1. ACCEPTANCE OF TERMS
Your access to and use of BigBrick ("the Website") and any Services referred to in Clause 2, is subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
3. THE SERVICES
The Website may provide communication tools and online resources such as classified ads, email, and/or other message or communication facilities ("the Services") designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only. The services are for the use of buyers and sellers of ‘for sale by owner’ real estate. Postings by real estate agents are prohibited.
4. PRIVACY POLICY
As part of the posting process, you will be asked to provide certain personal information. All uses of your personal information will be in accordance with the provisions of our Privacy Policy. Your use of the Website/Services signifies acknowledgement of and agreement to our Privacy Policy.
5. NO SPAM
We do not condone or allow spam. We prohibit you from using the Services to promote your own Web site or any business, product or service through the sending of unsolicited email. We reserve the right to investigate and terminate your rights under this Agreement.
6. CONTENT
You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content. BigBrick will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
7. CONDUCT
In using the Website/Services you agree not to:
7.2.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
7.2.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
7.2.3 post, publish, distribute or disseminate material or information that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
7.2.4 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
7.2.5 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
7.2.6 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
7.2.7 make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
7.2.8 collect or store personal information about others, including email addresses;
7.2.9 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
7.2.10 impersonate any person or entity for the purpose of misleading others;
7.2.11 violate any applicable laws or regulations;
7.2.12 use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;
7.2.13 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
7.2.14 attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
7.3 We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
8. TERMINATION AND LIMITATION OF SERVICE
BigBrick has the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services. You acknowledge that BigBrick 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 size 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 BigBrick has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service
9. LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that BigBrick is not responsible for the content or availability of any such sites.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
10.2 BigBrick does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The license shall be terminated when such Content is deleted from the Services.
11. INDEMNITY
You agree to indemnify and hold BigBrick, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against BigBrick by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by BigBrick in consequence of your breach of these Terms and Conditions.
12. DISCLAIMER OF WARRANTIES
You expressly agree that use of the Website/Services is at your own risk. The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. BigBrick makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive. To the fullest extent permitted by law, BigBrick disclaims any warranties for other services or goods received through or advertised on the Website/Services or accessed through any links on the Website/Services
13. LIMITATION OF LIABILITY
You expressly understand and agree that to the fullest extent permitted under applicable law, under no circumstances shall BigBrick or its officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even in such parties were advised of, knew of or should have known of the possibility of such damages), arising out of or in any way related to:
- the use or inability to use the Website/Services
- unauthorized access to or alteration of your transmissions or data
- statements or conduct of any third party on or through the Website/Services, including threatening, defamatory, obscene, offensive, or illegal conduct or any infringement or another’s rights, including intellectual property rights
- any content you access through the Website/Services, including, but not limited to, for any errors or omissions in any content, or your use of or reliance on any content posted, emailed or otherwise transmitted through the Website/Services
- termination of your access to or use of the Website/Services as provided herein
- the deletion or failure to store any information or data, communications or content maintained or transmitted by or through the Website/Services
- any modification, suspension or discontinuance of the Services (or any part thereof) or these Terms
- use of or reliance on any content, goods or services available on any other Web sites that you access through the Website/Services
- any other matter relating to the Website/Services or these Terms
The Terms constitute the entire and exclusive agreement between you and BigBrick and govern your use of the Website/Services, superseding any prior agreements between you and BigBrick. The Terms and the relationship between you and BigBrick shall be governed by the laws of the State of Oregon notwithstanding your actual place of residence. The failure of BigBrick to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms 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 Website/Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.