1. Terms and Conditions
1.1 This classified advertising service/web site is owned and operated
by Kinross Community Council and the Kinross-shire Partnership trading
as www.kinross.cc ("www.kinross.cc"), and is provided
to you under these terms and conditions. The Terms and Conditions
comprise the entire agreement between you and www.kinross.cc and
supersede all prior agreements between us regarding the use of this
classified advertising service. BY USING THE CLASSIFIED ADVERTISING
SERVICE OR COMPLETING THE REGISTRATION PROCESS (IF ANY), YOU ARE
CONFIRMING THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS.
1.2 www.kinross.cc may change the classified advertising service
terms and conditions from time to time.
(a) Where major changes are made to these terms and conditions,
www.kinross.cc will notify you by posting the changes as a start-up
screen prior to your subsequent use of the classified advertising
service. If you agree to be bound by the changes, you must click
the "I Accept" button that will follow the posted changes.
If you do not click the "I Accept" button, you may terminate
your use of the classified advertising service at that time.
(b) Minor changes in these terms and conditions will be posted to
the classified advertising service web site terms and conditions
page, at www.www.kinross.cc.co.uk/terms.html Your continued use
of the classified advertising service constitutes acknowledgment
by you that you agree to these terms and conditions, and any modifications
made from time to time.
2. Connectivity and Service
2.1 Although www.kinross.cc provides the classified advertising
service, you must:
(a) provide all equipment, including a computer and modem, necessary
to establish a connection to the Internet; and
(b) arrange and pay for your own access to the Internet, including
paying any telephone service or connectivity fees relating to such
access.
2.2 www.kinross.cc reserves the right to modify or discontinue the
classified advertising service, with or without notice to you. www.kinross.cc
shall not be liable to you, or to any third party, if www.kinross.cc
exercises this right to modify or discontinue the classified advertising
service.
3. Use of Classified Advertising Service
3.1 www.kinross.cc prohibits the listing or sale of any item that
is illegal to sell under any applicable law, statute or regulation.
It is your responsibility to sell only legal goods and services
and you must make sure that what you list for sale on this web site
is legal and conforms in all respects to all relevant laws and regulations.
Items prohibited or restricted for posting on this service include
but are not limited to:
* counterfeit or stolen goods
* fireworks, explosives, and hazardous materials
* gambling items
* goods made from protected animal/plant species
* hacking/surveillance/interception/descrambling equipment
* human parts, bodily fluids and human remains
* illegal drugs, drug paraphernalia, steroids, and other controlled
substances
* items subject to embargo
* offensive material (items that promote hatred, violence, racism,
or intolerance)
* prescription/OTC drugs and medical devices
* recalled items
* stocks, bonds, securities
* stolen property or items used for theft
* weapons and ammunition
* the sale of alcohol to persons not of lawful age
* the sale of tobacco products to persons not of lawful age.
www.kinross.cc prohibits the listing of any adult-oriented products
or services, or listings which solicit directly or indirectly sexually-oriented
services, or sexually-explicit content.
3.2 When using this web site, you agree to:
(a) provide true, accurate, current and complete information if
required to register as a user of this classified advertising service
or when buying or selling goods and/or services through this web
site (whether directly or indirectly) and notify us immediately
of any changes in such user information or status;
(b) abide by all applicable national and international laws, regulations
and codes of practice and ensure that where applicable any information
uploaded, distributed from or stored under your account registration
does not infringe the rights of others;
(c) not impersonate another person, use a false name or a name you
are not authorised to use, create a false identity or e-mail address
or try to mislead others as to the identify or origin of any communications;
(d) where they exist maintain the confidentiality of your password
and user name;
(e) be entirely responsible for all activities conducted under your
password and user name (if applicable);
(f) not make available or upload any text, graphics or photographs
that are protected by copyright unless you have clear permission
to do so from the copyright owner;
(g) not damage, interfere with or disrupt access to the classified
advertising service or this web site or do anything which may interrupt
or impair the functionality of such service or this web site;
(h) not publish, post, distribute, disseminate or otherwise transmit
to this web site or via this web site any defamatory, offensive,
obscene, racist, indecent or other unlawful or objectionable material
or information;
(i) not make available, upload or distribute by any means any material
or files that contain any viruses, bugs, corrupt data or any other
harmful software to this web site; and
(j) ensure that you have legal authority to sell, rent or provide
the goods and services that you are listing on this web site.
3.3 Whilst you acknowledge that www.kinross.cc does not pre-screen
the information or material transmitted to or via this web site,
www.kinross.cc reserves the right to remove without prior notice
any information or material which www.kinross.cc deems to be in
breach of any of the Terms and Conditions.
4. Disclaimer
4.1 This web site acts as an open marketplace for users to buy,
sell, rent and negotiate the purchase and sale of goods and services
with other users. www.kinross.cc provides only a service and is
not involved in any transaction between buyers and sellers who use
our web site and services and does not handle any goods physically.
www.kinross.cc does not confirm the identity of users, nor the accuracy
of any listings posted on this web site. As a result, www.kinross.cc
does not guarantee or endorse the authenticity, quality, safety,
or legality of any items offered or sold, the truth or accuracy
of any listings, or the ability of sellers to sell items or of buyers
to buy items. www.kinross.cc cannot assure that all transactions
will be completed. Additionally, www.kinross.cc does not guarantee
the ability or intent of users to fulfill their obligations in any
transactions. You are solely responsible for assessing the truthfulness
of any buyer or seller with whom you deal, and for evaluating the
accuracy of any listing posted on this site.
4.2 If there is a dispute between participants on this site, or
between users and any third party, you understand and agree that
www.kinross.cc is under no obligation to become involved. In the
event that you have a dispute with one or more other users, you
hereby release www.kinross.cc, its officers and employees from any
claims, demands and damages (actual and consequential) of every
kind or nature arising out of or in any way related to such disputes
and/or this service.
4.3 The material and information contained on this web site is for
general information only and does not constitute any form of offer
for sale, advice or recommendation by www.kinross.cc. You should
not rely on the material or information on this web site as a basis
for making any business, legal or other decisions. You should seek
appropriate independent advice before making any such decisions.
4.4 To the extent permitted by law www.kinross.cc does not warrant
or represent and excludes all warranties, representations or implied
terms that the material and information, including any advertising
for goods or services via this classified advertising service are
accurate, true or complete or that they are free of viruses or that
they do not contain any material which is defamatory, obscene or
illegal in any way.
4.5 In no circumstances will www.kinross.cc be liable to you or
any other third parties for any loss or damage (whether direct or
indirect, including loss of profits, loss of opportunity or any
consequential loss) resulting from or in any way connected with
your use of this web site or its content whether caused by negligence,
misrepresentation, breach of any statutory duty, breach of contract
or otherwise. www.kinross.cc does not limit or exclude its liability
for death or personal injury resulting from its negligence.
4.6 You may access other web sites via hypertext links from this
web site. You use such links and other web sites entirely at your
own risk. Such web sites are provided by independent third parties
and www.kinross.cc accepts no responsibility for the availability,
content or use of such web sites or information contained on them.
4.7 When selling to or purchasing goods or services from other users,
you will be dealing with them directly and as such any contracts
and/or arrangements will be formed between you and them, without
www.kinross.cc as a party and www.kinross.cc cannot be held liable
for your use of or any liability arising out of the same (save to
the extent required by law).
4.8 www.kinross.cc shall be responsible for this web site and www.kinross.cc
(and other companies working on its behalf) shall only be required
to use its reasonable endeavours to keep this web site operational.
While www.kinross.cc will take all reasonable steps to ensure a
fast and reliable service, www.kinross.cc will not be held responsible
for any disruption of the classified advertising service however
caused, loss of or corruption of any material in transit, or loss
of or corruption of material when downloaded onto any computer system.
5. Indemnity
You agree to indemnify and to keep www.kinross.cc indemnified on
demand from and against any costs, claims, demands, damages, expenses
and liabilities suffered or incurred by www.kinross.cc:
(a) arising from or which is directly or indirectly related to your
access to and/or use of this web site and/or any other person or
entity's use of this web site where such person or entity was able
to access this web site using your password; and
(b) arising out of information or material transmitted or made available
by you, or under your account, to this web site or arising out of
your breach of the Terms and Conditions.
6. Data Protection and Privacy
We will not use your information for any commercial purpose.
7. General
7.1 www.kinross.cc reserves the right to assign or transfer all
or any of its rights and obligations under the Terms and Conditions
to any third party. In the event of assignment or transfer, notification
will either be given to you by e-mail or posted on this web site.
7.2 Failure by www.kinross.cc to exercise or enforce any right conferred
upon it shall not be deemed to be a waiver of any such right nor
operate so as to bar the exercise or enforcement of that or any
other right on any later occasion.
8. Governing Law
This Agreement shall be governed by the laws of Scotland and you
hereby submit to the exclusive jurisdiction of the Scottish courts.
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