CONTENTS

1. Acceptance of Guidelines
2. Content
3. Notification of Claims of Infringement
4. Privacy and Information Disclosure
5. Conduct
6. No Spam Policy
7. Limitations on service
8. Access to the Service
9. Termination of service
10. Dealings with organisations and individuals
11. Proprietary rights
12. Disclaimer of Warranties
13. Limitations of Liability
14. Indemnity
15. General information
16. Violations of Guidelines and Liquidated Damages
17. Feedback

1. Acceptance of Guidelines

My Oyster provides a collection of online resources, including classified ads, fora, and email services, (referred to hereafter as "the Service") subject to the following General Usage Guidelines ("Guidelines"), which may be updated by My Oyster from time to time. My Oyster will provide notice of materially significant changes to the Guidelines by posting notice on the My Oyster site. You can review the most current version of the Guidelines at: http://www.MyOyster.com/gug.htm. By using the Service in any way, you are agreeing to comply with these Guidelines. In addition, when using particular My Oyster services, you agree to abide by any applicable posted guidelines for all My Oyster services, which may change from time to time. Should you object to any term or condition of these Guidelines, any guidelines, or any subsequent modifications thereto or become dissatisfied with My Oyster in any way, your only recourse is to immediately discontinue use of My Oyster. .

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2. Content

The content and functionality on the site is provided with the understanding that My Oyster is not engaged in rendering professional advice and services to you. The information is intended for educational purposes only and does not constitute medical advice or an endorsement for any product, brand or company. All content and functionality on the site is provided "as is," without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose.

My Oyster and its third-party content providers make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the site content. My Oyster shall have no liability or responsibility for any information published on linked web sites, contained in any user submissions published on the site, or provided by third parties. Neither My Oyster nor its third-party content providers shall be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.

You understand that all postings, messages, text, files, images, photos, video, sounds, 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 My Oyster 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.

Furthermore, the My Oyster site and Content available through the Service may contain links to other websites, which are completely independent of My Oyster. My Oyster makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.

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 My Oyster 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 My Oyster does not pre-screen or approve Content, but that My Oyster 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 Guidelines or for any other reason.

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3. Notification of Claims of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify My Oyster for notice of claims of copyright or other intellectual property infringement at abuse@MyOyster.com.au or write to:

GPO Box 2828
Canberra ACT 2600
AUSTRALIA

Please provide My Oyster with the following Notice:

1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
   
   
2. Identify the material on the My Oyster site that you claim is infringing, with enough detail so that we may locate it on the website;
   
   
3. 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;
    
4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorised to act on behalf of that owner;
    
5. Your address, telephone number, and email address; and
    
6. Your physical or electronic signature
   

My Oyster will remove the infringing content, subject to the procedures outlined in the Copyright Act.

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4. Privacy and Information Disclosure

My Oyster has established a Privacy Policy to explain to users how their information is collected and used, located at http://www.MyOyster.com.au/privacypolicy.aspx. Your use of the My Oyster website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that My Oyster may, in its sole discretion, preserve or disclose your Content, as well as your information, such 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 these Guidelines;
   
• respond to claims that any Content violates the rights of third-parties;
   
• respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment;
   
• protect the rights, property, or personal safety of My Oyster, its users or the general public.

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5. Conduct

You agree not to post, email, or otherwise make available Content

• that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of another's privacy, or is harmful to minors in any way;
  
  
• that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to

  (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or
  
  (ii) bestiality, or
  
  (iii) masturbation, or
  
  (iv) sadistic or masochistic abuse, or
  
  (v) lascivious exhibition of the genitals or pubic area of any person;

• that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
   
• that impersonates any person or entity, including, but not limited to, a My Oyster employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);
   
• that includes personal or identifying information about another person without that person's explicit consent;
   
• that is false, deceptive, misleading, deceitful, misinformation, or constitutes "bait and switch";
   
• that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
   
• that constitutes or contains affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement;
   
• that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the My Oyster sites which are not designated for such purposes; or (2) emailed to My Oyster users who have requested not to be contacted about other services, products or commercial interests.
   
• that includes links to commercial services or web sites, except as allowed in "services";
   
• that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by Australian law;
   
• that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   
• that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
   
• that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
  
  
  Additionally, you agree not to:
  
  
• contact anyone who has asked not to be contacted;
   
• "stalk" or otherwise harass anyone;
   
• collect personal data about other users for commercial or unlawful purposes;
   
• use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by My Oyster;
   
• post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
   
• post the same item or service in more than one classified category or forum, or in more than one metropolitan area; or
   
• attempt to gain unauthorised access to My Oyster's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the My Oyster website.

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6. No Spam Policy

You understand and agree that sending unsolicited email advertisements to My Oyster email addresses or through My Oyster computer systems, which is expressly prohibited by these Guidelines, will use or cause to be used servers located in Australia. Any unauthorised use of My Oyster computer systems is a violation of these Guidelines and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

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7. Limitations on service

You acknowledge that My Oyster 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 sise of postings, email messages, 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 My Oyster has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that My Oyster reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that My Oyster shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

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8. Access to the Service

My Oyster grants you a limited, revocable, nonexclusive license to access the Service for your own personal use of the Service, and not to download (other than page caching) or modify it, or any portion of it, or any Content made available via the Service (except for your own Content), without the express written consent of My Oyster. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by My Oyster.
A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. "General purpose internet search engine" does not include a website or search engine or other service that specialises in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

My Oyster permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of these Guidelines, absent express permission granted by My Oyster to do so. You may also create a hyperlink to the home page of My Oyster sites so long as the link does not portray My Oyster, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

Use of the Service beyond the scope of authorised access granted to you by My Oyster immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from My Oyster.

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9. Termination of service

You agree that My Oyster, in its sole discretion, has the right (but not the obligation) to 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 My Oyster believes that you have acted inconsistently with the letter or spirit of the Guidelines. Further, you agree that My Oyster 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. Sections 2, 4, 6 and 10-16 shall survive termination of these Guidelines.

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10. 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 My Oyster shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that My Oyster is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release My Oyster, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

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11. 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 copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of My Oyster. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of My Oyster, 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. My Oyster is a registered mark in the Australian Patent and Trademark Office.

Although My Oyster does not claim ownership of content that its users post, 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 My Oyster 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 (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant My Oyster all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

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12. Disclaimer of Warranties

You agree that use of the My Oyster site and the service is entirely at your own risk. The My Oyster site and the service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, My Oyster disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the My Oyster site and the service. To the fullest extent permitted by law, My Oyster disclaims any warranties for other services or goods received through or advertised on the My Oyster site or the sites or service, or accessed through any links on the My Oyster site. To the fullest extent permitted by law, My Oyster disclaims any warranties for viruses or other harmful components in connection with the My Oyster site or the service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

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13. Limitations of Liability

Under no circumstances shall My Oyster be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if My Oyster has been advised of the possibility of such damages), resulting from any aspect of your use of the My Oyster site or the service, whether the damages arise from use or misuse of the My Oyster site or the service, from inability to use the My Oyster site or the service, or the interruption, suspension, modification, alteration, or termination of the My Oyster site or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the My Oyster site or the service or any links on the My Oyster site, as well as by reason of any information or advice received through or advertised in connection with the My Oyster site or the service or any links on the My Oyster site. These limitations shall apply to the fullest extent permitted by law. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

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14. Indemnity

You agree to indemnify and hold My Oyster, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, 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 Guidelines, your breach of any of the representations and warranties herein, or your violation of any rights of another.

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15. General information

The Guidelines constitute the entire agreement between you and My Oyster and govern your use of the Service, superseding any prior agreements between you and My Oyster. The Guidelines and the relationship between you and My Oyster shall be governed by the laws of the Australian Capital Territory without regard to its conflict of law provisions. You and My Oyster agree to submit to the personal and exclusive jurisdiction of the courts located within Canberra, Australia. The failure of My Oyster to exercise or enforce any right or provision of the Guidelines shall not constitute a waiver of such right or provision. If any provision of the Guidelines is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Guidelines remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Guidelines must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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16. Violations of Terms and Liquidated Damages

Please report any violations of the Guidelines, by flagging the posting(s) for review, or by emailing to abuse@MyOyster.com.au. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for My Oyster to pursue legal action to enforce these Guidelines, you will be liable to pay My Oyster the following amounts as liquidated damages, which you accept as reasonable estimates of My Oyster's damages for the specified breaches of these Guidelines:

[a] If you post a message that

(1) impersonates any person or entity;

(2) falsely states or otherwise misrepresents your affiliation with a person or entity; or

(3) that includes personal or identifying information about another person without that person's explicit consent,

you agree to pay My Oyster one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.

[b] If My Oyster establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay My Oyster one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access My Oyster in excess of such limits, whichever is higher.

[c] If you send unsolicited email advertisements to My Oyster email addresses or through My Oyster computer systems, you agree to pay My Oyster twenty five dollars ($25) for each such email.
[d] If you post messages in violation of these Guidelines of Use, other than as described above, you agree to pay My Oyster one hundred dollars ($100) for each such message. In its sole discretion, My Oyster may elect to issue a warning before assessing damages.

[e] If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Guidelines without My Oyster's express written permission, you agree to pay My Oyster three thousand dollars ($3,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay My Oyster's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Guidelines, My Oyster retains the right to seek the remedy of specific performance of any term contained in these Guidelines, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Guidelines, or any combination thereof.

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17. Feedback

We welcome your feedback on this document in our feedback form.

 

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