Display Trader - Greening Exhibits

08 Feb. 2012

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Terms and Conditions

	Terms of Use Below is the Terms of Use agreement for DISPLAYTRADER.COM.AU. These are the terms and conditions required for access to our site. Please read completely before deciding to agree or disagree with these terms. By moving forward with use of this site you agree to the Terms of Use. Revised 01 June 2010 AGREEMENT BETWEEN USER AND DISPLAYTRADER.COM.AU 1. TERMS OF SERVICE 1.01 These Terms of Use are agreed upon and describe the relationships between DISPLAYTRADER.COM.AU, a product of INVISAGE CREATIVE SERVICES (together with our Affiliates, "DISPLAYTRADER.COM.AU," also "we," or "us") and each of its "Users" (Persons who Use DISPLAYTRADER.COM.AU, individually "you" or "User"). To "Use DISPLAYTRADER.COM.AU" means to access, download, copy, distribute, or otherwise benefit from using the Website, any other DisplayTrader Affiliated Site, any other DisplayTrader Service, or any DisplayTrader Product or to authorise or allow any such action. DISPLAYTRADER.COM.AU permits Users to Use DISPLAYTRADER.COM.AU only in accordance with these Terms of Use. This agreement regarding Use of DISPLAYTRADER.COM.AU (the "Agreement"), which includes these Terms of Use, also governs your use of any "Product(s)" or "Service(s)," which terms refer to any product or service, respectively, made available by DISPLAYTRADER.COM.AU, whether through the "Website," a newsletter or catalog distributed by DISPLAYTRADER.COM.AU, or otherwise (such as through direct communications, face-to-face interactions, or any other action). PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE TERMS OF USE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS WELL AS PROVISIONS REGARDING HOW DISPUTES WILL BE RESOLVED. 1.02 ACCEPTANCE AND APPLICABILITY OF THIS AGREEMENT, ENFORCEMENT, ACCOUNT INFORMATION AND SECURITY: (A) By Using DISPLAYTRADER.COM.AU, you signify that you are at least eighteen (18) years of age, that you have read these Terms of Use, and that you understand and accept them, whether or not you are at any time registered with DISPLAYTRADER.COM.AU. You agree to: (i) provide accurate, current, and complete information about you as prompted or requested by us; (ii) promptly update any information provided by you; (iii) maintain the security of your username and password; and (iv) be jointly and severally responsible for all consequences resulting from your Use of DISPLAYTRADER.COM.AU through any account you have with us or through any device under your control along with each Person who Uses DISPLAYTRADER.COM.AU through the same such account(s) or device(s), regardless of which Person, if any, may be registered with us under that account or device. (B) AMENDMENTS: These Terms of Use may only be amended in writing and only by DISPLAYTRADER.COM.AU (electronic publication by DISPLAYTRADER.COM.AU to be considered "in writing" for purposes of this Agreement). DISPLAYTRADER.COM.AU may amend this Agreement without prior notice. If we do so, we will indicate at the top of this page the date these Terms of Use were last revised. Any revised version of this Agreement will automatically go into effect and become binding on each User three (3) days after it is initially posted on the Website. You are encouraged to regularly review this Agreement as posted for changes, and you express consent to be bound by any such modified version by your continued Use of DISPLAYTRADER.COM.AU after three (3) days following the posting of the revised Agreement. If you do not accept these or any future Terms of Use, do not Use (or continue to Use) DISPLAYTRADER.COM.AU. No oral statement or course of conduct may be asserted as evidence of any modification of the Agreement. (C) WAIVERS: No waiver of any provision in this Agreement shall be valid unless in writing and executed by an authorised employee or other authorised agent of the party to be charged. A waiver made in writing on one occasion is effective only in that instance and only for the purpose that it was given and is not to be construed as a waiver for any future occasion or against any other Person. No conduct by DISPLAYTRADER.COM.AU (such as any waiver, failure or delay in enforcing any right or remedy under this Agreement, or course of dealing) shall constitute as a waiver of any provision in this Agreement or prevent subsequent enforcement of any provision of this Agreement by DISPLAYTRADER.COM.AU. These Terms of Use shall control over any inconsistent or less specific provision or inconsistent conduct and over any course of dealing or usage of trade. 1.03 DEFINITIONS: "Website" means the website with the primary homepage http://www.displaytrader.com.au, any extension of that Internet domain or URL, together with any successor or replacement thereto. "Our Affiliates" means all entities that directly or indirectly own or control, are controlled by, or are under common control with DISPLAYTRADER.COM.AU. "DisplayTrader Associates" means affiliates, successors, assigns, officers, directors, employees, agents, attorneys-in-fact and at-law of DISPLAYTRADER.COM.AU. "DisplayTrader Affiliated Sites" means the Website and any other "website" (Internet site, whether or not hosted on the World Wide Web) that is co-branded with or operating under a license from DISPLAYTRADER.COM.AU (including any other website through which DisplayTrader Product(s) or DisplayTrader Service(s) are syndicated, offered, merchandised, advertised, or described); each is an "DisplayTrader Affiliated Site." "DisplayTrader Product" means any product made by or under direction from DISPLAYTRADER.COM.AU or its designees or distributed by DISPLAYTRADER.COM.AU (i.e., not Products advertised by third parties for sale or rent on the Website or other DisplayTrader Affiliated Site). "DisplayTrader Service" means any service provided by DISPLAYTRADER.COM.AU, including the Website and other services such as advertising, extensions of credit, newsletters, construction or distribution of goods, giving of advice, or processing of orders, whether provided through the Website, over the telephone, in person, or otherwise (i.e., not Services offered by third parties on the Website or other DisplayTrader Affiliated Site). "Person(s)" means any individual(s), group(s), or entity(ies). "Content" means text, files, buttons, images, features, photos, videos, sounds, musical works, works of authorship, applications, or any other similar material made available on the Website or through any other DISPLAYTRADER.COM.AU Service. 1.04 DISPLAYTRADER.COM.AU reserves the right to temporarily or permanently restrict, suspend, or terminate access to all or any part of the Website or other DisplayTrader Affiliated Site by any User, or to change, suspend, or discontinue all or any aspect of the Website or other DisplayTrader Affiliated Site (to the extent of our rights to take such action), including the availability of any feature, database, information, or other Content, at any time and without liability or prior notice, in the sole discretion of DISPLAYTRADER.COM.AU. 1.05 Other, related policies you are subject to: (A) You acknowledge that you are aware of and accept the provisions in DISPLAYTRADER.COM.AU's Privacy Policy ("Privacy Policy"), which is hereby incorporated by reference into this Agreement. The current version of the Privacy Policy is available on the Website here at http://www.displaytrader.com.au/privacy,page,content_pages (versions of the Privacy Policy being binding in the same manner, and subject to change by the same procedures, as are these Terms of Use). (B) You acknowledge that you are aware of and accept the provisions in each other document, policy, or agreement applicable to you and DISPLAYTRADER.COM.AU . (C) If any inconsistency exists between a provision in these Terms of Use and a provision in any other applicable document, policy, or agreement between you and DISPLAYTRADER.COM.AU, these Terms of Use will control over any inconsistent or less specific provisions or inconsistent conduct, and over any course of dealing or usage of trade. 1.06 It is our goal to respond to User inquiries in a timely manner, but we do not guarantee that we will respond to every inquiry or respond within any specific time frame. 1.07 We reserve the right to ignore, remove, or block any information or other content submitted to us. 1.08 You should be aware of the general risks of transmitting data over the Internet. While DISPLAYTRADER.COM.AU attempts to prevent unauthorised Persons from accessing our files or tampering with the Website, we cannot guarantee that these efforts will always be successful or that data will be transmitted without interruption or error. Neither DISPLAYTRADER.COM.AU nor any DisplayTrader Associate makes any representation or warranty concerning errors, omissions, delays, or other defects in data or other materials supplied to Users, or that Content is free of viruses, worms, Trojan horses, or other codes that include or manifest contaminating or destructive characteristics. Please be diligent in maintaining security. 2. BUYERS, SELLERS, and TRANSACTIONS 2.01 The Website includes a listing and information service that brings together "Buyer(s)" (Person(s) seeking to purchase or rent Product(s) or Service(s) through the Website, other DisplayTrader Affiliated Site, or another DisplayTrader Service) and "Seller(s)" (Person(s) providing classified listing(s) ("Listing(s)") for Product(s) or Service(s) through the Website, other DisplayTrader Affiliated Site, or another DisplayTrader Service). Just as DISPLAYTRADER.COM.AU cannot make any representations about any Seller, DISPLAYTRADER.COM.AU makes absolutely no guarantee about the creditworthiness of, or source of payment by, any Buyer. When buying or selling, please use common sense and good judgment in transactions relating to Products or Services just as if you were advertising or responding to an advertisement in the classified ads of your newspaper. 2.02 DISPLAYTRADER.COM.AU may charge or receive a "Listing Fee" from Sellers who advertise Product(s) or Service(s) on the Website or any other DisplayTrader Affiliated Site. There is no charge by DISPLAYTRADER.COM.AU to Users for responding to a Listing. For the sake of clarity, each Buyer or Seller is also a User under this Agreement. 2.03 You represent and warrant to DISPLAYTRADER.COM.AU that information you provide to or through DISPLAYTRADER.COM.AU is and shall be updated to remain accurate, current, and complete, and you further represent and warrant that you have the right to legally enter into and fully perform all aspects of any transaction proposed or accepted by you relating to DISPLAYTRADER.COM.AU or any User. You, and not DISPLAYTRADER.COM.AU, are responsible for all communications and transactions between you and any other User. If you indicate to us that you would like to be contacted by another User, that information, including the contact information you provide, is passed along to the other User. 2.04 Information about any particular Product or Service is supplied by the providing Seller. We do not endorse or accredit any Product or Service listed by any Seller and make no representation or warranty about the type or quality of Product(s) or Service(s) or the billing or other practices of any Seller; we also do not verify or update the licenses, accreditations, certifications, or other permits or approvals of any Seller. 2.05 Prices shown in Listings typically do not include GST, shipping, or other applicable fees or charges, any of which may be added by a Seller. Seller(s) or Buyer(s), and not DISPLAYTRADER.COM.AU, shall be responsible for payment of any applicable taxes or fees relating to transactions regarding any Product or Service other than an DisplayTrader Product or DisplayTrader Service. 2.06 Each Seller is solely responsible for all information and other content posted in its Listings. Sellers must provide accurate information, in part, so that Buyers can identify and contact any Seller directly. When a Seller offers a product or service for sale or rent, the Seller must be prepared to sell or rent (as applicable) the item(s) for the price and quantity as listed and as available. Terms of any rental or sale through the Website or any other DisplayTrader Affiliated Site are based upon direct negotiation between Buyer(s) and Seller(s). You acknowledge that any potential or actual transaction is between the particular Buyer and Seller, and DISPLAYTRADER.COM.AU is not a party to, and shall not have any third-party liability regarding any actual or contemplated transaction between Users or between any User and any operator of an DisplayTrader Affiliated Site other than the Website (except to the extent required by applicable law and this Agreement in transactions relating to DisplayTrader Products or DisplayTrader Services), but DISPLAYTRADER.COM.AU and DisplayTrader Associates shall be third-party beneficiaries of such transactions where possible. 2.07 RISK OF LOSS: All DisplayTrader Products purchased from DISPLAYTRADER.COM.AU are sold pursuant to a shipment contract free on board (FOB) which means that a Seller completes performance once a Seller delivers conforming goods to the carrier; therefore, the risk of loss and title for such items pass to Buyer immediately upon delivery to the carrier. 2.08 INVESTIGATIONS: Each User agrees to cooperate fully with investigations by DISPLAYTRADER.COM.AU or its designees, including by providing us specific information regarding any transaction relating to any Product or Service at any time upon our request. We may investigate complaints or alleged violations of our policies, and take any action we deem appropriate (such as suspending or terminating a User's registration with DISPLAYTRADER.COM.AU) (in any case), (for any reason), including: (A) a User's failure to cooperate with our investigation of a complaint or alleged violation; (B) a User's failure to provide verifiable or authentic information; (C) our belief that a User's conduct may result in legal liability for that user, any other User, or DISPLAYTRADER.COM.AU; or (D) any other breach of these Terms of Use or of any other agreement, document, or policy incorporated herein by reference. 3. LIMITED and EXCLUSIVE REFUND POLICY FOR Sellers ONLY 3.01 With respect to Listing Fees paid by any particular Seller, DISPLAYTRADER.COM.AU has established the following limited and exclusive refund policies: (A) If the Seller notifies DISPLAYTRADER.COM.AU via email at mail@displaytrader.com.au within seventy-two (72) hours of arranging to post a Listing, DISPLAYTRADER.COM.AU WILL REFUND THE LISTING FEE ONLY IF ONE OF THE FOLLOWING IS SHOWN TO THE SATISFACTION OF DISPLAYTRADER.COM.AU: (i) that Seller's Listing has not been posted, and that Seller wishes to cancel the Listing; or (ii) that Seller mistakenly ordered and paid for duplicate Listings on DISPLAYTRADER.COM.AU and that Seller seeks to cancel the duplicate Listing(s). No Seller may cancel any non-duplicate Listing. (B) ERRORS: If a Seller's posted Listing contains errors, or if a Seller wishes to add information to the Seller's Listing, the Seller must log-in to the "Members Area" at http://www.displaytrader.com.au/login.php and proceed to the "Manage Your Ad" link for editing, changing or adding information, but the Seller will not receive a refund of the Seller's original Listing Fee. If a Seller makes or requests a change in the Seller's Listing that materially changes the original Listing (such as changing the original product), and, in the sole opinion of DISPLAYTRADER.COM.AU, it appears that the Seller is attempting to insert a new advertisement (as opposed to correcting a mistake), the Seller will be charged another Listing Fee. (C) EXCLUSIVE REMEDY: If DISPLAYTRADER.COM.AU has caused a mistake or error in relation to posting of a Seller's Listing (a typographical or upload error, for example), the Seller is required to notify us immediately via email at mail@displaytrader.com.au and a seller may be asked to follow directions given to seller for correcting such errors. If DISPLAYTRADER.COM.AU caused the mistake or error, we will fix or correct the error at no charge; however, the Seller will still be responsible for payment of the original Listing Fee. Changing or correcting, or having DISPLAYTRADER.COM.AU change or correct the Listing, is Seller's sole and exclusive remedy for any mistake or error made by DISPLAYTRADER.COM.AU relating to the mistakes or errors in a Listing. In no event will DISPLAYTRADER.COM.AU be responsible to any Seller for any loss of business, damage, or cost or expense arising from such error(s). (D) No refunds will be available after seventy-two (72) hours from ordering of any Listing. (E) DISPLAYTRADER.COM.AU will not provide a refund for any other reason, regardless of how quickly a Seller notifies DISPLAYTRADER.COM.AU after arranging to post a Listing other than reasons referred to in the LIMITED and EXCLUSIVE REFUND POLICY FOR Sellers ONLY section. 3.02 In addition to any Listing Fee you may be required to pay pursuant to this Agreement, you will also pay us any transaction taxes that we may be required to collect on such fees. All fees payable by you to us under this Agreement will be made without setoff and without deduction or withholding for, or on account of, any present or future tax. 3.03 We will be entitled to an adjustment to payments made by you for any amounts ultimately not collected because of fraudulent credit-card use, insufficient funds, or bad debt, in an amount equal to the uncollectible amounts plus all expenses relating to the attempted collection of the amounts (including, for example, returned-check fees). 3.04 Please note that Sellers using other DisplayTrader Services are subject to fees as described in these Terms of Use and in any other applicable document or policy (such as the Consignment Agreement, Pay to Post Agreement or Rental Consignment Agreement). 4. DESCRIPTIONS and OTHER WEBSITE CONTENT, CONTACTS WITH OTHER WEBSITES 4.01 INFORMATION PROVIDED BY USER(S): (A) DISCLAIMER: As our Users provide us with text, files, buttons, images, features, photos, video, sounds, musical works, works of authorship, applications, and other similar materials, we do not warrant that information or other Content available on the Website, any DisplayTrader Affiliated Site, or through any other DisplayTrader Service will be accurate, complete, reliable, current, or error-free. (B) ACCURATE DESCRIPTIONS: For each Product or Service you list or otherwise advertise as a Seller, you warrant and represent that your descriptions of Products or Services accurately detail and describe the Products or Services offered. (C) DISATISFACTION WITH DESCRIPTIONS OF ANY PRODUCT OR SERVICE: If any Product or Service you order is substantially not as described, your sole remedy shall be to return it for a limited refund as described per each product sold. DISPLAYTRADER.COM.AU expressly disclaims any liability relating to the accuracy of any description of Product(s) or Service(s); such information is not verified by DISPLAYTRADER.COM.AU, and each Seller shall be responsible for the accuracy of descriptions and information relating to any Product or Service offered by that Seller through any DisplayTrader Service. Please report to DISPLAYTRADER.COM.AU in writing or via email at: mail@displaytrader.com.au any discrepancy between Product(s) or Service(s) as described and as received. 4.02 INFORMATION PROVIDED BY DISPLAYTRADER.COM.AU: DISPLAYTRADER.COM.AU strives to be a valuable resource for timely information. We cannot ensure that information we provide through the Website, other DisplayTrader Affiliated Site, or other DisplayTrader Service is accurate, exhaustive, or complete on every subject or that it will necessarily include all of the most recent information available on a particular topic. We do, however, strive to correct inaccuracies in Content provided by us promptly after making the determination that the Content should be corrected. 4.03 DIGITAL RIGHTS MANAGEMENT: You acknowledge that we are entitled to utilize Digital Rights Management ("DRM") technology in connection with Product(s) or Service(s) but are not obligated to do so. Accordingly, there may or may not be any technology or other limitation imposed by us on copying or transfer of any Content on the Website or otherwise provided through any DisplayTrader Service. 4.04 LINKS ON THE WEBSITE: (A) DISPLAYTRADER.COM.AU may provide links on the Website to other websites or documents or other items that feature content that is not controlled by us, which may include information, opinions, or recommendations of various Persons. In providing such links, DISPLAYTRADER.COM.AU does not represent that we have investigated the content of such information, opinions, or recommendations found on such websites or in such documents; therefore, you understand and agree that we do not warrant or guarantee the accuracy of such information or necessarily endorse any such opinion, recommendation, website, or Person, and you agree that DISPLAYTRADER.COM.AU is not responsible for any content, advertising, product, service, or any other material on such websites or available from the owners, operators, or users of such other websites, unless it directly relates to offers of DisplayTrader Products or DisplayTrader Services by an authorised distributor. You acknowledge that we shall not be liable for any consequences of your interaction with such websites, do not have access to or control over features used by third-party websites, and that the information practices of third-party websites are not covered by our Privacy Policy. (B) As you use the Website, you will encounter windows and hyperlinks that can take you to websites, some of which may be DisplayTrader Affiliated Sites or of other Persons who want to make their products and services available to you or to enable you to communicate directly with those other Persons. Your use of such websites, while subject to the terms of this Agreement, is also subject to and governed by the terms and policies, if any, available on such websites. You should review the policies of any website you encounter and contact the "webmaster" or site administrator of any other such website if you have any concerns regarding any policy or Content available on their websites. 5. YOUR PERSONAL INFORMATION DISPLAYTRADER.COM.AU may gather aggregate or individual information regarding Users. Non-personally-identifiable information we gather about the Use or Users of DISPLAYTRADER.COM.AU may be used, for example, in providing information to Sellers, advertisers, or vendors of products or services with which we have a relationship. If you elect to provide additional information about yourself (which may include for example, your name, email address, mailing address, or other background or contact information), such information shall be used by DISPLAYTRADER.COM.AU or any Seller or other User for the purpose for which it was given in accordance with the terms of this Agreement. DISPLAYTRADER.COM.AU may provide links on the Website to other websites or documents or other items that feature content that is not controlled by us, which may include information, opinions, or recommendations of various Persons. When you open such links, documents, or other items, your Internet Protocol (IP) address may be sent to Persons other than DISPLAYTRADER.COM.AU that control such content. Information about the manners in which we collect and use personally identifying information voluntarily provided by you is described in our Privacy Policy, a current copy of which is available at http://www.displaytrader.com.au/privacy,page,content_pages and the terms of which are part of this Agreement; therefore, all Users agree to be bound by its terms as they apply to both information provided to and received from or through DISPLAYTRADER.COM.AU. Upon registering a username and password on the Website or by registering with us through another DisplayTrader Service, a User will automatically be subscribed to electronic newsletters and sales materials sent via email; any such User hereby consents to such transmission but may unsubscribe to the newsletter by following the instructions provided in or linked to in the emailed materials. DISPLAYTRADER.COM.AU reserves the right to reveal your identity (or whatever information we know about you) and to perform our obligations under, or to enforce our rights under, this Agreement in the event of a complaint or legal action that may arise relating to any Content provided by you or by your Use of DISPLAYTRADER.COM.AU. 6. RIGHTS TO INTELLECTUAL PROPERTY IN CONTENT FOUND ON THE WEBSITE 6.01 (A) All the combined text, images, and other Content on the Website is copyrighted as a collective work pursuant to applicable copyright law (Copyright 2003-2009 by DISPLAYTRADER.COM.AU, Inc.), including the copyright laws of the United States and of other countries as well as by international treaty provisions. Patents for some elements of the Website or other DisplayTrader Services are pending or registered. Individual items of text or images found on the Website or otherwise available through DISPLAYTRADER.COM.AU are copyright-protected properties that contain other Content that is protected by copyright, trademark, trade dress, or other proprietary rights of DISPLAYTRADER.COM.AU, its Users, or other Persons. The name "DISPLAYTRADER.COM.AU" is a federally registered U.S. trademark, and associated logos and other trade names and trade dress are proprietary trademarks, trade dress, or service marks of DISPLAYTRADER.COM.AU. Except as expressly stated herein, this Agreement does not grant you any intellectual-property rights in the text, images, or other Content, whether by estoppel, implication, or otherwise. All rights not expressly granted herein are reserved by DISPLAYTRADER.COM.AU or its Users or other Persons. (B) You are authorised to use Content in any reasonable manner so long as such use qualifies as "fair use" under the U.S. Copyright Act, 17 U.S.C section 107. You are granted a limited license to access and use the Website and Content and to download or print any copy of Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright and other notices intact. Otherwise, you may not copy, store in electronic form, modify, print, transmit, sell, create derivative works from, distribute, perform, frame in another website, display, or in any way exploit any Content, in whole or in part, without prior written permission from DISPLAYTRADER.COM.AU and all other Persons whose permission is required for use of the relevant Content except to the extent you may be expressly permitted to reverse engineer or decompile under law. You may hyperlink to the Website provided that the link is to the homepage of the Website http://www.displaytrader.com.au. This paragraph does not apply to Content submitted and owned by you that you have legally provided to DISPLAYTRADER.COM.AU. (C) Any use of the Content, the Website, or any other DisplayTrader Service without prior written consent from DISPLAYTRADER.COM.AU, other than as specifically authorised in this Agreement, is strictly prohibited and will terminate any license granted to a User in this Agreement. Any such unauthorised use may also violate domestic, foreign, or international treaties or other laws (including common laws, regulations, and statutes governing copyrights or trademarks). This license is revocable at any time without notice and with or without cause. These Terms of Use do not grant you the right to sublicense or distribute any DisplayTrader Product or any DisplayTrader Service. For information about obtaining a license to distribute, re-post, or re-sell any DisplayTrader Product or Service, please contact us via email at: mail@displaytrader.com.au. 6.02 RIGHTS IN CONTENT: The Website may include an interactive portion that allows Users to submit information and other Content. No User shall provide copyrighted or other proprietary Content to DISPLAYTRADER.COM.AU without full permission for every use of such Content under this Agreement from all Persons whose consent is required. Each User (and not DISPLAYTRADER.COM.AU nor any DisplayTrader Associate) shall be responsible for obtaining such permission in relation to Content submitted by that User. You agree that each time you post Content on the Website or any other DisplayTrader Affiliated Site or otherwise submit any Content to us, you thereby warrant and represent that you have and will have all rights under applicable law (including copyright, trademark, trade secret, or other intellectual-property laws) necessary to permit you to grant the licenses herein to allow us and every other User to download, store, and use that Content as contemplated in this Agreement. You will not do anything to prejudice the rights granted under this Agreement, but if at any time you do not have the necessary rights relating to any Content you have provided to us that is necessary for the unrestricted exercise of rights you grant under this Agreement, or if you receive notice of a third-party claim relating to Content that you reasonably deem to be of concern, you will, where possible, immediately remove such Content from the Website and any other DisplayTrader Affiliated Site and immediately instruct us in writing and via email at: mail@displaytrader.com.au to remove the Content from the Website or other DisplayTrader Affiliated Site and inform us of the relevant information and circumstances to ensure that the Content is fully removed from, and not re-posted on, any DisplayTrader Affiliated Site. 6.03 Subject to the authorisations granted hereunder, as between you and us, you retain all ownership rights (including copyright), and all other rights and interests you may have in and to the Content you submit to DISPLAYTRADER.COM.AU. DISPLAYTRADER.COM.AU reserves the right to use any Content submitted by you for any purpose, and you hereby grant DISPLAYTRADER.COM.AU a nonexclusive license to use, copy, edit, modify, transmit, distribute, and create derivative works from any Content you submit to us or through any DisplayTrader Affiliated Site. We may broadly integrate such Content in the Website, and such Content may appear in various forms in several places on DisplayTrader Affiliated Site(s) or in other materials prepared or provided by DISPLAYTRADER.COM.AU, including electronic or printed publications. Our use of such Content may become integrated in the Website or other Services or systems of DISPLAYTRADER.COM.AU and persist there in some form even after we no longer feature an item to which the Content relates (such as electronic caches of the Website, other archives, or indexes). Subject to your pre-existing rights in the Content, as between you and us, we will own all right, title, and interest (including all intellectual-property rights) in any templates or other materials created, used, or provided by us relating to this Agreement (including source files, future-proof archive files, and packaging materials). 6.04 DISPLAYTRADER.COM.AU shall have full discretion with respect to the design and operation of the Website, other DisplayTrader Services, or DisplayTrader Products, and the marketing therefore. You agree that in the event that you elect to provide suggestions, ideas, or other feedback to DISPLAYTRADER.COM.AU or to any DisplayTrader Affiliated Site relating to the Website or other Product or Service ("Feedback"), you grant DISPLAYTRADER.COM.AU and each DisplayTrader Affiliated Site a nonexclusive license to use and exploit such Feedback in any manner without restriction and without any need to compensate you therefore, and you agree to assist us in perfecting and enforcing such rights. We may disclose or use Feedback for any purpose whatsoever without any payment or other obligation to you except in relation to Feedback that you may have provided us on confidential basis (designated to us in writing or via email as "confidential") at: mail@displaytrader.com.au. Feedback is a form of Content under this Agreement. 6.05 DMCA TAKEDOWN PROCEDURE: If you believe that your intellectual property has been used on the Website or other DisplayTrader Service or in any other manner by DISPLAYTRADER.COM.AU in a way that constitutes copyright infringement, please provide DISPLAYTRADER.COM.AU's Copyright Agent for notice of claims of copyright infringement the following information (to be in writing and sent per the notice procedures provided in subsection 11.02): (A) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; (B) a description of the copyrighted work that you claim has been infringed; (C) a description of where the Content that you claim is infringing is located on the Website, other DisplayTrader Affiliated Site, or other materials provided by DISPLAYTRADER.COM.AU; (D) your address, telephone number, and email address; (E) a statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and (F) a statement by you, made under penalty of perjury that the information provided in your notice is accurate and that you are either the copyright owner or authorised to act on the copyright owner's behalf. 7. YOUR CONDUCT 7.01 You agree that you will not use this Website or any other DisplayTrader Affiliated Site for any purpose that is unlawful or prohibited by this Agreement in any manner. 7.02 You also warrant that you will not attempt to, encourage, or assist any other Person in circumventing or modifying any security technology or software that is part of the Website, any DisplayTrader Affiliated Site, or other DisplayTrader Service. 7.03 You understand and agree that except for advertising programs offered by us on the Website, the Website and DisplayTrader Services are available for your personal, non-commercial use only. You represent and warrant that no Content posted or otherwise submitted through your account or through any device you control will violate or infringe upon the rights of any third party. You shall not upload or post on the Website or other DisplayTrader Affiliated Site or otherwise submit or send any messages containing any Content that: (A) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening; (B) contains any computer virus, worm, Trojan horse, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam," or any other contaminating or otherwise destructive feature(s); (C) violates the rights of others, such as Content that infringes any copyright, trademark, patent, or trade secret, or violates any right of privacy or publicity; (D) offends the community standards of Users of the Website; (E) interferes with or disrupts the Website, (F) harasses another User or Users; or (G) otherwise violates any applicable law. 7.04 You shall at all times remain solely responsible for the Content in every posting on and message sent to or through DISPLAYTRADER.COM.AU. In addition to your other indemnity obligations, you agree to indemnify and hold DISPLAYTRADER.COM.AU and all DisplayTrader Associates harmless with respect to all claims based upon transmission of, distribution of, or otherwise relating to any posting or other Content you provide. 7.05 We may adopt and revise policies from time to time governing the conduct of our Users (including the exchange of messages or Content or other participation on the message board), which policies may be available on the Website and will be considered incorporated by reference into this Agreement as noted above. 7.06 DISPLAYTRADER.COM.AU is a distributor, not a publisher, of messages or Content; therefore, we do not and cannot review every message posted on the Website or other DisplayTrader Affiliated Sites and are not responsible for the Content in any of these postings. We have the right, but not the obligation, to review, modify, remove, or block messages or other Content we consider to be potentially defamatory, obscene, harassing, abusive, threatening, or intended to (or having the effect of) interfering with or disrupting the exchange of information through, or other operation of any DisplayTrader Affiliated Site. Any User who feels that a posted message is objectionable is encouraged to contact DISPLAYTRADER.COM.AU immediately via email at: mail@displaytrader.com.au. If DISPLAYTRADER.COM.AU determines that removal is warranted, we will make efforts to remove it within a reasonable time. Removal is a manual process; therefore, removal of postings or other Content will not occur immediately. 7.07 USERNAME AND PASSWORD: Some uses of the Website may require you to select a username and password. The username that you select is the name that will appear when you post Content on a message board or utilize any other inactive feature on the Website. Your username may be any name that you select, as long as it is not confusingly similar to a name that has previously been assigned and so long as DISPLAYTRADER.COM.AU does not determine it to be obscene, defamatory, or otherwise objectionable. You are solely responsible for maintaining the privacy and security of your username and password at all times, and you agree to notify us immediately in writing or via email at: mail@displaytrader.com.au any time you become aware or have reason to suspect that the security of your password has been compromised. Neither DISPLAYTRADER.COM.AU nor any DisplayTrader Associate shall be responsible for any loss arising out of any unauthorised use of your username and password or other access to or activity under your account. 8. DISCLAIMERS, EXCLUSION OF WARRANTIES, LIMITATIONS OF LIABILITY 8.01 DISCLAIMER REGARDING THIRD-PARTY CONTENT: DISPLAYTRADER.COM.AU may be considered a distributor, not a publisher, of Content supplied by Users. DISPLAYTRADER.COM.AU neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement posted on the Website by anyone other than an authorised employee or other authorised agent of DISPLAYTRADER.COM.AU. Any opinion, advice, statement, offer of a product or service, or other information or other Content made available by any third party, including any Buyer, Seller, or other User is neither attributable to DISPLAYTRADER.COM.AU nor to any DisplayTrader Associate. Under no circumstance shall DISPLAYTRADER.COM.AU or any DisplayTrader Associate be held liable for any loss or damage caused by any User's reliance on information obtained through DISPLAYTRADER.COM.AU or supplied by any Person other than DISPLAYTRADER.COM.AU. It is the responsibility of each User to use care in evaluating the information, opinion, advice, or other Content available through the Website or other Service. In regards to DISPLAYTRADER.COM.AU only, the disclaimers regarding third-party Content in this subsection 8.01 shall not limit any specific, written warranty provided elsewhere in this Agreement by DISPLAYTRADER.COM.AU that relate to DisplayTrader Products or DisplayTrader Services. 8.02 NO WARRANTY: ALL CONTENT, PRODUCTS, AND SERVICES SUPPLIED BY OR THROUGH DISPLAYTRADER.COM.AU ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND NEITHER DISPLAYTRADER.COM.AU NOR ANY DisplayTrader ASSOCIATE MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENT ON ANY EXBHITTRADER AFFILIATED SITE OR IN OTHER MATERIALS FURNISHED BY US OR BY ANY DisplayTrader ASSOCIATE, AND EACH OF THESE PERSONS SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY AND ALL WARRANTIES, (WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE), INCLUDING WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, TITLE, OR FITNESS FOR ANY PARTICULAR PURPOSE REGARDING ANY CONTENT, PRODUCT, OR SERVICE AVAILABLE THROUGH ANY DisplayTrader AFFILIATED SITE OR OTHER DisplayTrader SERVICE. IN REGARDS TO DISPLAYTRADER.COM.AU ONLY, THE DISCLAIMERS OF WARRANTY IN THIS SUBSECTION 8.02 SHALL NOT LIMIT ANY SPECIFIC, WRITTEN WARRANTIES PROVIDED ELSEWHERE IN THIS AGREEMENT BY DISPLAYTRADER.COM.AU THAT RELATE TO DisplayTrader PRODUCTS OR DisplayTrader SERVICES. 8.03 LIMITATION OF LIABILITY: Neither DISPLAYTRADER.COM.AU nor any DisplayTrader Associate shall be liable to you for any claim, demand, cause of action, or damage, whether direct or indirect, special, incidental, consequential, or punitive, or for any lost profits that result from your use of DISPLAYTRADER.COM.AU or your use of any information or other content you obtain through DISPLAYTRADER.COM.AU or any DisplayTrader Associate, whether such claim is based on warranty, contract, tort (including negligence), or otherwise, even if such person may been advised of the possibility of such damages. You understand and agree that you are voluntarily and unequivocally waiving any claim or cause of action against DISPLAYTRADER.COM.AU or against any DisplayTrader Associate to the fullest extent possible under applicable law, except that: (i) in regards to DISPLAYTRADER.COM.AU only, the limitations of liability in this subsection 8.03 shall not limit any specific, written warranties provided elsewhere in this Agreement by DISPLAYTRADER.COM.AU that relate to DisplayTrader Products or DisplayTrader Services; and (ii) to the extent permitted by applicable law in your jurisdiction, the aggregate liability of DISPLAYTRADER.COM.AU and any DisplayTrader Associate to you and any Person that Uses DISPLAYTRADER.COM.AU, arising from or related to this Agreement or otherwise to the Use of DISPLAYTRADER.COM.AU, shall not exceed the amount, if any, paid by you to DISPLAYTRADER.COM.AU for any Product or Service at issue; if you have not paid for such Product(s) or Service(s), then the aggregate liability for DISPLAYTRADER.COM.AU and any DisplayTrader Associate shall not exceed fifty AUD dollars ($50.00). 8.04 You acknowledge that DISPLAYTRADER.COM.AU cannot ensure that any Content, Product, or Service submitted by or on behalf of any User will be protected from theft or misuse or that Users will comply with any Content-usage rules DISPLAYTRADER.COM.AU may make applicable in connection with use of any Product or Service, and you agree that, to the extent allowed by applicable law, neither DISPLAYTRADER.COM.AU nor any DisplayTrader Associate will have any liability relating to a failure of security system or procedure or from any User's failure to comply with any relevant usage rule or law. 8.05 The foregoing limitations of liability apply only to DISPLAYTRADER.COM.AU and DisplayTrader Associates and shall apply whether or not alleged damages arise from use, misuse, or inability to use any Product or Service or from the interruption, suspension, or termination of the Website or other DisplayTrader Service, and such limitations also apply to damages alleged by any third party. Notwithstanding any other provision in this Agreement, this Agreement shall not limit any liability of DISPLAYTRADER.COM.AU to you in the event of death or personal injury resulting directly from gross negligence or intentional harm by EXHIBTTRADER.COM. 9. INDEMNIFICATION: Without limiting any of your other indemnification obligations in this Agreement, you shall indemnify, defend, and hold DISPLAYTRADER.COM.AU and each DisplayTrader Associate harmless from and against any loss, claim, liability, damage, action or cause of action (including attorneys' fees) arising out of any claim based on your Use of DISPLAYTRADER.COM.AU, including claims based on: (A) defamation or other wrongful conduct; (B) violations of any intellectual-property law (including those relating to copyright, trademarks, trade secrets, and rights of privacy or publicity); or (C) lack of faithful performance of your obligations under this Agreement, including the failure of any of your representations, warranties, or covenants. DISPLAYTRADER.COM.AU and each DisplayTrader Associate shall be a third-party beneficiary to every transaction between Users, or between any User and an DisplayTrader Affiliated Site, that relates to the subject matter of this Agreement, and DISPLAYTRADER.COM.AU and each DisplayTrader Associate shall be entitled to participate in the defense and settlement of any related claim or action with counsel of our own choosing. 10. INTERNATIONAL TRANSACTIONS 10.01 You acknowledge that the import or export of any Product or Service may be controlled by law, and you agree to comply with all relevant United States or foreign import or export laws and regulations. When ordering or supplying through the Website, any other DisplayTrader Affiliated Site, or any other DisplayTrader Service, you (and not DISPLAYTRADER.COM.AU) may be considered the importer or exporter of record, as applicable, and you must comply with all relevant laws and regulations of the countries of origin and destination of the Product or Service. No DisplayTrader Product may be transported or used in any manner prohibited by the United States Export Administration Act or any other import or export law, restriction, or regulation. You assume sole responsibility for all required import or export approval or licenses, all related costs, all criminal and international penalties, and all other associated costs arising from violation of any United States or foreign import or export law or regulation (whether attributed to or incurred by you or DISPLAYTRADER.COM.AU) that may arise from activities covered by this Agreement. If any DisplayTrader Product or DisplayTrader Service is identified as an export-controlled item under any import or export law, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation and that you are not otherwise prohibited from importing or exporting such DisplayTrader Product or DisplayTrader Service. If you are a citizen of or located within an embargoed nation, you are not entitled to Use DISPLAYTRADER.COM.AU. 10.02 You may be subject to import duties or taxes on Products or income taxes from Services or other excise, sales, or use taxes. Any charges for any such tax or for customs clearance must be borne by you and not us; we have no control over these charges and cannot predict what they may be. Taxes and customs policies vary widely from jurisdiction to jurisdiction; you should contact your local customs office or seek professional guidance for further information. 11. ELECTRONIC COMMUNICATIONS, NOTICES 11.01 ELECTRONIC COMMUNICATIONS: When you visit the Website or send an email or facsimile ("fax") transmission to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that any agreement, notice, disclosure, or other communication relating to this Agreement that is made to you in electronic form satisfies any legal requirement that such communication be in writing, and printed version(s) of this Agreement or of any other electronic communication shall be admissible in any proceeding relating to this Agreement to the same extent as similar records generated or maintained in printed, hard-copy form. 11.02 Except as otherwise specified in these Terms of Use or in another part of this Agreement that more specifically governs a particular aspect of your relationship with DISPLAYTRADER.COM.AU, or in another document or policy that more specifically governs a particular aspect of your relationship with DISPLAYTRADER.COM.AU (as it regards such aspect), any notice to DISPLAYTRADER.COM.AU shall be given in writing and sent by certified or registered mail, return receipt requested, to DISPLAYTRADER.COM.AU, Inc., attn: President, at its corporate office, the current address for which can be found at: 3324 Ovilla Rd., Ovilla, TX 75154. We will communicate with you by email, by posting a notice on the Website, or by fax or mail to a phone number or address you provide. Any communication sent by email shall be deemed given the next business day after the email is sent to the appropriate address. 12. MISCELLANEOUS 12.01 ASSIGNMENT: DISPLAYTRADER.COM.AU may assign any benefit or delegate any duty under this Agreement to any Person. You shall not assign (voluntarily, by operation of law, or otherwise) your rights or delegate your duties under this Agreement without the written consent of DISPLAYTRADER.COM.AU. Subject to the foregoing restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against each party and each of its respective successors, licensees, and assigns. 12.02 FORCE MAJEURE: Neither DISPLAYTRADER.COM.AU nor any DisplayTrader Associate shall be deemed in default under this Agreement for any cessation, interruption, or delay in the performance of DISPLAYTRADER.COM.AU'S obligations under this Agreement due to causes beyond DISPLAYTRADER.COM.AU'S reasonable control, including: lockout, strike, labor controversy, or threat thereof; civil disturbance, armed conflict, or sabotage; disruption of communication lines, equipment failure, disruption of the public markets; boycott, embargo, or the delay of a common carrier; the inability to obtain sufficient material, supplies, labor, transportation, power, or other commodity or service required in the conduct of its business; or the adoption of or any change in any law, ordinance, rule, regulation, order, judgment, or decree. 12.03 DISPUTES: To the fullest extent allowed by applicable law: (A) CHOICE OF LAW: the construction, application, and enforcement of this Agreement shall be governed by the laws of the state of Texas pertaining to agreements made and fully carried out therein and shall be determined without reference to conflict-of-law rules of any jurisdiction or to the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded; (B) JURISDICTION AND VENUE: any claim, dispute, or other controversy relating to or arising from this Agreement shall be brought exclusively in the state or federal courts located in or nearest to Ellis County, Texas, and you hereby expressly agree to such venue and submit to the personal jurisdiction of such courts, except that nothing will prohibit DISPLAYTRADER.COM.AU from taking any action to obtain, protect, or enforce its intellectual-property rights or indemnification rights in any court of competent jurisdiction; (C) WAIVER OF JURY TRIAL: each party to this Agreement waives its right to a jury trial with respect to any action brought under or in connection with this Agreement; (D) STATUTE OF LIMITATIONS: regardless of any statute or law to the contrary, any claim or cause of action against DISPLAYTRADER.COM.AU or any DisplayTrader Associate arising from or relating to any Use of DISPLAYTRADER.COM.AU must be filed within one (1) year after such claim or cause of action arises; (E) ATTORNEYS' FEES: in the event of any litigation or other proceeding relating to this Agreement or to the liability of DISPLAYTRADER.COM.AU or any DisplayTrader Associate, and subject to provisions herein that limit your available remedies, as between you, DISPLAYTRADER.COM.AU, and any DisplayTrader Associate, for each claim, defense or event decided, the prevailing party or parties shall be entitled to reasonable attorneys� fees and costs in addition to such other relief as may be granted; and (F) RESERVATION OF RIGHTS AND REMEDIES: notwithstanding any provision of this Agreement, DISPLAYTRADER.COM.AU reserves all rights and remedies available at law or equity relating to performance under and enforcement of this Agreement, and all such rights and remedies shall be cumulative. 12.04 SEVERABILITY: If any provision of this Agreement is determined by a court or tribunal of competent jurisdiction to be illegal, invalid, or unenforceable, the application of that provision shall be limited, but only for purposes relating to, and to the extent required by, the ruling of the court or tribunal having jurisdiction, and the remainder of this Agreement shall not be affected and in each circumstance shall be enforced to the fullest extent permissible under applicable law. 12.05 SURVIVABILITY: Each provision of these Terms of Use and each right granted herein that by its express terms or by necessary implication should survive the expiration or termination of this Agreement shall survive such expiration or termination. 12.06 CONSTRUCTION OF THIS AGREEMENT: The headings used in these Terms of Use are provided for convenience only, and such headings are not to be used in determining the meaning or interpretation of the substantive provisions of these Terms of Use. Throughout this Agreement, except as indicated to the contrary, the word "or" is used in the inclusive ("and/or") sense, rather than the exclusive ("either/or") sense. For the sake of convenience, articles, possessive pronouns, and other parts of speech that would normally be expressed in distinct ways based on number or gender are expressed herein without regard to number or gender. In these Terms of Use and in each other separately titled component of this Agreement, respectively, the meaning assigned to each defined (capitalized) term found therein shall apply regardless of whatever variation may be employed for grammatically appropriate use of the defined word or phrase in any instance therein (for example, a definition shall apply regardless of whether the defined term is stated in the singular or plural and regardless of the tense in which a verb may be expressed). 12.07 ENTIRE AGREEMENT: This Agreement, including all other agreements, provisions, and policies incorporated herein, constitutes each User's entire agreement with DISPLAYTRADER.COM.AU relating to its Use of DISPLAYTRADER.COM.AU. 12.08 ACKNOWLEDGEMENT: You acknowledge that the provisions, disclosures, and disclaimers and other limitations set forth in this Agreement are fair and reasonable and that your agreement to follow and be bound by them is not the result of fraud, duress, or undue influence exercised upon you by any Person. We remind you that you have the right to seek legal counsel in connection with your decision to be bound by this Agreement. 13. CONTACT INFORMATION 13.01 DISPLAYTRADER.COM.AU is a sustainable initiative and another creative service of Invisage Creative Services \| www.invisage.net \| ABN 94 125 609 021. 13.02 ADMIN ADDRESS: 5 Helpmann Avenue, Point Cook, Victoria, Australia 3030 13.03 ADMIN TELEPHONE: +61 3 9395 3788 13.04 ADMIN EMAIL: mail@displaytrader.com.au � Copyright 2010 Invisage� Creative Services
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