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Terms and Conditions of Use - Classified Advertising Service

1.

Terms and Conditions

1.1

This classified advertising service/web site is owned and operated by Trinity Mirror Digital Media Limited trading as Adzooks ("Adzooks"), and is provided to you under these terms and conditions, the "ic" web site User Terms and Conditions and any operating rules or policies that may be published by Adzooks (together the "Terms and Conditions"). The Terms and Conditions comprise the entire agreement between you and Adzooks 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

In the case of any conflict between the classified advertising service terms and conditions, the main "ic" web site User Terms and Conditions and any operating rules or policies, the order of priority for their interpretation shall be the classified advertising service terms and conditions, followed by the main "ic" web site User Terms and Conditions and any operating rules or policies.

1.3

Adzooks may change the classified advertising service terms and conditions from time to time.

(a)

Where major changes are made to these terms and conditions, Adzooks 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.adzooks.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 Adzooks 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

Adzooks reserves the right to modify or discontinue the classified advertising service, with or without notice to you. Adzooks shall not be liable to you, or to any third party, if Adzooks exercises this right to modify or discontinue the classified advertising service.

2.3

Where you are required to become a member of the classified advertising service, you will receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. You are also responsible for any and all activities which occur under your account.

3.

Use of Classified Advertising Service

3.1

Adzooks 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 knock-off 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.
• work from home jobs loans, finance, credit or lending of any kind.

Adzooks 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.

(k)

not publish the same ad in more than one section on the site.

3.3

Whilst you acknowledge that Adzooks does not pre-screen the information or material transmitted to or via this web site, Adzooks reserves the right to remove without prior notice any information or material which Adzooks deems to be in breach of any of the Terms and Conditions.

3.4

If you publish any text or graphical material on this classified advertising service you hereby agree that you own such content or are authorised by the owners of the content to publish it as aforesaid and to permit others to do the same, and you are granting Adzooks a perpetual, royalty-free non-exclusive licence to use, reproduce, modify, publish, translate, create derivative works from and distribute such text or graphic into any form, medium or technology now or hereafter developed. In addition, as between you and Trinity Mirror Digital Media Limited, you assert and waive any and all moral right in such text or graphic.

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. Adzooks 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. Adzooks does not confirm the identity of users, nor the accuracy of any listings posted on this web site. As a result, Adzooks 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. Adzooks cannot assure that all transactions will be completed. Additionally, Adzooks 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 particpants on this site, or between users and any third party, you understand and agree that Adzooks is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Adzooks, 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 Adzooks. 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 Adzooks 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 Adzooks 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. Adzooks 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 Adzooks 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 Adzooks as a party and Adzooks 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

Adzooks shall be responsible for this web site and Adzooks (and other companies working on its behalf) shall only be required to use its reasonable endeavours to keep this web site operational. While Adzooks will take all reasonable steps to ensure a fast and reliable service, Adzooks 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 Adzooks indemnified on demand from and against any costs, claims, demands, damages, expenses and liabilities suffered or incurred by Adzooks:

(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

Please click here to review our Privacy Policy which governs your use of this web site.

7.

General

7.1

Adzooks 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 Adzooks 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

Where this classified advertising service is accessed from England and Wales, or from outside the United Kingdom this Agreement shall be governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts. Where this classified advertising service is accessed from Scotland or Northern Ireland this Agreement shall be governed by the laws of Scotland or Northern Ireland respectively and you hereby submit to the exclusive jurisdiction of the Scottish courts or the courts of Northern Ireland respectively.