Zipster

Home Terms of Use

Terms of Use

1. ACCEPTANCE OF TERMS

Zipster provides information and services (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"), which may be updated by Zipster from time to time without notice to you.

By using the Service in any way, you are agreeing to comply with these Terms.

2. CONTENT

You understand that all postings, messages, text, files, images, 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. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that Zipster does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Zipster be liable in any way for 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 made available via the Service.

You acknowledge that Zipster does not pre-screen or approve Content, but that Zipster shall have the right (but not the obligation) 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.

You acknowledge and agree that Zipster may, in its sole discretion, preserve or disclose Content, as well 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 the Terms; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of Zipster, its users or the general public.

By posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Zipster an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorise sublicenses of the foregoing. Additionally, you will defend and indemnify Zipster from any third party claim related to a breach of any of the foregoing representations and warranties.

3. THIRD PARTY CONTENT, SITES, AND SERVICES

The Zipster site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Zipster. Your interactions with organisations and/or individuals found on or through the Service are solely between you and such organisations and/or individuals. You agree that Zipster shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

4. PAID POSTINGS

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the Terms. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the Terms.

Prices set by Zipster may vary without notice. If a GST or similar tax is introduced, advertisers shall be required to pay any GST levied or payable on any payment made by them.

5. DEALINGS WITH ORGANISATIONS AND INDIVIDUALS

Your interactions with organisations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. You agree that Zipster shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

6. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by international copyright and trademark laws. Any reproduction, modification, creation of derivative works from or redistribution of the site is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Zipster, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Zipster is a registered mark in the Australian Patent and Trademark Office.

7. LIMITATIONS ON SERVICE

You acknowledge that Zipster may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, documents, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Zipster has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Zipster reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Zipster shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8. TERMINATION OF SERVICE

You agree that Zipster, in its sole discretion, may delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Zipster believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Zipster shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

9. DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY

You understand and agree that:

10. INDEMNITY

You agree to indemnify and hold Zipster, its officers, and its employees, harmless from any claim or demand, including reasonable attorney fees, 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, or your violation of any rights of another.

11. JURISDICTION

The Terms and the relationship between you and Zipster shall be governed by the laws in Victoria, Australia. You and Zipster irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in that jurisdiction. You may not argue, on the basis of the doctrine of forum non conveniens or any other basis, that the courts of that jurisdiction should not exercise jurisdiction.

© 2011 Zipster Pty Ltd. Privacy Policy. Terms of Use.