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5. ACCESS TO CLASSIFIEDS

Subject to your compliance with this Classifieds Terms of Use, Thailand-business-news.com grants you a limited, revocable, non-exclusive license to access Classifieds for your personal use only. This license does not permit, and you agree not to: (a) access or otherwise use Classifieds in connection with Posting Agents (as defined in Section 8); または (b) collect, aggregate, copy, duplicate, display or make derivative use of Classifieds or use data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Thailand-business-news.com. A limited exception to (b) is provided to (の) 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 Classifieds, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent, (ii) search agents available from Thailand-business-news.com on Classifieds and (iii) generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, 住宅, 販売, or services, or which is in the business of providing classified ad listing services.

Thailand-business-news.com permits you to display on your own website (グラム. for use in personal web blogs or personal online media) your individual listings from Classifieds, or create a hyperlink on your website to your listings so long as such use is for noncommercial or news reporting purposes only. If the total number of such listings displayed or linked to on your website exceeds one hundred (100) listings, your use will be presumed to be commercial and therefore in violation of this Classifieds Terms of Use. You may also create a hyperlink solely to any specific listing on Classifieds so long as the link does not portray Thailand-business-news.com, its employees, or its affiliates in a false, misleading, derogatory, or otherwise objectionable manner.

Thailand-business-news.com offers various parts of Classifieds in RSS format so that users can embed individual feeds into a personal website or blog, or view listings through third party software news aggregators. Thailand-business-news.com permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original listing on Classifieds and redirects the user to the listing when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “Thailand-business-news.com” as the source, (d) your use or display does not suggest that Thailand-business-news.com promotes or endorses any third party causes, ideas, web sites, products or services, (や) you do not redistribute the RSS feed, と (f) your use does not overburden Thailand-business-news.com’s systems. Thailand-business-news.com reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of Classifieds beyond the scope of authorized access granted to you by Thailand-business-news.com immediately terminates your license to use Classifieds.

6. YOUR USE OF INFORMATION FROM CLASSIFIEDS

You agree to use other users’ personal information only for:

• Classifieds transaction-related purposes which shall in no case include the sending of Spam messages to users;
• using services offered through Classifieds, または
• other purposes that a user expressly chooses.

7. NO SPAM POLICY

You may not use our communications tools to send unsolicited emails (“Spam”). You understand that sending Spam to email addresses found on Classifieds or through Classifieds is expressly prohibited and such actions may use or cause to be used computer systems located in State of Hong Kong. Any unauthorized use of Thailand-business-news.com computer systems is a violation of this Classifieds Terms of Use and certain federal and state laws, including without limitation, the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the State of Hong Kong Penal Code and Section 17538.45 of the State of Hong Kong Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

8. POSTING AGENTS

A “Posting Agent” is a third-party agent, サービス, or intermediary that offers to post Content to Classifieds on behalf of others. To moderate demands on Thailand-business-news.com’s resources, you may not use a Posting Agent to post Content to Classifieds without express written permission or license from Thailand-business-news.com. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access Classifieds to facilitate posting Content on behalf of others, except with express written permission or license from Thailand-business-news.com.

9. FEES FOR CERTAIN LISTINGS

We may charge a fee to post Content in some areas of Classifieds. The fee may be an access fee permitting Content to be posted in a designated area or a fee for premium listings. Each party posting Content to Classifieds is responsible for the Content they post and compliance with this Classifieds Terms of Use. All fees paid will be non-refundable. しかし、, Thailand-business-news.com may choose to refund fees, in its sole discretion, in the event that Content is blocked or removed from Classifieds due to a violation of the Classifieds Terms of Use.

10. OWNERSHIP

All right, title and interest in and to the Thailand-business-news.com Site and Classifieds are and will remain the exclusive property of Thailand-business-news.com, its affiliates and its licensors, as applicable. The Thailand-business-news.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Wal-Mart Stores, Inc. and all other marks are the property of their respective owners and may not be used without prior written permission. Except as otherwise expressly set forth in this Classifieds Terms of Use, you may not copy reproduce, distribute, or create derivative works of Classifieds, the Content or the Thailand-business-news.com Site without Thailand-business-news.com’s express written authorization. All rights not expressly granted in this Classifieds Terms of Use are reserved to Thailand-business-news.com.

Thailand-business-news.com respects the intellectual property rights of others and expects users of Classifieds to do the same. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use in such manner.

11. DMCA NOTICE

It is the policy of Thailand-business-news.com to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), where applicable.

Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to Thailand-business-news.com’s Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on Classifieds, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to Thailand-business-news.com’s Designated Agent listed below.

To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to Thailand-business-news.com’s Designated Agent that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, または, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Thailand-business-news.com to locate the material;
4. Information reasonably sufficient to permit Thailand-business-news.com to contact the complaining party, such as an address, telephone number, と, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; と
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Thailand-business-news.com’s Designated Agent for notice of claims of copyright infringement can be reached as follows:

classifieds[で]thailand-business-news.com

This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on Classifieds.

Upon receipt of a valid notification of alleged copyright infringement by a third party, Thailand-business-news.com shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer or by Thailand-business-news.com, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above.

To be effective, a counter notification must be a written communication provided to the Thailand-business-news.com’s Designated Agent that includes the following:

1. A physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; と
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.

If Thailand-business-news.com receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 , and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that Thailand-business-news.com has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Thailand-business-news.com’s system.

You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their counter notification statement may be liable for any damages, including costs and attorneys’ fees, incurred by any copyright owner or copyright owner’s authorized licensee, or by Thailand-business-news.com, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.

12. INTERACTIONS WITH ORGANIZATIONS OR INDIVIDUALS

Thailand-business-news.com shall not be liable for your interactions with any organizations and/or individuals found through Classifieds, including without limitation, those third parties whose listings are designated as “Trusted Listings” (as further described below). This includes, but is not limited to, interactions related to payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such interactions. These interactions are solely between you and such organizations and/or individuals. You agree that Thailand-business-news.com is not responsible for any damage or loss incurred as a result of any such interactions, including without limitation, those interactions with third parties whose listings are designated as “Trusted Listings.” You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

Listings designated by Siam News Network Limited as “Trusted Listings” are listings that Siam News Network Limited believes provide a lower chance of fraud or scams or customer losses from such activities due to the favorable fraud protection and customer policies of the party providing the listing. By way of example and not limitation, a listing may be designated as a “Trusted Listing” because the party responsible for such listing (の) guarantees such listing by refunding money lost through fraud or scams or (ii) controls its listings by limiting the parties that are permitted to place listings on its sites. Neither Thailand-business-news.com nor Siam News Network Limited guarantees that any listing designated as a “Trusted Listing” will not be associated with fraud or scams.

Thailand-business-news.com is under no obligation to become involved in disputes between participants of Classifieds, or between participants of Classifieds and any third party, and Thailand-business-news.com, its affiliates, officers, employees and agents shall have no liability or responsibility for any claims, damages, or liabilities arising from such disputes. In the event of a dispute, you hereby release Thailand-business-news.com, its officers, employees, agents, affiliates and successors in rights from any claims, damages and demands of every kind and nature arising out of or in any way related to such disputes and our Classifieds.

If there are any defects with any items purchased using Classifieds, any returns must be made directly to the organization or individual from which you made such purchase. Under no circumstances shall such items be returned to Thailand-business-news.com or Siam News Network Limited and Thailand-business-news.com will not be responsible for any such items sent to Siam News Network Limited.

If you are a State of Hong Kong resident, you waive State of Hong Kong Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

13. LIMITATION AND TERMINATION OF SERVICE

You acknowledge that Thailand-business-news.com may establish limits concerning use of Classifieds, including, without limitation, the maximum number of days that Content will be retained by Classifieds, the maximum number and size of listings, email messages, or other Content that may be transmitted or stored by Classifieds, and the frequency with which you may access Classifieds. You agree that Thailand-business-news.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by Classifieds. You acknowledge that Thailand-business-news.com reserves the right at any time to modify or discontinue Classifieds (or any part thereof) with or without notice, and that Thailand-business-news.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of Classifieds.

You agree that Thailand-business-news.com in its sole discretion, has the right (but not the obligation) to delete or deactivate your listing, block your email or IP address, or otherwise terminate your access to or use of Classifieds (or any part thereof), immediately and without notice, and remove and discard any Content within Classifieds, for any reason, including, without limitation, if Thailand-business-news.com believes that you have acted inconsistently with this Classifieds Terms of Use. Further, you agree that Thailand-business-news.com shall not be liable to you or any third-party for any termination of your access to Classifieds. Further, you agree not to attempt to use Classifieds after said termination.

14. PRIVACY AND INFORMATION DISCLOSURE

Classifieds is subject to a privacy policy that explains to users how their information is collected and used. A copy of the current version of the Classifieds Privacy Policy can be found by clicking on the link labeled “Classifieds Privacy Policy” at the bottom of the Classifieds pages. Your use of Classifieds signifies acknowledgment of and agreement to our Privacy Policy.

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF CLASSIFIEDS OR THE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF CLASSIFIEDS, INCLUDING WITHOUT LIMITATION, THE DOWNLOAD OF FILES, SOFTWARE AND/OR ANY GRAPHICS OR OTHER CONTENT. CLASSIFIEDS AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Thailand-business-news.com and Siam News Network Limited, AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NEITHER Thailand-business-news.com and Siam News Network Limited, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT CLASSIFIEDS OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT CLASSIFIEDS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Thailand-business-news.com and Siam News Network Limited, ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CLASSIFIEDS OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH CLASSIFIEDS OR THAT DEFECTS IN CLASSIFIEDS WILL BE CORRECTED. Thailand-business-news.com and Siam News Network Limited DISCLAIMS ANY WARRANTIES FOR GOODS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON CLASSIFIEDS OR ACCESSED THROUGH ANY LINKS ON CLASSIFIEDS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

16. LIMITATIONS ON LIABILITY

IN NO EVENT SHALL Thailand-business-news.com and Siam News Network Limited, OR ANY OF ITS AFFILIATES, LICENSORS, EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE CLASSIFIEDS OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, OR BUSINESS OPPORTUNITY, EVEN IF Thailand-business-news.com and Siam News Network Limited HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, Thailand-business-news.com and Siam News Network Limited SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY ACTION OF ANY THIRD PARTY OR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM CLASSIFIEDS. YOU AGREE THAT THE AGGREGATE LIABILITY OF Thailand-business-news.com and Siam News Network Limited TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF CLASSIFIEDS OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO Thailand-business-news.com and Siam News Network Limited, IF ANY, FOR ACCESS TO AND USE OF CLASSIFIEDS OR THE CONTENT. IF YOU HAVE NOT PAID Thailand-business-news.com and Siam News Network Limited FOR ACCESS OR USE OF CLASSIFIEDS, Thailand-business-news.com and Siam News Network LimitedWILL HAVE NO LIABILITY TO YOU WHATSOEVER. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Thailand-business-news.com and Siam News Network LimitedAND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

17. INDEMNITY

You hereby agree, at your expense, to indemnify, defend and hold Thailand-business-news.com, its affiliates, agents and employees harmless from and against any loss, cost, damages, liability, and/or expense arising out of or relating to (A) third party claims, actions or allegations of infringement of any patent, trademark, copyright, trade secret or other proprietary right based on information, data or Content you submitted in connection with Classifieds, (B) any fraud, manipulation or other breach of this Classifieds Terms of Use by you, (C) any listings or Content place by you or by a third party through your email address on Classifieds or (D) third party claims, actions or allegations brought against Thailand-business-news.com arising out of your use of Classifieds.

18. GENERAL INFORMATION

This Classifieds Terms of Use is governed in all respects by the laws of the Hong Kong, without reference to its conflicts of laws principles and any dispute arising hereunder shall be submitted to state and federal courts in Hong Kong, State of Hong Kong and you consent to the exclusive jurisdiction of such courts. If any provision of this Classifieds Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Thailand-business-news.com’s failure to act with respect to a breach of the Classifieds Terms of Use by you does not waive Thailand-business-news.com’s right to act with respect to subsequent or similar breaches. You may not assign or transfer this Classifieds Terms of Use or any rights or obligations hereunder, and any attempt to the contrary is void. This Classifieds Terms of Use shall inure to the benefit of and be binding upon each party’s successors and assigns. Thailand-business-news.com shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Thailand-business-news.com’s reasonable control. Any notice required or given to you under this Classifieds Terms of Use shall be delivered by electronic mail at the email address provided by you on Classifieds. This Classifieds Terms of Use constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. Sections 10, 12, 14, 15, 16, 17 と 18 shall survive any termination of this Classifieds Terms of Use.

This Classifieds Terms of Use was last updated on July 31, 2008. Please check this Classifieds Terms of Use periodically for changes.

Many laws, regulations and policies, in a variety of jurisdictions, regulate goods and services that may be bought and sold. For your convenience, we have prepared a list of some of the types of prohibited and restricted items that may not be advertised on Classifieds. Please note that this list is not intended to be a complete list of prohibited items and you are responsible for conducting any additional research required to determine whether your item may be listed on Classifieds. Policies about listing items are often based on Federal, state and municipal laws. しかし、, many restrictions listed below may involve the sale of dangerous or sensitive items that are not appropriate for listing on Classifieds but are not necessarily prohibited by law.

Before you list your item, you need to find out if your item is allowed on the Classifieds and if the type of item is subject to certain restrictions to avoid potential issues with your listing. Classifieds users remain responsible for complying with all applicable laws, regulations or restrictions on items, サービス, or manner of sale, payment or exchange, that may apply to transactions in which they participate. We encourage you to research the applicable laws and regulations that may apply to your transaction.

Violations of these policies may result in a range of actions, including without limitation:

• Listing cancellation;
• Limits on account privileges;
• Account suspension or termination; と
• Forfeit of Classifieds fees on cancelled listings.

Partial list of items that may not be advertised for sale on Classifieds:

• Obscene material or child pornography.
• Weapons and related items, including without limitation, firearms, disguised, undetectable or switchblade knives, martial arts weapons, scopes, silencers, ammunition, ammunition magazines, BB guns, tear gas, stun guns, paintball guns, or airsoft guns.
• Fireworks, including without limitation, “safe and sane” fireworks or any destructive devices or explosives.
• Controlled substances or illegal drugs, or substances and items used to manufacture controlled substances and drug paraphernalia.
• Alcohol or tobacco products.
• Nonprescription drugs, Prescription drugs and medical devices, including but not limited to prescription eyeglasses, prescription contact lenses, defibrillators, hypodermic needles or hearing aids.
• Blood, bodily fluids or body parts.
• Animals prohibited for sale under applicable laws.
• Animal parts, blood, or fluids, including without limitation, stud/breeding services.
• Restricted or regulated plants and insects, including without limitation, limited to noxious weeds, endangered plant species, or live insects or pests.
• Pesticides or hazardous substances, or items containing hazardous substances, including without limitation, contaminated toys, or art or craft material containing toxic substances without a warning label.
• Illegal telecommunications equipment, including without limitation, access cards, password sniffers, access card programmers and unloopers, or cable descramblers
• Stolen property, or property with serial number removed or altered.
• Recalled items.
• Burglary tools, including without limitation, lock-picks or motor vehicle master keys
• False identification cards, items with police insignia, citizenship documents or birth certificates.
• Counterfeit currency, coins and stamps, tickets, as well as equipment designed to make them.
• Counterfeit, replica, or knock-off brand name goods.
• Material that infringes copyrights, trademarks or other third party rights, including without limitation, software or other digital goods you are not authorized to sell, warez, or bootlegs (without consent of the band).
• Airline tickets that restrict transfer, and tickets of any kind which you are not authorized to sell.
• Gambling items, including without limitation, lottery tickets, sports trading card ‘grab bags’, raffle tickets, sweepstakes entries or slot machines.
• Used or rebuilt batteries, or batteries containing mercury.
• Used bedding and clothing, unless sanitized in accordance with law.
• Non-packaged food items or adulterated food.
• Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information.