DESCRIPTION OF SERVICE AND CONTENT POLICYI. OLDBUZZAR is the online classifieds of the future. We function as a marketplace for our users to offer, sell, and purchase items and services listed on the Platform if they conform with these Terms. Although you may be able to perform payment and other transactions using the Platform, third-party vendors such as OLDBUZZAR are not engaged in these transactions in any way. As a result, and as further explained in these Terms, you recognise and accept that OLDBUZZAR is not a party to such transactions, has no control over any aspect of such transactions, and has no obligation to any party in connection with such transactions. You use the Platform and Service at your own risk.
II. You understand that OLDBUZZAR has no control over, and is not responsible for, ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside OLDBUZZAR’s domain or other means of electronic communication, whether through the Platform or another Third Party Website (defined below), or offerings, comments, user postings, files, images, photos, or other forms of electronic communication, whether through the Platform or another Third Party Website (defined below), or offerings, comments, user postings, files (“Content”), and that you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable as a result of your use of the Platform and Service. You acknowledge and agree that you are responsible for evaluating and bearing all risks associated with the use of any Content, that you may not rely on said Content, and that OLDBUZZAR will not be liable in any way for the Content or any loss or damage of any kind incurred as a result of browsing, using, or reading any Content listed, emailed, or otherwise made available to you. You acknowledge and agree that OLDBUZZAR cannot and does not pre-screen or approve any Content, but that OLDBUZZAR reserves the right, in its sole and absolute discretion, to refuse, delete, or move any Content that is or may be available through the Service for any reason or no reason at all, including for violating these Terms and such violation being brought to OLDBUZZAR’s knowledge. Furthermore, the Platform and Content accessible via the Platform may contain links to third-party websites (“Third Party Websites”) that are unconnected to OLDBUZZAR. You may be subject to the terms and conditions and other policies of Third Party Websites if you link to them. OLDBUZZAR makes no representation or warranty as to the truth or validity of the information included in any such Third Party Website, and you link to other websites entirely at your own risk, with OLDBUZZAR disclaiming any and all duty.
III. You recognise and agree that you are solely responsible for your own Content, as well as the consequences of posting, sending, linking, or publishing it on, via, or through the Service. More particular, all Content that you upload, email, or otherwise make available over the Service is completely your responsibility. You affirm, acknowledge, represent, warrant, and covenant that: I you own or have and will continue to own or have for as long as the Content is available on the Platform, (ii) you own or have and will continue to own or have for as long as the Content is available on the Platform, (iii) you own or have and will continue to own or have for as long as the Content is available on the Platform, (iv) you own or have and will continue to own or have for as long as you have all necessary licences, rights, consents, and permissions to use such Content on the Service and Platform (including, without limitation, all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all such Content) and authorise OLDBUZZAR to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, Platform, and these T&Cs. (ii) you have obtained the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business in the Content in the manner contemplated by the Service, the Platform, and these Terms to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform, and these Terms. To be clear, you retain full ownership of your Content; however, by submitting any Content to the Platform, you grant to OLDBUZZAR an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Platform and OLDBUZZAR’s business. You may change the description of your ad at any moment while it is online. You also give each Platform user (a) a non-exclusive licence to access your Content through the Platform, and (b) the right to contact you about the Content you publish via private chat or any other means. Once you or OLDBUZZAR remove or delete such Content from the Platform, the above licence to each user expires. You also allow OLDBUZZAR the right to make your Content available to any third party in connection with the transaction described in your classified post.
IV. OLDBUZZAR explicitly disclaims any and all duty in connection with User Content, including any opinion, statement, suggestion, or advice made therein. OLDBUZZAR does not allow copyright infringement or intellectual property rights infringement on the Platform, and OLDBUZZAR reserves the right to remove any infringing Content at its sole discretion if properly notified in accordance with applicable law that such Content infringes on another’s intellectual property rights. OLDBUZZAR retains the right to delete any Content at any time and without warning. If a user is discovered to be a repeat infringer or to be engaging in any behaviour that violates these Terms, OLDBUZZAR may suspend or cancel their access to the Platform. A user who has been informed of infringing conduct more than twice and/or had a user submission removed from the Platform more than twice is considered a repeat infringer. Furthermore, OLDBUZZAR has the right, in its sole discretion, to determine whether any Content is acceptable and conforms with these Terms. NOTIFICATION OF CLAIMS OF INFRINGEMENTS OLDBUZZAR is not responsible for any intellectual property rights violation resulting from content posted on or transmitted via the site, or products advertised on the site, by end-users or other third parties. If you are an owner of intellectual property rights or an agent fully authorised to act on behalf of an owner of intellectual property rights and believe that any Content or other content infringes on your intellectual property right or the intellectual property right of the owner on whose behalf you are authorised to act, you may send a notification to OLDBUZZAR along with a request to OLDBUZZAR to remove the infringing content. If you are the owner of an Intellectual Property and wish to report any counterfeit items found on our Platform, please see our OLX Group Counterfeit Policy, which can be found here.
INTELLECTUAL PROPERTY RIGHTSYou acknowledge and agree that the materials on the Platform, other than the User Content that you licenced under Section ii(C) of the Terms, are owned by or licenced to OLX, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (“Materials”), as well as the trademarks, service marks, and logos contained therein (“Marks”). The Platform may display trademarks belonging to third parties in conjunction with the Services. The use of these trademarks may be limited by the licences given to OLX by third parties. In no circumstances will you reverse engineer, decompile, or disassemble such trademarks, and nothing contained herein shall be regarded as granting you any rights in connection to such trademarks. The Platform’s materials are provided AS IS for your information and personal use only, and they may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licenced, or otherwise exploited for any other purpose without the prior written consent of the respective owners.
You agree not to use, copy, or distribute any of the Materials for any commercial purpose other than as specifically allowed above. This includes any use, copying, or distribution of Materials received from third parties through the Platform. You must keep all copyright and other proprietary notices contained in the Materials if you download or print a copy for personal use. You undertake not to deactivate, circumvent, or otherwise interfere with the Platform’s security mechanisms, or features that prohibit or restrict the use or copying of any Materials, or that impose limits on the Platform’s or Materials’ usage.