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Terms of Use

Discussion in 'Site Information' started by Dan, Sep 10, 2010.

By Dan on Sep 10, 2010 at 6:14 PM
  1. Dan

    Dan Administrator Staff Member Administrator 2016 Tipping Competitor

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    Terms and Conditions
    Please review the following User Agreement carefully before using this website.

    Your access to the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (known collectively as the "Terms of Use") and any other notices displayed elsewhere on this website. Your use of, and/or access to, the website constitutes your agreement to the Terms of Use.

    Silvertails.net reserves the right to amend the Terms of Use at any time, and, since you are bound by these Terms of Use, we suggest you check back and review this document from time to time.

    The following User Agreement ("Agreement") governs the use of the www.silvertails.net online service ("Service"), including participation in its bulletin boards, forums, personal ads and chats, as provided by silvertails.net ("Service Provider"). Please read the rules contained in this Agreement carefully. You can access this Agreement any time at http://www.silvertails.net/5605/forum-terms-of-service. Your use of and/or registration on any aspect of the Service will constitute your agreement to comply with these rules. If you cannot agree with these rules, please do not use the Service. These rules may be modified from time to time; the date of the most recent revisions will appear on this page. Continued access of the Service by you will constitute your acceptance of any changes or revisions to the Agreement.

    Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Service, may result in suspension or termination of your access to the Service, without notice, in addition to Service Provider's other remedies.

    Users of Silvertails please note: Silvertails.net is designed for electronic communications only. Silvertails takes no responsibility for screening members and makes no endorsement either explicit or implied as to the character and bone fides of any member. If any member chooses to pass on their private details or personal contact information to another Silvertails.net user they do so entirely at their own risk.
    Rules of Usage
    COMMENTS BY USERS ARE NOT ENDORSED BY SERVICE PROVIDER:
    Service Provider does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on bulletin boards, forums or otherwise contained in the Service. Nor does Service Provider or its third party service providers make any warranties with respect to any of the merchandise featured or mentioned on the Service. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements or those who actually sell any merchandise, and do not necessarily represent the views of Service Provider or its third party service providers.

    USE OF THE SERVICE BY YOU:
    Your right to use the Service is personal to you – you may not authorise others to use the Service, and you are responsible for all use of the Service by you and by those you allow to use, or provide access to, the Service.

    The Service is not intended for users under the age of 16, and Service Provider does not knowingly collect personally identifiable information from users under the age of 16. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.

    You agree not to use any obscene, indecent, or offensive language or to place on the Service any material that is defamatory, abusive, harassing, or hateful. Further, you may not place on the Service any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
    You are responsible for ensuring that any material you provide to the Service or post on a bulletin board or forum, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Material on the Service is for your personal use only. The Service contains copyrighted and other proprietary information.
    You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Service, except as permitted by the Copyright Act or other law or as expressly permitted in writintg by this Agreement, Service Provider or the Service.
    You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service.
    Other than connecting to Service Provider's servers by http requests using a Web browser, you may not attempt to gain access to Service Provider's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.
    You acknowledge that Service Provider has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service. Your linking to any service or site is at your sole risk.

    Use of material supplied by you
    By posting messages, uploading files, inputting data, or engaging in any other form of communication through the Service, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.

    COPYRIGHT COMPLAINTS:
    Service Provider respects the intellectual property of others, and we ask our users to do the same. Service Provider may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.

    If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Service Provider by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below.

    A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Service Provider to locate the material;
    Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
    A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

    For communications on other matters, please email daniel.hewes@gmail.com.
    Materials posted by others
    You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
    Indemnification
    You agree to indemnify Service Provider and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Service.
    Editing and deletions
    Service Provider reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Service or its bulletin boards, in its sole discretion, without notice.
    Additional rules
    Service Provider reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Service. Such additional rules will be posted in the relevant parts of the Service, and will be clearly identified. Your continued use of the Service constitutes your agreement to comply with these additional rules.
    DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
    YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.

    SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

    YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

    TERMINATION OF ACCESS TO THE SERVICE:
    The Service Provider has the right to terminate your ability to access the Service, for any or no reason, without notice.

    JURISDICTION:
    Service Provider makes no representation that materials on the Service are appropriate, available or legal in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

    You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of Australia, applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in an appropriate court in Australia. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
    SILVERTAILS.NET FORUM

    Silvertails.net Forum users agree to the following silvertails.net Forum Usage Agreement

    If you do not agree to the terms contained in this Agreement, please exit this Service.

    Email: daniel.hewes@gmail.com
    silvertails.net Forum Usage
    Your access to the silvertails.net website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (known collectively as the "Terms of Use") and any other notices displayed elsewhere on this Website. Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use.

    As a new member, you will be able to post on the forum but these initial posts will be moderated to ensure the content is acceptable and falls within our Forum user Terms and Conditions.

    Silvertails.net reserves the right to amend the Terms of Use at any time, and, since you are bound by these Terms of Use, we suggest you check back and review this document from time to time.

    All users must be aged 16 and over.
    Inappropriate Language and Use
    The use of inappropriate or offensive language is not permitted on the silvertails.net Forum. Inappropriate or offensive language includes, but is not limited to, any language or content that is sexually oriented, sexually suggestive, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or contains racially, ethnically or otherwise objectionable material of any kind.

    Posts, which Silvertails.net considers to be abusive, defamatory, discriminatory or off-topic, or otherwise unlawful, will not be accepted. Messages that are factually wrong and misleading may also be deleted.

    Silvertails.net reserves the right to reject contributions that have been widely canvassed in the forum, are unconstructive or inconsistent with the Silvertails.net brand. It also reserves the right to reject contributions from participants who seek to dominate the discussion.

    Contributions that seek to endorse commercial products or activities or solicit business will not be accepted.

    Topics of discussion that are considered inappropriate on the silvertails.net Forum will be deleted without prior notification. If a thread does not fall into any category provided, it is regarded as inappropriate. We ask that you please be considerate to other members in the silvertails.net Forum when posting your messages.

    Silvertails.net reserves the right to ban a user at any time, without notice, if it is identified that users continue to post inappropriate threads for discussion on this Forum.

    Silvertails.net will not tolerate users expressing forms of bigotry, racism, hatred, or profanity. This includes, but is not limited to, the use of punctuation characters or symbols to simulate swearing. The silvertails.net Forum is designed to be accessed by people of all ages 16 and over, and foul language will not be tolerated.

    We encourage every user to treat every other user with mutual respect. Do not use the silvertails.net Forum to threaten, harass, stalk, or abuse others participating in any discussion.

    Silvertails.net does not tolerate disruptive activity online, such as persistent off-colour comments and postings or statements that incite others to violate this user agreement or participate in illegal activities.

    If you are in doubt as to whether the content you wish to post is appropriate, please contact Silvertails.net who can advise you on the issue. You can contact Silvertails.netby email here: daniel.hewes@gmail.com.

    URGENT NOTE: To avoid spam and unwanted communication you should always exercise judgment when revealing personal information about yourself when posting messages in public forums.
    Username
    Should you wish to participate on the silvertails.net Forum you will need a username to advise people who you are.
    The username field is compulsory and must be unique. If the name you select is already in use you will be prompted to choose a different one.
    The silvertails.net Forum Private Messaging System
    All information passing through the Private Messaging System, or PM, may legally be viewed by and disclosed to management, untrammeled by any (legal) concerns regarding privacy.

    Please be reassured access is only made to carry out investigations against any complaints/queries where the content of the Private Messaging can be at risk to this Forum.

    We would like to remind you that sensitive and confidential information should not be sent via posts or Private Messaging.
    Stay Inside the Law
    Silvertails.net does not allow any illegal activities on its Forum. You cannot use the Forum to publish, post, distribute, or disseminate defamatory, infringing, obscene, or other unlawful material or information.

    Do not upload files or post messages that contain photos, software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents. Silvertails.net is not responsible for any use of anything you say or post in its Forum.

    Silvertails.net does not allow posting or use of computer programs that contain destructive features such as: viruses, worms, Trojan horses, or bots for the use of scrolling, showing multiple screens and other activities that can be disruptive to online communication. Silvertails.net reserves the right to ban users found to be posting such unlawful and destructive material in the silvertails.net without notice.
    No Spam - No Selling
    Silvertails.net does not tolerate Spamming in its Fourm. To spam includes sending identical and irrelevant submissions to many different Forum areas. Usually such postings have nothing to do with the particular topic of the group or are of no real interest to those on the mailing list. To spam also includes misrepresenting the source of anything you say or post. Spamming is a serious violation of online etiquette.

    Silvertails.net will not condone users seen to be using their Forum signature as an advertising mechanism and/or emailing or private messaging our users with spam regarding their services. Silvertails.net reserves the right to give a final warning to users violating this clause.

    Silvertails.net reserves the right to ban a user at any time, without notice, from any or all silvertails.net Forum areas for spamming.

    The silvertails.net Forum areas are not designed to be used as the primary mechanism for operating your business or providing core information about your business. You may use the "For Sale" and "Wanted" areas of the silvertails.net Forum to assist with private sales of goods between members.

    Any use of the silvertails.net “For Sale,” “Wanted Forums for private purposes is solely at your own risk and Silvertails.net has no liability for such use.

    It is your responsibility to advise the Silvertails.net when an item has been sold. Items which remain unsold for a period of 3 months will be deleted automatically, without notification.
    Listing Description
    You must be legally able to sell the item(s) you list for sale on the silvertails.net Forum.
    Restrictions

    Your Information (including, but not limited to any items listed) must not:
    Be false, inaccurate or misleading;
    Be fraudulent or involve the sale of counterfeit or stolen items;
    Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
    Violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices/fair trading laws);
    Be defamatory, trade libellous, unlawfully threatening or unlawfully harassing. NO PETS ALLOWED.

    Avatars
    What is an Avatar?

    An avatar is a small image that represents you online. The avatar you select in your silvertails.net Forum profile will appear on any Forum post you make.

    The use of inappropriate or offensive avatars is not permitted on the silvertails.net Forum. Inappropriate or offensive avatars includes, but is not limited to, any content that is sexually oriented, sexually suggestive or abusive, vulgar, obscene, profane or that contains racially, ethnically or otherwise objectionable material of any kind. We ask that you please be considerate to other members in the Forum when selecting your avatar image.
    Banning
    Silvertails.net and the Team reserve the right to ban users who breach the Terms stipulated in this User Agreement. Users may be banned at any time, without notice.
    Your responsibilities
    You are responsible and liable for all your activities while participating in the silvertails.net Forum. Remember that you are responsible for anything you say or post.

    Once a post has been made live in the silvertails.net Forum, unless it is brought to one of the Moderators’ attention as being in breach of this User Agreement, and is required to be edited or deleted, it is not a service we offer to remove users posts, therefore please consider your post carefully prior to making live.

    Silvertails.net does not tolerate any argumentative, derogatory or hurtful remarks regarding companies or individuals. Any such remarks should be sent directly to the company or individual concerned and not posted on this Forum. Any such remark deemed unacceptable will be edited or deleted without prior notification.

    Some Forum posts may provide Internet website links in their area. Please be advised that Silvertails.net is not responsible for the content on the Websites associated with the links you may view.

    Some content and links on the Internet may contain adult content and may not be suitable to some age groups. Please do not post links of that sort to the silvertails.net Forum. Any user found to be doing so will be banned.

    You are responsible for any actions you may take based on advice or information you receive online. Use your own good judgment when evaluating information provided through any Forum post, remember that the information provided could be from people from 16 and over and any experience level. The decision to conduct transactions with anyone is your own and you should conduct your own research prior to making any decisions.

    The silvertails.net Forum is moderated daily, with any undesirable or inappropriate posts edited or deleted and kept on file. Any user(s) seen to be repeatedly in breach of this User Agreement, will have their registration cancelled without prior warning.
    Silvertails.net does not and cannot review all information posted to the Forum by users and is not responsible for such information. However, Silvertails.net reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason whatsoever or for no reason.

    For further information on the use of this site and its services.
    Intellectual Property
    The material used in conjunction with the silvertails.net Forum and silvertails.net website may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Daniel Hewes, daniel.hewes@gmail.com . This clause includes (but is not limited to) Moderators’ Private Messages, Forum threads and posts. If silvertails.net witnesses such reproduction; then legal action may take place as a result.
    Reporting Undesirable Posts or Users
    To report undesirable posts or to bring to our attention users who may not be following the silvertails.net Forum User Agreement, please email the moderators on daniel.hewes@gmail.com or use the “report post” link within the post- your comments will remain anonymous. Please DO NOT post your grievances in this forum.
    Privacy notice
    Cookies & 3rd Party Advertisements
    Google, as a third party vendor, uses cookies to serve ads on your site. Google's use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
    We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit http://www.networkadvertising.org/managing/opt_out.asp.
     
     

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Discussion in 'Site Information' started by Dan, Sep 10, 2010.

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