Terms & Conditions
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Gaire Terms & Conditions

The Terms and Conditions were last updated on the 25th of September 2008

Member Details

By using Gaire, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 17 years of age or older; and (d) your use of the services does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning, if we believe that you are under 17 years of age.


Password & Security

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Gaire of any unauthorised use of your password or account and any other breach of security. Gaire cannot and will not be liable for any loss or damage arising from your failure to comply with this.


Member Conduct

You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Gaire are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Gaire does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Gaire 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 any Content posted, emailed or otherwise transmitted via the Service.

You agree to not use the Service to:

upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

harm minors in any way;

impersonate any person or entity, including, but not limited to, a Gaire administrator or falsely state or otherwise misrepresent your affiliation with a person or entity;

upload, post, email or otherwise transmit any Content that you do not have a right to transmit 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);

upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

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;

intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;

"stalk" or otherwise harass another; or collect or store personal data about other users.

You acknowledge that Gaire does not pre-screen Content, but that Gaire and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Gaire and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Gaire or submitted to Gaire including without limitation information in Gaire Message Boards, Gaire Classifieds, and in all other parts of the Service.

You acknowledge and agree that Gaire may preserve Content and may also disclose Content: (a) for the purpose of properly administering your account in accordance with the standard operating procedures of Gaire and/or (b) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to: (c) comply with legal process; (d) enforce the TOS; (e) respond to claims that any Content violates the rights of third-parties; or (f) protect the rights, property, or personal safety of Gaire its users and the public. Gaire reserves the right to terminate your access to some or all parts of its Service if you withdraw your consent in this paragraph at any time.

Message board posts are considered the opinion of the poster, and are not necessarily endorsed or approved by Gaire. When posting on Gaire, you grant perpetual non-exclusive rights to Gaire to republish, in any form, the posted material.


Indemnity

You agree to indemnify and hold Gaire and its volunteers, affiliates, and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.


No Resale Of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.


General Practices Regarding Use & Storage

You agree that basic (free) accounts are limited to 1 per person and acknowledge that Gaire may establish general practices and limits concerning use of the Service. This may include without limitation the maximum number of days that 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, 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 Gaire 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 Gaire reserves the right to close accounts that are inactive for an extended period of time. You further acknowledge that Gaire reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.


Modifications To Service

Gaire reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Gaire shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.


Termination

You agree that Gaire in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Gaire believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Gaire may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Gaire may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Gaire shall not be liable to you or any third-party for any termination of your access to the Service.


Dealings With Advertisers and Merchants

Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that: Gaire shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service


Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Gaire has no control over such sites and resources, you acknowledge and agree that Gaire is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Gaire shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.