Terms of Service
Welcome to Pagebraker.com. Pagebraker.com (pagebraker) provides the services to you subject to the Terms of Service in this document. Pagebraker may add or delete to the terms at any time and changes to the terms of service will be posted here. Your continued use of our services constitutes a binding acceptance by you.
The Terms of Service was last updated on September 10, 2009.
Description of Service
Pagebraker is an online service that provides a social network, educational, entertainment-related and communications-related content, tools, features like instant messaging and links collectively, the "Service". All the information, data, text, software, images, music, sounds, photographs, graphics, videos, messages, goods, products, services or other materials will be collectively, the "Content".
Membership Rules
You agree that your use of the Service must comply with all applicable laws, and that you will not use the service for any illegal purpose.
Some functions may require you to register as a member ("Member") by selecting a unique member identification ("Full Name and Username") and password, and providing certain information about yourself. The use of the service is intended for a mature audience, for users 13 years and younger adult supervision is required. You agree to provide accurate, current, and complete information about yourself, and to maintain your information. If you provide any information that Pagebraker believes to be inaccurate, not current, or incomplete, or if you select a Member ID that is offensive or inappropriate, Pagebraker has the right to suspend or terminate your account and refuse you any and all current or future use of the Service.
You agree to keep your password confidential and to only log in with your own Member ID and password. You agree that you accept full responsibility for all activities that occur under your Member ID. Pagebraker will not be liable for any loss or damage arising from your failure to comply.
You understand and agree that you have the sole responsibility of all Content that originated, and are used by your Member Id. You acknowledge that Pagebraker does not pre-screen Content, but that Pagebraker and its employees shall have the right, but not the obligation, in their sole discretion to refuse, change, delete, or re-categorize any Content. Without limiting the foregoing, Pagebraker shall have the right to remove any Content that violates the terms or is otherwise objectionable. Any decision to refuse, move, or remove Content is within the sole discretion of Pagebraker and its employees. You agree that any improper, abusive, fraudulent, and/or illegal activity or violation of the terms may be grounds for immediate termination of your membership. You further 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.
Pagebraker does not allow any use of Content that includes any copyright material, illegal activities, any sexual explicit material, nudity, racism and explicit material displaying body harm and blood or cruelty to anyone and animals. When using Content of this nature your Membership will be suspended immediately without prior notice or warning.
User Conduct
When uploading Content, you agree to select an accurate category for your Content. In addition, you agree that you will refrain from using tags that do not pertain to the Content or that infringe upon anyone else's trademark. Failure to do so may result in termination of your account and denial of future access to the Service. Pagebraker shall have the right, at their sole discretion, to refuse any Content for any reason.
By using or accessing the Service, you hereby agree to refrain from the following:
a) uploading, posting, transmitting, or displaying materials containing obscene or pornographic content;
b) uploading, posting, transmitting, or displaying content that is unlawful, harmful, defamatory, threatening, abusive, harassing, tortious, vulgar, libelous, invasive of another's privacy, hateful or otherwise offensive or objectionable. This includes, by way of example, content that promotes or condones bigotry, prejudice, racism, or hatred, as well as other content that is racially or ethnically objectionable;
c) uploading, posting, transmitting, or displaying content that exploits children or otherwise harms minors;
d) violating the rights of another individual or entity, including but not limited to intellectual property rights;
e) uploading, posting, transmitting, or displaying content, including tags placed on user content, that infringes on any patent, trademark, service mark, copyright, trade secret, right of publicity, or other proprietary right;
f) uploading, posting, transmitting, displaying, or linking to material used to circumvent copy-protected devices and software, including serial or registration numbers for software programs, cracker utilities, software used for game emulation;
g) uploading, posting, transmitting, or displaying unsolicited advertisements, promotional materials, "spam", "junk mail", "chain letters", and "pyramid schemes";
h) stalking or otherwise harassing another person;
i) impersonating any person or entity, including, but not limited to, a Pagebraker employee, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
j) forging or intentionally modifying headers or other information for the purpose of disguising the origin of any Content transmitted through the Service;
k) uploading, posting, transmitting, or displaying any Content that you do not have a right to transmit under any law or under contractual obligations (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
l) uploading, posting, transmitting, or displaying any material 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;
m) promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices; and/or
n) offering for sale or selling any item, goods or service that
i) violates any applicable law or regulation,
ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or
iii) Pagebraker determines, in its sole discretion, is inappropriate for sale through the Service.
o) interfering with or disrupting the Service and/or the servers or networks connected to the Service;
Termination
You agree that Pagebraker may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your Member ID, and remove or discard from the Service any Content associated with your Member ID.
You can terminate your account at any time which will remove your profile and other personal information from the service. Once your membership terminates, you will have no right to use the Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
Intellectual Property
Pagebraker does not claim ownership of the Content you place or otherwise make available through the Service. By submitting Content for inclusion on the Service, you grant Pagebraker a world-wide, perpetual, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publicly perform, publicly display and publish the Content solely for the purpose of providing and promoting the Service in any and all media. This license exists for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Pagebraker removes the Content from the Service. In addition, should you opt, while uploading content, to allow codes to be generated enabling others to link to your content and/or display it on their webpages, you agree that such content may be linked to or displayed by non-Pagebraker websites and you consent to such linking or display.
Except for member-contributed Content, all aspects of the Service and the Pagebraker website, including but not limited to the graphics, text, audio, images, pictures, icons, movies, video, layout, and look and feel of the site is protected by copyrights, trademarks and service marks. Content from the Service may be downloaded and/or reprinted for personal use only. Except as expressly authorized by Pagebraker, you agree not to modify, rent, distribute, lease, loan, sell, or exploit for any commercial purpose any portion of the Service, use of the Service, or access to the Service, and not to create derivative works based on the Service, in whole or in part.
Products and services in the marketplace
When you buy products or services, you accept that you have entered into a legal binding contract with the seller. You accept to complete the transaction and make payment as per the listing details or as agreed with the seller.
It is your responsibility to ask for information on products before you buy. Pagebraker.com verifies sellers before they are allowed to sell products in the marketplace. Even though we verify sellers, make sure the seller is trustworthy and ask the seller’s contact details i.e. home phone number and address details. Check the seller before you buy expensive items and check the feedback of sellers. The verify system is there to protect buyers and sellers. You accept the price is that of your offer to buy the item.
You agree to verify your account to be able to buy products and services. You agree that you will not make false offers or buy items without completing the buying process.
NOTIFICATION AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT OR INTELLECTUAL PROPERTY INFRINGEMENT
Pagebraker will take appropriate actions in response to notice of copyright infringements. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this web site or the Service, please provide Notice by e-mail.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PAGEBRAKER ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, OR MIS-DELIVERY OF ANY CONTENT, OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER CONTENT.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
LIMITATION ON LIABILITY
Pagebraker is not responsible for any Content posted, displayed, uploaded, stored, or transmitted by any Member or other originator of said content. This means that you, and not Pagebraker, are entirely responsible and liable for all Content that you post, display, upload, store or transmit through the Service. Pagebraker cannot guarantee the truthfulness, authenticity, quality or accuracy of said Content. Under no circumstances will Pagebraker be liable in any way for any content, including, without limitation, 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, transmitted or otherwise made available via the Service.
YOU UNDERSTAND AND AGREE THAT PAGEBRAKER SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICES OBTAINED THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
INDEMNIFICATION
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD PAGEBRAKER , ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES HARMLESS AGAINST ANY CLAIM, LAW SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING OF YOUR USE OF OR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THIS TERMS OR YOUR VIOLATION OF ANY RIGHTS OF OTHERS.
MARKETPLACE TERMS AND CONDITIONS
The Pagebraker.com marketplace is an online venue for private and business sellers to advertise and sell their products. Pagebraker.com provides the marketplace to sell and advertise subject to the terms and conditions in this document. Pagebraker.com may change the terms and conditions at any time and it is your responsibility to visit our terms and conditions on a regular basis to make sure you are familiar with any changes.
Items for sale
You agree to only sell or advertise approved items. Forbidden items are drugs, illegal weapons, pornography, stolen items and copyright material. You agree that you will not list sexual explicit or offensive material of any nature and list adult material in the Adult R18 section.
You agree to list items and products that legally belong to you. You agree that items and products that you list are in your possession and available to the buyer immediately after payment. If you do not have the item(s) in your possession, you agree to state this together with enough information regarding the delivery details in your listing.
You agree to notify and withdraw listings immediately in event that the involved item(s) are no longer in your personal possession.
You agree to list your item(s) in the appropriate categories provided.
You accept to sell and deliver your item if sold for the price listed, excluding shipping costs or as stated in your listing.
You agree to give a detailed and accurate description of your item or product you are selling. You agree not to make misleading or false descriptions and information in the description of items.
You may not advertise, sell or place leading advertising of or to other trade/auction websites in Pagebraker.com listings.
You agree when selling or advertising any Weight Management/Weight Loss products to conform to the rules and regulations of the Ministry of Health. It is your responsibility to make sure you fully understand the regulations and liabilities before selling or advertising such products on Pagebraker.com.
You agree when selling or advertising any Over-the-Counter (OTC) medicines direct to the consumer to conform to the rules and regulations of the Ministry of Health. It is your responsibility to make sure you fully understand the regulations and liabilities before selling or advertising such products on Pagebraker.com.
Process
You declare that you are 18 years or older when you register and verify to sell online at www.Pagebraker.com. This means that when you buy or sell, that you are of a legal age and able to enter into a legally binding contract and complete transactions you enter into.
Pagebraker.com does not directly take part in the selling process. Pagebraker.com does not act as an agent for any party and transactions are strictly between buyers and sellers. The Pagebraker.com website is an automated software program managing listings and informs traders of activity and the progress of sales and related information. Buyers and sellers manage their own transactions from start to finish.
Registration and account management
You agree to provide your name, surname, full address details and home phone number in circumstances we need to contact you regarding activity on Pagebraker.com. Members accept responsibility for their own login and password information. You agree to keep your login and password information in a safe place and not to disclose this information to anybody else. Pagebraker.com does not allow the use of multiple accounts. You are only allowed one username to trade with. You are not allowed to use the name of a company or trademark as a username unless you are the legal owner of the company name or trademark. Accounts and usernames cannot be sold.
Taxes
The price that items are sold for include GST. Tax obligations are the responsibility of the seller or buyer or as negotiated between the involved parties.
Communication
Pagebraker.com use site notifications, e-mail and mobile sms text messages as medium to communicate with all members. Some e-mail’s are informational and some are part of the selling process generated by the system. As part of the terms, you accept to receive e-mail from interested parties inquiring information about your listings. You also agree to reply promptly to questions and communications from other members. You agree not to use offensive language when communicating with other traders via online comments, e-mail, video or live chat. Pagebraker.com reserves the right to, without prior warning, revoke any user membership at any time and remove any listing, without prior warning for any reason we feel fit.
Intellectual property
Pagebraker.com has intellectual property rights in content, operation and our software. These rights include all copyright, trademark and design rights. Your use of any programs and software provided by us is governed by the terms of this user agreement. Pagebraker.com grants to you a revocable personal, non-transferable license to use software for viewing, if not accompanied by a license agreement. Any reproduction or redistribution of the content and/or software is prohibited.
Limitation of liability
While every endeavor has been made to ensure our software works correctly, errors may occur. Accordingly, Pagebraker.com does not accept any liability for any loss or damage which may directly or indirectly result from any errors or network delays resulting from poor telecommunication networks or software errors beyond our control.
You agree to indemnify Pagebraker.com against any actions, claims and demands (including the cost of defending or settling any action, claim or demand which may be instituted against Pagebraker.com and arising from a failure by the other party relating to a transaction to comply with these terms and conditions or to complete a transaction.
Products and services in the marketplace
When you buy products or services, you accept that you have entered into a legal binding contract with the seller. You accept to complete the transaction and make payment as per the listing details or as agreed with the seller.
It is your responsibility to ask for information on products before you buy. Pagebraker.com verifies sellers before they are allowed to sell products in the marketplace. Even though we verify sellers, make sure the seller is trustworthy and ask the seller’s contact details i.e. home phone number and address details. Check the seller before you buy expensive items and check the feedback of sellers. The verify system is there to protect buyers and sellers. You accept that the price is that of your offer to buy the item.
You agree to verify your account to be able to buy products and services. You agree that you will not make false offers or buy items without completing the buying process.