Perth Trail Scene Terms of Use.

These terms are effective January 1st, 2015.
Introduction
Welcome to http://www.perthtrailscene.com (“Perth Trail Scene”). By accessing Perth Trail Scene you are agreeing to the following terms, which are designed to make sure that Perth Trail Scene works for everyone. Perth Trail Scene is provided to you by M.Thomas, also referred to below as “Perth Trail Scene”. This policy is effective January 1st, 2015.

Using Perth Trail Scene.

As a condition of your use of Perth Trail Scene you agree that you will not:

  • violate any laws;
  • violate the Posting Rules;
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • be false or misleading;
  • infringe any third-party right;
  • distribute or contain spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Perth Trail Scene or the interests or property of Perth Trail Scene users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of Perth Trail Scene;
  • copy, modify, or distribute any other person’s content without their consent;
  • use any robot spider, scraper or other automated means to access Perth Trail Scene and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • bypass measures used to prevent or restrict access to Perth Trail Scene Moto Market.

You are solely responsible for all information that you submit to Perth Trail Scene Moto Market and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user’s usage of the site either temporarily or permanently, or refuse a user’s registration.

Abusing Perth Trail Scene
Perth Trail Scene and the Perth Trail Scene community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Perth Trail Scene if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Perth Trail Scene or not, we do not accept any liability for monitoring Perth Trail Scene or for unauthorized or unlawful content on Perth Trail Scene or use of Perth Trail Scene by users.

Fees and Services
Using Perth Trail Scene is generally free, but we charge a fee for certain services, including placing ads in our Moto Marketplace. If the service you use incurs a fee, you’ll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in Australian Dollars, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

Our fees are non-refundable.

Content
Perth Trail Scene contains content from us, you, and other users. Perth Trail Scene is protected by copyright laws and international treaties. Content displayed on or via Perth Trail Scene is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Perth Trail Scene without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Perth Trail Scene. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Perth Trail Scene (other than your own content). When providing us with content or causing content to be posted using our services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and other intellectual property rights you have in the content, in any media known now or developed in the future.

Infringement
Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). A large number of very varied products are offered on Perth Trail Scene by private individuals in Australia. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Perth Trail Scene.

Liability
Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on Perth Trail Scene comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.

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 offense, give rise to civil liability or otherwise violate any applicable law.

We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Perth Trail Scene, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Personal Information
By using Perth Trail Scene, you agree to the collection, transfer, storage and use of your personal information by Perth Trail Scene on servers located in Western Australia as further described in our Privacy Policy. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.

Resolution of disputes
If a dispute arises between you and Perth Trail Scene, we strongly encourage you to first contact us directly to seek a resolution by going to the Perth Trail Scene contact page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General
These terms and the other policies posted on Perth Trail Scene constitute the entire agreement between Perth Trail Scene and you, superseding any prior agreements.

To the extent permitted by applicable law, this Agreement shall be governed and construed in all respects by the laws of Australia. You agree that any claim or dispute you may have against Perth Trail Scene must be resolved by the courts of Australia. You and Perth Trail Scene both agree to submit to the exclusive jurisdiction of the Australian Courts.

If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

Except for notices relating to illegal or infringing content, your notices to us must be sent by email. We will reply to you via the email address you provide.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the site, whichever is sooner.