifieds
IS AT YOUR SOLE RISK. NEITHER GeckoOptical.com Free Optical Classifieds
NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS,
AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA,
INFORMATION OR SERVICES WARRANTS THAT GeckoOptical.com Free Optical
Classifieds OR ANY INTERNET SITE LINKED TO OR FROM GeckoOptical.com
Free Optical Classifieds WILL BE UNINTERRUPTED OR ERROR FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE
AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF GeckoOptical.com
Free Optical Classifieds OR ANY INTERNET SITE LINKED TO OR FROM GeckoOptical.com
Free Optical Classifieds OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY,
AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY,
AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE,
OR TRANSACTION PROVIDED THROUGH GeckoOptical.com Free Optical Classifieds
OR ANY SITE LINKED TO OR FROM THE . GeckoOptical.com Free Optical
Classifieds IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. |
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4.3 Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL GeckoOptical.com Free Optical Classifieds,
ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS,
BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER
OR ARISING FROM THIS AGREEMENT, GeckoOptical.com Free Optical Classifieds,
OR ANY INTERNET SITE LINKED TO OR FROM GeckoOptical.com Free Optical
Classifieds, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION,
ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR,
INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION,
OR USE OF, RECORDS. UNDER NO CIRCUMSTANCES SHALL GeckoOptical.com
Free Optical Classifieds, ITS SUBSIDIARY AND PARENT COMPANIES, OR
AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY
FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT
CONTAINED WITHIN GeckoOptical.com Free Optical Classifieds OR THE
CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM GeckoOptical.com
Free Optical Classifieds. THE CONTENT WITHIN GeckoOptical.com Free
Optical Classifieds AND THE CONTENT WITHIN INTERNET SITES LINKED
TO OR FROM THE GeckoOptical.com Free Optical Classifieds MAY INCLUDE
TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL
BE INCORPORATED IN NEW VERSIONS OF GeckoOptical.com Free Optical
Classifieds AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT.
GeckoOptical.com Free Optical Classifieds AND ITS CONTRIBUTORS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM
TIME TO TIME. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT GeckoOptical.com
Free Optical Classifieds IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE,
FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE
DISSATISFIED WITH ANY GeckoOptical.com Free Optical Classifieds SITE
CONTENT, OR WITH THE ACCESS AGREEMENT OF GeckoOptical.com Free Optical
Classifieds, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING GeckoOptical.com Free Optical Classifieds
PERIOD. |
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| 5. Indemnity
You agree to indemnify and hold GeckoOptical.com
Free Optical Classifieds, its parent or subsidiary companies and
their affiliates, and their respective directors, officers, employees,
and agents from any and all liabilities, claims and expenses, including
reasonable attorneys fees, arising from breach of this Agreement,
any other policy, your use or access of GeckoOptical.com Free Optical
Classifieds or any Internet site linked to or from the GeckoOptical.com
Free Optical Classifieds, or in connection with the transmission
of any Content on GeckoOptical.com Free Optical Classifieds. |
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| 6. Miscellaneous This Agreement
comprises the
entire agreement between GeckoOptical.com Free Optical Classifieds
and you the user, and supersedes any prior agreements with respect
to the subject matter herein. GeckoOptical.com Free Optical Classifieds
may revise this Agreement or any other policy at any time and from
time to time, and such revision shall be effective two (2) days upon
posting notice of such revision prominently on GeckoOptical.com Free
Optical Classifieds notice board on the home page of GeckoOptical.com.
You agree to review this Agreement periodically to be aware of such
revisions. If any such revision is unacceptable to you, you must
discontinue accessing GeckoOptical.com Free Optical Classifieds.
Your continued accessing and use of GeckoOptical.com Free Optical
Classifieds following notice of any such revision shall conclusively
be deemed acceptance of all such revisions. The provisions of Sections
1.2, 2.1, 2.2, 4.1, 4.2, 4.3, 5 and 6 shall survive the termination
or expiration of this Agreement. If any provision of this Agreement
or any other policy be held invalid or unenforceable, that portion
shall be construed in accordance with applicable law as nearly as
possible to reflect the original intention of the parties and the
remaining portions will continue in full force and effect. The failure
of GeckoOptical.com Free Optical Classifieds to insist upon or enforce
strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. This Agreement shall
be governed by the laws of the state or province of domicile of GeckoOptical.com
Free Optical Classifieds, excluding its conflict of laws rules, and
you and GeckoOptical.com Free Optical Classifieds each submit to
the exclusive jurisdiction of the courts of that state or province.
This Agreement is personal to you and you may not assign your rights
or obligations thereunder to anyone. All logos, brand names, products,
trademarks and service marks appearing herein may be the trademarks
or service marks of their respective owners. References to any trademark,
service mark and links to or from GeckoOptical.com Free Optical
Classifieds have been done strictly for clarification and identification
and does not constitute endorsement by GeckoOptical.com Free Optical
Classifieds of the products, services or information offered by the
owner of such trademark, service mark or link or endorsement GeckoOptical.com
Free Optical Classifieds by such trademark, service mark or link
owner. |
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