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AGREEMENT BETWEEN YOU AND THE OCEAN2OUTBACK PORTAL
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
MODIFICATION OF THESE TERMS OF USE
LINKS TO THIRD PARTY SITES
NO UNLAWFUL OR PROHIBITED USE
USE OF SERVICES
MATERIALS PROVIDED TO MARKET CREATIONS OR POSTED AT ANY o2o WEB SITE
STORAGE SPACE AND OTHER LIMITATIONS
TERMINATION/ACCESS RESTRICTION
NO SPAM; DAMAGES
ACCURACY
GENERAL
COPYRIGHT AND TRADEMARK NOTICES
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
o2o EMAIL
AUCTIONS AND CLASSIFIEDS
o2o PHOTOS & GALLERY
FORUMS
MARKET CREATIONS BILLING

The Ocean2Outback (o2o) Site is made up of various Web pages operated by Market Creations, 201 Foreshore Drive, Geraldton 6530, on behalf of the Mid West Development Commission, Ground Floor SGIO Building, 45 Cathedral Avenue, Geraldton 6530.

This Terms of Use and Notices apply to the o2o Web Site and does not apply to the content of third parties.

The o2o Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the o2o Web Sites constitutes your agreement to all such terms, conditions, and notices.

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See the Privacy Statement at http://www.Ocean2Outback.com.au/privacy.asp for disclosures relating to the collection and use of your personal information.

Member Account, Password, And Security

To use some of the Member Services on the o2o site you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Market Creations immediately of any unauthorized use of your account or any other breach of security. Market Creations will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s account at any time, without the permission of the account holder.

o2o reserves the right to use numeric codes, global unique identifiers (guids), cookies or other technologies in order to identify specific computers that access the site. This information may be monitored to develop aggregate and anonymous statistics regarding computer use on the site that may be used for o2o operations or by third parties. Computer identification technology may also be used to enforce the o2o Terms of Use.

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Market Creations reserves the right to change the terms, conditions, and notices under which the o2o Sites/Services are offered, including but not limited to the charges associated with the use of the o2o Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the o2o Sites/Services constitutes your agreement to all such terms, conditions, and notices.

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The o2o Sites/Services may contain images of and links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Market Creations and Market Creations is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Market Creations is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Market Creations responsible if the Linked Site is not working appropriately. Market Creations is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Market Creations of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the o2o Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Market Creations shall not be responsible or liable for any part of any such dealings or promotions.

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As a condition of your use of the o2o Sites/Services, you will not use the o2o Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the o2o Sites/Services in any manner that could damage, disable, overburden, or impair any o2o Site/Service(s) (or the network(s) connected to any o2o Site/Service(s)) or interfere with any other party's use and enjoyment of any o2o Site/Service(s). You may not attempt to gain unauthorized access to any o2o Site/Service, other accounts, computer systems or networks connected to any o2o Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the o2o Sites/Services.

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The o2o Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
• Use any material or information, including images or photographs, which is made available through the o2o Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an o2o Site/Service(s) or other user or usage information or any portion thereof.

Market Creations has no obligation to monitor the Communication Services. However, Market Creations reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Market Creations reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Market Creations reserves the right at all times to disclose any information as Market Creations deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Market Creations' sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Market Creations does not control or endorse the content, messages or information found in any Communication Service and, therefore, Market Creations specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Market Creations spokespersons, and their views do not necessarily reflect those of Market Creations.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

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Market Creations does not claim ownership of the materials you provide to Market Creations (including feedback and suggestions) or post, upload, input or submit to any o2o Site/Service or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Market Creations permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all o2o Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a o2o Site/Service.

No compensation will be paid with respect to the use of your Submission, as provided herein. Market Creations is under no obligation to post or use any Submission you may provide and Market Creations may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

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You agree that Market Creations may establish limits concerning use of any o2o Service offered on an o2o Web Site, including without limitation the maximum number of days that e-mail messages will be retained by any o2o Service, the maximum number of e-mail messages that may be sent from or received by an account on any o2o Service, the maximum size of an e-mail message that may be sent from or received by an account on any o2o Service, the maximum disk space that will be allotted on Market Creations servers on your behalf, and the maximum number of times and duration you may access any o2o Service in a given period of time.

You agree that Market Creations has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any o2o Service. You acknowledge that Market Creations reserves the right to log off accounts that are inactive for an extended period of time.

MARKET CREATIONS MAKES NO WARRANTY THAT ANY o2o SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

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Market Creations reserves the right, in its sole discretion, to terminate your access to any or all o2o Sites/Services and the related services or any portion thereof at any time, without notice.

Market Creations may also terminate or suspend your access to o2o Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Market Creations. The amount of time that Market Creations currently considers as an "extended" period of time may be viewed in the FAQ relating to the particular service. Upon termination of the o2o Site/Service, your right to use the o2o Site/Service immediately ceases.

Market Creations shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

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Market Creations will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Market Creations liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Market Creations' actual damages, to the extent such actual damages can be reasonably calculated.

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In compiling this web site we have sought to check information and to express opinions honestly.

We would urge anyone intending make use of information that appears on these pages to check facts themselves as Market Creations cannot take responsibility for the veracity or currency of any material published on the o2o site.

Data can change over time, and o2o will seek to correct and update this site regularly.

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The laws of the State of Western Australia govern this agreement. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Geraldton, Western Australia in all disputes arising out of or relating to the use of the o2o Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Market Creations as a result of this agreement or use of the o2o Sites/Services. You agree to indemnify and hold Market Creations, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the o2o Sites/Services. Market Creations reserves the right to disclose any personal information about you or your use of the o2o Sites/Services, including its contents, without your prior permission if Market Creations has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Market Creations or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Market Creations performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Market Creations right to comply with governmental, court and law enforcement requests or requirements relating to your use of the o2o Sites/Services or information provided to or gathered by Market Creations with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Market Creations with respect to the o2o Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Market Creations with respect to the o2o Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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All contents of the o2o Web Sites are: Copyright (c) 2002 Market Creations and/or its suppliers, 201 Foreshore Drive, Geraldton Western Australia.. All rights reserved.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the o2o Sites/Services.

Any rights not expressly granted herein are reserved.

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If you believe that some of your work has been illegally copied onto the o2o site please email mc@marketcreations.com.au with the location and time the content appeared and some proof of your ownership.

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Email Message Storage And Other Limitations

o2o assumes no responsibility for the deletion or failure to store email messages.

o2o reserves the right to limit the number of emails sent or received into the member’s account, the size of the member’s mailbox, the number of times the member is able to login into the mailbox and the method of accessing the mailbox.

Further, o2o reserves the right to delete users account, including any emails in their mailbox, due to inactivity over a period of 3 months.

Member Conduct

The member is solely responsible for the contents of his or her transmissions through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations. Member agrees: (1) to comply with all applicable laws; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.

Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.

Member agrees not to transmit through the Service any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.

Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services. o2o may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these terms and conditions of this agreement.

Modification

o2o reserves the right to modify the o2o Webmail Service and to change the terms and conditions of the Agreement at any time, without notice. Continued use of the o2o Service after such modifications shall be deemed an acceptance by the User to be bound by the terms of the modified Agreement.

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Fees and Services.

Joining and bidding on items at o2o is free. Our Fees and Credits Policy is available at http://www.Ocean2Outback.com.au/fees.asp. We may change our Fees and Credits Policy and the fees for our services from time to time. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Australian. Dollars (AUD). You are responsible for paying all fees associated with using our service and our website and all applicable taxes.

o2o is a Venue.

o2o is not an Auctioneer. It is important to realize that we are not a traditional "auctioneer." Instead, our site acts as a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere. o2o offers an escrow service to protect both the buyer and seller, however we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.

Identity Verification.

We use many techniques to identify our users when they register on our site. However, because user verification on the Internet is difficult, o2o cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on our site.

Release.

Because we are a venue, in the event that you have a dispute with one or more users, you release o2o (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual 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.

Information Control.

We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with underage persons or people acting under false pretence. Additionally, there may also be risks dealing with international trade and foreign nationals. 

Bidding and Buying.

As a buyer, you are obligated to complete the transaction with the seller are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, unless the item is prohibited by law or by this Agreement.

By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances, such as: when the seller materially changes the item's description after you bid; a clear typographical error is made; you cannot authenticate the seller's identity; or when the seller does not confirm your purchase.

Listing and Selling.

Listing Description. You must be legally able to sell the item(s) you list for sale on our site. You must describe your item and all terms of sale on the listing page of our site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category.

Binding Bids. If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated as the seller to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.

Fraud. Without limiting any other remedies, o2o may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site.

Manipulation. Neither you, bidders nor sellers may manipulate the price of any item nor may you interfere with other user's listings or transactions.

Your Information.

Definition. "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area (including the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

Restricted Activities. Your Information (or any items listed) and your activities on the site shall 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 law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libellous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently listed for sale on a web site other than o2o’s (this does not prevent linking to or advertising an o2o item from another web site); or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on the site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items.

License. Solely to enable o2o to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. o2o will only use Your Information in accordance with our Privacy Policy.

Access and Interference.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to o2o by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of o2o or the appropriate third party.

Breach.

Without limiting other remedies, we may immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

No Warranty.

WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Liability Limit.

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

Indemnity.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Legal Compliance.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

No Agency.

You and o2o are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

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In addition to the warranty and representation set forth in these Terms of Use, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Pictures"), you warrant and represent that (a) you are the copyright owner of such Picture, or that the copyright owner of such Picture has granted you permission to use such Picture or any content and/or images contained in such Picture consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the o2o Site/Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Picture, if any, has provided consent to the use of the Picture as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Picture. By Posting a Picture, you are granting (a) to all members of your private community (for each such Picture available to members of such private community), (b) to the general public (for each such Picture available anywhere on the o2o Web Site, other than a private community), and/or (c) to any person with whom you share Pictures through e-mail using the o2o Site/Services, permission to use your Picture in connection with the use, as permitted by these Terms of Use, of any o2o Site/Service, (including, by way of example, and not as a limitation, downloading, printing and making prints and gift items which include such Picture), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Picture without having your name attached to such Picture, and the right to sublicense such rights to any supplier of such o2o Site/Service. The licenses granted in the preceding sentences for a Picture will terminate at the time you completely remove such Picture from the o2o Web Site, provided that, such termination shall not affect any licenses granted in connection with such Picture prior to the time you completely remove such Picture. No compensation will be paid with respect to the use of your Picture."

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Comments posted on the forums that violate our standards are routinely removed without further comment.  Additionally, Market Creations reserves the right to delete members accounts or limit their access to the o2o site for posting inappropriate items to the forums.

Please abide by the following code of conduct:

·         Do not post using a false email address or false identity, including those of other Forum participants or public figures.

·         No profanity or obscenities of any kind, even disguised with *asterisks.

·         No personal attacks on other Forum participants. (Personal attacks are defined as comments that reflect upon the person instead of their opinion.)

·         Comments that are slanderous, defamatory, obscene, indecent, lewd, pornographic, violent, abusive, insulting, threatening, harassing, or otherwise in violation of the law are not tolerated.

·         Please do not stray from the discussion topic.

·         No advertising of any kind.

·         No copyrighted material is allowed. Please link to copyrighted material instead of quoting it in the Forum. By using to the Forum, you acknowledge that content you post is in the public domain.

·         Oversize fonts, JavaScript, tables, headings or other advanced HTML commands are NOT allowed. Please use only bold or coloured fonts to emphasize your points.

Because of public nature of the Forum, o2o can not guarantee the accuracy of any content posted to the Forum by users.

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Charges on your Account

Market Creations bills you through a secure payment gateway. You agree to pay Market Creations all charges at the prices then in effect for any Products ordered by you or other persons (including your agents) using your Account, and you authorize Market Creations to charge your chosen payment method (your "Payment Method") for such Products. You agree to make payment using that selected Payment Method. Charges on your Account will be summarized for you and sent by email to your nominated email address. Market Creations reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY MARKET CREATIONS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE THROUGH ‘MY MEMBERS PAGE’. IF YOU FAIL TO PROVIDE MARKET CREATIONS ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT MARKET CREATIONS MAY CONTINUE CHARGING YOU FOR ANY PRODUCT PROVIDED UNDER YOUR ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH PRODUCT (CONFIRMED IN WRITING UPON REQUEST).

Currency exchange settlements will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If Market Creations does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Account upon demand.

Your non-termination or continued use of the Products on your Account reaffirms that Market Creations is authorized to charge your Payment Method. Market Creations may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive Market Creations' right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially ordered the applicable Product.

Refund Policies

Subject to any withdrawal right you may have under applicable law, charges are non-refundable. Except as otherwise required by law, the costs of any returns if permitted will be at your expense.

Termination, Cancellation or Suspension

Market Creations may, in its discretion, terminate, cancel, or suspend an accepted order if Market Creations is notified that your Payment Method has expired or has been cancelled, or if Market Creations has reason to believe that any Account information provided to Market Creations is untrue, inaccurate, not current or incomplete. Termination, cancellation or suspension, whether by you or Market Creations, will not alter your obligation to pay all charges made to your Account before such termination, cancellation or suspension (including charges made after termination by you but before Market Creations could reasonably act on your termination notice). You will not be entitled to any refunds upon termination, cancellation or suspension unless the applicable agreement expressly so provides.

General

You represent and warrant that: (1) you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that you submit is true and accurate (including without limitation information relating to your Payment Method); and (3) you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with your responsibilities and obligations as stated in this Agreement. If you are an agent of an entity user, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of this Agreement and that you have made the entity aware of them. You agree not to assign, transfer or sublicense any rights in your Account. Market Creations may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which you must have provided consent or engaged in conduct to obtain the applicable Products.

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