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Please fill in the form below to complete your registration and begin taking full advantage of what our site has to offer its members. Best of all...registration is FREE!
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As a user of Yipeyay Pages, the website located at http://www.yipeyay.com/pages/ , also referred to in this document as the "Site" , "Yipeyay Pages" , "Yipeyay" and "Yipeyay.Com" , I agree to all of the following terms and conditions: 1. AGREEMENT I read, I understand, I agree with and accept all the terms and conditions contained in this User Agreement before I become a member of Yipeyay. I will also access and read the information contained in the other pages and websites referred to in this document because they may contain further terms and conditions which apply to me as a member of Yipeyay. (Underlined words and phrases are click-through links to pages and websites, which are provided for my convenience. Yipeyay.Com is not responsible for the content of other websites.) 2. CHANGES TO THIS AGREEMENT From time to time, Yipeyay may need to change these terms to reflect changes in their business and for other reasons due to law requirements, security concerns or technical issues. Yipeyay notifies me and other users that a change has occurred by placing a notice in their homepage. Changes to this agreement and associated documents will be posted in the Site. If I do not agree with the changes, I must terminate my membership of Yipeyay. This Agreement may not be otherwise amended except in writing signed by me and Yipeyay. This agreement is effective from my registration date or from the 4th of December 2006, whichever is earlier. 3. MEMBERSHIP ELIGIBILITY The services of Yipeyay are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Yipeyay's services are not available to persons under 18 years of age or to temporarily or indefinitely suspended Yipeyay members. If I do not qualify, I will not use their services. Further, my Yipeyay account and my Username may not be transferred or sold to another party. 4. FEES AND SERVICES For future reference, any fees Yipeyay charges for their services are listed at http://www.yipeyay.com/pages/index.php?a=22&b=7 and is incorporated into this User Agreement by reference. Yipeyay may change their Fees and Credits Policy and the fees for their services from time to time. Changes to the policy are effective after Yipeyay provides me with at least fourteen (14) days' notice of the changes by posting the changes on their Site. In the event they introduce a new service, the fees for that service are effective at the launch of the service. 5. THE ROLE OF YIPEYAY 5.1 The Yipeyay Site acts as a venue to allow members to create web pages on the Yipeyay Site for the purpose of providing information, promoting or advertizing. These web pages are referred to as "Yipeyay Pages" , "Yipeyay Page" , "Page" or "Pages" . Yipeyay is not involved in any transaction that may occur between contributors and users of the Site. As a result, Yipeyay has no control over the quality, safety or legality of the items or content posted by users on the Site, the truth or accuracy of the listings, the ability of sellers to sell items, the ability of service providers to render service and the ability of buyers to buy items. Yipeyay cannot ensure and do not guarantee that an individual who uses the website will actually complete a transaction or act lawfully in using the Site. 5.2 Safe Trading: Because user authentication on the Internet is difficult, Yipeyay cannot and does not confirm each user's purported identity. I understand that I am encouraged to communicate directly with potential trading partners through the tools available on the Site. I may also wish to consider using a third party escrow service or services that provide additional user verification. 5.3 Release: Because Yipeyay are not involved in the actual transaction between buyers and sellers, in the event that I have a dispute with one or more users, I release Yipeyay (and their officers, directors, agents, affiliates, parents, subsidiaries and employees) from claims, demands and damages (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 5.4 Information Control: Yipeyay communicates and notifies me about my transactions and my account on their Site. These communications do not represent any endorsement, guarantee or legitimisation of my transactions. I am responsible for completing all transactions I participate in, including monitoring the status and complying with all relevant legal obligations. Yipeyay does not control, endorse or approve the items, information or content provided by other users which is made available through their systems. I may find other users' information to be offensive, harmful, inaccurate, or deceptive. I will use caution, common sense, and practice safe trading when using the Site. Furthermore, I understand that there are risks of dealing with underage persons or people acting under false pretense. There may also be risks with international trading and dealing with foreign nationals. 6. BUYING If I choose to buy items advertised in Yipeyay, I am certifying that I have the legal right to purchase such items. 7. LISTING, SELLING AND PROVISION OF SERVICE 7.1 Listing Description: I am legally able to sell the item(s) I list for sale or to render the service I offer on the Site. I must describe my item and all terms of sale on the listing page of the Site. My listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that particular item. All listed items must be listed in the most appropriate category. 7.2 Fraud: Without limiting any other remedies available to Yipeyay at law, in equity or under this Agreement, Yipeyay may, in its sole discretion, suspend or terminate my account if they suspect that I have engaged in malicious or fraudulent activity in connection with the Site. 7.3 Intellectual Property: I must only list items which do not infringe upon the copyright, trademark or other rights of third parties. 7.5 Manipulation: Neither me, nor any other buyers, sellers or service providers may manipulate the details of my Page. 8. MY INFORMATION 8.1 Definition: "My Information" is defined as any information I provide to Yipeyay or other users in the registration, buying or listing process, in any public message area or through any email feature. My Information includes the content I provide my Pages as well as any content I post on other web pages within the Site. I am solely responsible for My Information, and Yipeyay merely acts as a passive conduit for my online distribution and publication of My Information. 8.2 Restrictions: My Information (including but not limited to any items listed) must not: a. be false, inaccurate or misleading; b. be fraudulent or involve the sale of counterfeit or stolen items; c. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; d. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices/fair trading laws); e. be defamatory, hateful, trade libelous, unlawfully threatening or unlawfully harassing; f. be obscene or contain child pornography or, if otherwise adult in nature or harmful to persons under the age of 18 years, shall be distributed only to people legally permitted to receive such content. (For further information refer to relevant laws that apply to you). g. contain any content that may be considered to be prohibited or potentially prohibited content ; or h. contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; i. create liability for Yipeyay or cause them to lose (in whole or in part) the services of their ISPs or other suppliers; and j. link directly or indirectly to or include descriptions of goods or services that i. are prohibited under this Agreement; ii. are identical to other items I have up for sale but are priced differently; iii. are concurrently listed for sale on a web site other than Yipeyay's (this does not prevent linking to or advertising a Yipeyay item from another web site); or iv. I do not have a right to link to or include. Furthermore, I may not list any item on the Site (or complete any transaction that was initiated using the Site) that, by paying to Yipeyay the listing fee or any other fee, could cause Yipeyay to violate any applicable law, statute, ordinance or regulation. 8.3 License: I allow Yipeyay to use the information I supply them so that they are not violating any rights I might have in that information. I agree to grant Yipeyay a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) I have in My Information, in any media now known or not currently known, with respect to My Information. Yipeyay will only use My Information in accordance with the Yipeyay Privacy Policy. 9. ACCESS AND INTERFERENCE I will not use any robot, spider, other automatic device, or manual process to monitor or copy the web pages of the Site or the content contained herein without prior expressed written permission from Yipeyay. I agree that I will not use any device, software or routine to bypass the Site's robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site. I agree that I will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Yipeyay by users of their services or third parties. I agree that I will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for My Information) from the Site without the prior express written permission of Yipeyay or the appropriate third party authorised to grant such permission. 10. BREACH Without limiting other remedies available to Yipeyay at law, in equity or under this Agreement, they may, in their sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate my membership and refuse to provide their services to me if: a. I breach this Agreement, the Privacy Policy or the terms and policies those documents incorporate by reference; b. Yipeyay is unable to verify or authenticate any information I provide Yipeyay; or c. Yipeyay believes that my actions may cause legal liability for me, their users or Yipeyay. 11.PRIVACY Yipeyay has a Privacy Policy which applies to all members and is incorporated into this User Agreement by reference. Yipeyay's current Privacy Policy is available (at http://www.yipeyay.com/pages/index.php?a=22&b=13 . I have read read and accept the Privacy Policy upon registration in order to use the Site, and I will continue to be bound by its provisions (and any amendments they make to the Privacy Policy) while I am a member of Yipeyay. Yipeyay may use third parties to verify and certify their privacy practices. 12. NO WARRANTY 11.1 I UNDERSTAND THAT YIPEYAY AND THEIR SUPPLIERS PROVIDE THEIR WEB SITE AND SERVICES ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TO THE EXTENT PERMITTED BY LAW, THEY AND THEIR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Furthermore Yipeyay does not guarantee continuous, uninterrupted or secure access to their services. Operation of their Site may be interfered with by numerous factors outside their control. 11.2 To the extent that Yipeyay and all affiliates and related entities of Yipeyay are able to limit the remedies available under this Agreement, and subject to Clause 13 of this Agreement, Yipeyay and all affiliates and related entities of Yipeyay expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Yipeyay's sole discretion): a. in the case of goods, any one or more of the following: i. the replacement of the goods or the supply of equivalent goods; ii. the repair of the goods; iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or iv. the payment of the cost of having the goods repaired; and b. in the case of services: i. the supply of the services again; or ii. the payment of the cost of having the services supplied again. 13. LIABILITY LIMIT IN NO EVENT SHALL YIPEYAY, THEIR AFFILIATES, RELATED ENTITIES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THEIR SITE, THEIR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). I AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF MY ACTIONS UNDER THE LAWS WHICH APPLY TO ME. I AGREE THAT YIPEYAY AND ALL AFFILIATES AND RELATED ENTITIES OF YIPEYAY HAVE NO RESPONSIBILITY FOR THE LEGALITY OF THEIR MEMBERS' ACTIONS. TO THE EXTENT PERMITTED BY LAW, THEIR LIABILITY, AND THE LIABILITY OF THEIR SUPPLIERS, TO ME OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: A:THE AMOUNT OF FEES I PAY TO YIPEYAY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND B:AUD$100. Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of Yipeyay and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation. 14. INDEMNITY I agree to indemnify and hold Yipeyay and (as applicable) their parents, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of my breach of this Agreement or the terms and policies it incorporates by reference, or my violation of any law or the rights of a third party. 15. LEGAL COMPLIANCE I shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding my use of Yipeyay's service and my listing, purchase, solicitation of offers to purchase, and sale of items. Notwithstanding the successful conclusion of a transaction on the Yipeyay site, I must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful (eg. the sale of interests in real property ordinarily requires a written document to be created). I ALONE, AND NOT YIPEYAY, AM RESPONSIBLE FOR CONFIRMING THAT MY ACTIVITIES ARE LAWFUL. I MUST ENSURE THAT I COMPLY WITH ALL APPLICABLE LAWS. I MUST ALSO ENSURE THAT I COMPLY WITH ALL CLAUSES OF THIS USER AGREEMENT AND THE PRIVACY POLICY, AND ALL OTHER TERMS AND POLICIES INCORPORATED BY REFERENCE IN THOSE DOCUMENTS. 16. NO AGENCY I and Yipeyay are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 17. NOTICES Except as explicitly stated otherwise, any notices shall be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to Yipeyay, PO BOX 44, DALLAS, VIC 3047 or to the email address I provide to Yipeyay during the registration process. Alternatively, I may give Yipeyay notice by certified airmail, postage prepaid and return receipt requested, to the address provided to Yipeyay during the registration process, or as updated by me as relevant. Any notice shall be deemed given (a) if sent by email, 24 hours after email is sent, unless the sending party is notified that the email address is invalid, (b) if sent by pre-paid post, three Business Days after the date of posting, and on the seventh Business Day if sent to or posted from outside Australia, and (c) if sent by facsimile transmission, on the Business Day the transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission). For purposes of this section, "Business Day" means a day on which banks are open for general business in Melbourne, Victoria, other than a Saturday, Sunday or public holiday. 18. ARBITRATION Any controversy or claim arising out of or in connection with this Agreement may at Yipeyay's discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator. 19. ADDITIONAL TERMS The following documents are incorporated into this User Agreement by reference, and I agree to be bound by the terms and policies outlined in these documents. 19.1 Yipeyay's Privacy Policy is available at http://www.yipeyay.com/pages/index.php?a=22&b=13 . I understand that all the documents above may change from time to time and changes are effective after Yipeyay.Com provides users at least thirty (30) days' notice of the changes by posting the changes on the Yipeyay Pages site. It is my responsibility to check this and the associated pages above. 20. OTHER WEBSITES The Yipeyay site may contain links to 'third party' websites which are not part of Yipeyay. These sites include the websites of other Yipeyay users. These sites are not maintained and they are not controlled by Yipeyay. Yipeyay makes no representations or warranties whatsoever about any third party site. They do not endorse, and accept no responsibility for, the content or use of any third party site. Links provided in the Yipeyay site are provided solely for users' convenience. 21. GOVERNING LAW These Terms (and your dealings with us) are subject to the laws of Victoria, Australia. END OF USER AGREEMENT
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