Phuket.Net Classified Ads Terms of Service
1. Acceptance of Terms
Welcome to Phuket.Net Classifieds. Phuket.Net provides this classified ads service, (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms") which may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time at: http://www.phuket.net/classifieds/help/classifieds-tos.htm. By using the Service in any way, you are agreeing to comply with these Terms. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Phuket.Net Classifieds in any way, your only recourse is to immediately discontinue use of Phuket.Net Classifieds.
2. Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. The Phuket.Net Classified Ads Service and Content available through the Service may contain links to other websites, which are completely independent of Phuket.Net. Phuket.Net makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. You acknowledge that Phuket.Net shall have the right 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 or for any other reason.
3. Your Registration Obligations
In consideration of your use of the Service, you understand and agree that you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Phuket.Net has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Phuket.Net has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. Phuket.Net Privacy Policy
Phuket.Net has established a Privacy Policy to explain to users how their information is collected and used, located at http://www.phuket.net/admin/privacy.htm. Your use of the Phuket.Net website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Phuket.Net 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 law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; 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 Phuket.Net, its users or the general public.
5. Member Accounts, Password, and Security
During registration for a Phuket.Net Classifieds login, you will select a password and username. Upon successful registration for the Service, you will receive an account designation. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account, including your password. You agree to immediately notify Phuket.Net of any unauthorized use of your password or account or any other breach of security. Phuket.Net will not be liable for any loss or damage arising from your failure to comply with this.
6. Conduct
You understand that all materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages ("Content"), are the sole responsibility of the person from which such Content originated. Phuket.Net does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Phuket.Net be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any Content posted, emailed, transmitted, or otherwise made available via the Service.
You agree that you will not use the Service to:
(a) upload, post, email, transmit, or otherwise make available any Content that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Phuket.Net official, host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of illegal solicitation;
(h) upload, post, email, transmit or otherwise make available any material 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;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(k) disrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service;
(l) 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;
(m) "stalk" or otherwise harass another; or
(n) collect or store personal data about other users without their express consent or in connection with the prohibited conduct and activities set forth in paragraphs (a) through (m) above.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Phuket.Net and/or content providers who provide Content to the Service. You agree that you will not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Thailand or the country in which you reside.
8. Content Submitted or Made Available for Inclusion on the Service
Phuket.Net does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Phuket.Net the following world-wide, royalty free and non-exclusive license(s), as applicable:
* With respect to photos, graphics, audio, or video you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This licence exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Phuket.Net removes such Content from the Service.
* With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the 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.
9. Indemnity
You agree to indemnify and hold Phuket.Net, 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 due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
10. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11. General Practices Regarding Use and Storage
You acknowledge that Phuket.Net may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Phuket.Net's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Phuket.Net has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Phuket.Net reserves the right to log off accounts that are inactive for a certain period of time as determined by Phuket.Net. You further acknowledge that Phuket.Net reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. Modifications to Service
Phuket.Net reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Phuket.Net will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. Termination and Recycling of Accounts
You agree that Phuket.Net, in its sole discretion, may terminate your account or any part thereof, your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, (a) lack of use, (b) if Phuket.Net believes that you have violated or acted inconsistently with the letter or spirit of the Terms, (c) requests by law enforcement or other government agencies, (d) a request by you (self-initiated account deletions), (e) discontinuance or material modification to the Service (or any part thereof), (f) unexpected technical or security issues or problems, (g) in compliance with legal process; (h) if you have or we believe you have engaged in illegal activities, including without limitation, fraud, and/or (i) nonpayment of any fees owed by you in connection with the Services. Phuket.Net may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You acknowledge and agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice and that Phuket.Net may immediately deactivate or delete your account and all related Content (including without limitation email messages and photos) associated with or stored in your account and/or bar any further access to such Content or the Service. Further, you agree that Phuket.Net is not liable to you or any third-party for termination of your account, or termination of your access to the Service.
14. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, WARRANTIES, REPRESENTATIONS, OR CONDITIONS associated with such dealings, are solely between you and such advertiser. You agree that Phuket.Net is not responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of such advertisers on the Service.
15. Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Phuket.Net or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Phuket.Net grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Phuket.Net for use in accessing the Service.
16. Disclaimer of Warranties, Representations, and Conditions
You expressly understand and agree that:
(a) your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Phuket.net expressly disclaims all warranties, representations and conditions of any kind, whether express or implied, including, but not limited to the implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement.
(b) phuket.net makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
(c) any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(d) no advice or information, whether oral or written, obtained by you from phuket.net or through or from the service shall create any warranty not expressly stated in the terms.
17. Limitation of Liability
You expressly understand and agree that phuket.net shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if phuket.net has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
18. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties, representations and conditions or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 16 and 17 may not apply to you.
19. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Terms, there shall be no third party beneficiaries to this Agreement.
20. Notice
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Service.
21. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
Phuket.Net respects the intellectual property of others, and we ask our users to do the same. Phuket.Net may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 provide Phuket.Net with the following information in writing:
- a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
You can send claims of copyright or other intellectual property infringement to:
Phuket.Net
9/91 Moo 3
Rasadanusorn Road
Muang
Phuket 83000
22. General Information
Entire Agreement. The Terms constitute the entire agreement between you and Phuket.Net and govern your use of the Service, superseding any prior agreements, oral or written, between you and Phuket.Net with respect to the Service.
Choice of Law and Forum. The Terms and the relationship between you and Phuket.Net shall be governed by the laws of Thailand without regard to its conflict of law provisions. You and Phuket.Net agree to submit to the personal and exclusive jurisdiction of the courts located within Thailand.
Waiver and Severability of Terms. The failure of Phuket.Net to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or related to the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
23. Violations
Please report any violations of the Terms by contacting us.